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LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 54

Court to ascertain tenancies, right of common, &c.

54. Where a sale shall be made, or a conveyance executed, or a title declared
under this Act, the judge shall, when and so far as he may deem necessary for
the purpose of such sale, conveyance, or declaration, ascertain the tenancies
of the occupying tenants, and of any lessees or under-lessees whose tenancies,
leases, or under-leases and other such rights as aforesaid affect the land or
part thereof to be sold, conveyed, or to be the subject of such declaration,
and the rights of persons claiming right of common, rights of way, or other
easements in such lands, and shall also ascertain the boundaries thereof, and
may give such notices and make or cause to be made such inquiries as he may
think necessary for ascertaining and securing the rights of such tenants,
lessees, under-lessees, or persons having such easements as aforesaid, and for
ascertaining the boundaries of such lands; and all occupying tenants, and all
persons being or claiming to be lessees or under-lessees as aforesaid, or
claiming such right of common, right of way, or other easement, shall, at such
times and places as the judge may by his notices require, produce all leases,
under-leases, agreements in writing, or deeds or instruments under which such
tenant or person occupy or claim to hold, or such persons claim such
easements, if such leases, under-leases, or agreements, or counterparts
thereof, or such deeds or instruments, be in their possession or power; and
where they occupy or claim to hold under leases, under-leases, or agreements
in writing not in their possession or power, or under parol agreements or
lettings, they shall deliver, at such times and places as aforesaid,
particulars of the terms and conditions upon and subject to which they occupy
or claim to hold; and such persons as may claim right of common, right of way,
or other easements, or who may dispute such alleged boundaries, shall also in
like manner deliver particulars of such rights or such grounds of objection to
such boundaries, and shall sustain such claims or objections; and the sale,
conveyance, or declaration shall be made subject to the tenancies, leases, or
under-leases, rights of common, rights of way, or other easements, and to such
boundaries ascertained as aforesaid, and subject to which the owner,
incumbrancer, or other person applying for a sale, conveyance, or declaration
under this Act shall be owner or incumbrancer, and such other of the
tenancies, leases, and under-leases, or easements, ascertained as above, as
shall appear to the said judge to have been granted bona fide by the owner or
person in possession or in receipt of the rents and profits, and subject to
which it shall appear to the said judge the sale, conveyance, or declaration
should be made, save such (if any) of such respective tenancies, leases, and
under-leases as, with consent as herein-after mentioned, shall be included in
such sale, and, where the said judge shall think fit, be made subject to any
leases, under-leases, or tenancies, according to any general description, or
subject to any condition concerning any leases, under-leases, or tenancies, or
easements, the nature of which shall not have been ascertained or shall be
disputed; and the decision of the said judge in relation to such claim under
leases or of easement, or in relation to such boundaries, shall be final and
conclusive as to all persons whatsoever, but subject to the appeal hereby
provided from the orders of the judges; and when the said judge shall think
fit, such sale, conveyance, or declaration may be made subject to any annual
charge affecting the land or part thereof sold, or to any such apportioned
part of such annual charge as the judge may think fit should remain charged
thereon; and where such estate in land or part thereof is subject to any
incumbrance under the terms of which the incumbrancer cannot be required to
accept payment of the principal money before the expiration of a term of years
unexpired, such sale or conveyance may, if the said judge think fit, be made
subject to such incumbrance; and the Court shall have power, upon any
application for sale, ... to sell and convey any land subject to any right,
title, or estate to or in dower, jointure, or annuity.

S.55 rep. by 1978 c.23 s.122(2) sch.7 Pt.I

© 1858 Crown Copyright

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