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SETTLED LAND ACT 1882

SETTLED LAND ACT 1882 - LONG TITLE

An Act for facilitating Sales, Leases, and other dispositions of
Settled Land, and for promoting the execution of Improvements
thereon.{1}
[10th August 1882]
IPRELIMINARY

SETTLED LAND ACT 1882 - SECT 1

1.(1) This Act may be cited as the Settled Land Act, 1882.

(2) This Act, except where it is otherwise expressed, shall commence
and take effect from and immediately after the thirty-first day of
December one thousand eight hundred and eighty-two, which time is in
this Act referred to as the commencement of this Act.

Definition of settlement, tenant for life, &c.

SETTLED LAND ACT 1882 - SECT 2

2.(1) Any deed, will, agreement for a settlement, or other
agreement, covenant to surrender, copy of court roll, Act of
Parliament, or other instrument, or any number of instruments,
whether made or passed before or after, or partly before and partly
after, the commencement of this Act, under or by virtue of which
instrument or instruments any land, or any estate or interest in
land, stands for the time being limited to or in trust for any
persons by way of succession, creates or is for purposes of this
Act a settlement, and is in this Act referred to as a settlement,
or as the settlement, as the case requires.

(2) An estate or interest in remainder or reversion not disposed of
by a settlement, and reverting to the settlor or descending to the
testator's heir, is for purposes of this Act an estate or interest
coming to the settlor or heir under or by virtue of the
settlement, and comprised in the subject of the settlement.

(3) Land, and any estate or interest therein, which is the subject
of a settlement, is for purposes of this Act settled land, and is,
in relation to the settlement, referred to in this Act as the
settled land.

(4) The determination of the question whether land is settled land,
for purposes of this Act, or not, is governed by the state of
facts, and the limitations of the settlement, at the time of the
settlement taking effect.

(5) The person who is for the time being, under a settlement,
beneficially entitled to possession of settled land, for his life,
is for purposes of this Act the tenant for life of that land, and
the tenant for life under that settlement.

(6) If, in any case, there are two or more persons so entitled as
tenants in common, or as joint tenants, or for other concurrent
estates or interests, they together constitute the tenant for life
for purposes of this Act.

(7) A person being tenant for life within the foregoing definitions
shall be deemed to be such notwithstanding that, under the
settlement or otherwise, the settled land, or his estate or interest
therein, is incumbered or charged in any manner or to any extent.

(8) The persons, if any, who are for the time being, under a
settlement, trustees with power of sale of settled land, or with
power of consent to or approval of the exercise of such a power
of sale, or if under a settlement there are no such trustees, then
the persons, if any, for the time being, who are by the settlement
declared to be trustees thereof for purposes of this Act, are for
purposes of this Act trustees of the settlement.

(9) Capital money arising under this Act, and receivable for the
trusts and purposes of the settlement, is in this Act referred to
as capital money arising under this Act.

(10) In this Act

(i)Land includes incorporeal hereditaments, also an undivided share in
land; income includes rents and profits; and possession includes
receipt of income:

(ii)Rent includes yearly or other rent, and toll, duty, royalty, or
other reservation, by the acre, or the ton, or otherwise; and, in
relation to rent, payment includes delivery; and fine includes
premium or fore-gift, and any payment, consideration, or benefit in
the nature of a fine, premium, or fore-gift:

(iii)Building purposes include the erecting and the improving of, and
the adding to, and the repairing of buildings; and a building lease
is a lease for any building purposes or purposes connected
therewith:

(iv)Mines and minerals mean mines and minerals whether already opened
or in work, or not, and include all minerals and substances in,
on, or under the land, obtainable by underground or by surface
working; and mining purposes include the sinking and searching for,
winning, working, getting, making merchantable, smelting or otherwise
converting or working for the purposes or any manufacture, carrying
away, and disposing of mines and minerals, in or under the settled
land, or any other land, and the erection of buildings, and the
execution of engineering and other works, suitable for those
purposes; and a mining lease is a lease for any mining purposes or
purposes connected therewith, and includes a grant or licence for
any mining purposes:

(v)Manor includes lordship, and reputed manor or lordship:

Para.(vi) rep. by SLR 1976

<(vii)Will includes codicil, and other testamentary instrument, and a writing in the nature of a will:

(viii)Securities include stocks, funds, and shares:

(xi)Person includes corporation.

[(11) Any reference in the Settled Land Acts 1882 to 1890 to
money, securities or proceeds of sale being paid or transferred into
court shall be construed as referring to the money, securities or
proceeds being paid or transferred into the Supreme Court or any
other court that has jurisdiction, and any reference in those Acts
to the court in a context referring to the investment or
application of money, securities or proceeds of sale paid or
transferred into court, shall be construed, in the case of money,
securities or proceeds paid or transferred into the Supreme Court,
as referring to the High Court, and, in the case of money,
securities or proceeds paid into another court, as referring to that
other court.]

Powers to tenant for life to sell, &c.

SETTLED LAND ACT 1882 - SECT 3

3. A tenant for life

(i)May sell the settled land, or any part thereof, or any easement,
right, or privilege of any kind, over or in relation to the same;
and

(ii)Where the settlement comprises a manormay sell the seignor of
any freehold land within the manor, ..., with or without any
exception or reservation of all or any mines or minerals, or of
any rights or powers relative to mining purposes, so as ... to
effect an enfranchisement; and

(iii)May make an exchange of the settled land, or any part thereof,
for other land, including an exchange in consideration of money paid
for equality of exchange; and

(iv)Where the settlement comprises an undivided share in land, or,
under the settlement, the settled land has come to be held in
undivided sharesmay concur in making partition of the entirety,
including a partition in consideration of money paid for equality of
partition.

SETTLED LAND ACT 1882 - SECT 4
Regulations respecting sale, enfranchisement, exchange, and partition.

4.(1) Every sale shall be made at the best price that can
reasonably be obtained.

(2) Every exchange and every partition shall be made for the best
consideration in land or in land and money that can reasonably be
obtained.

(3) A sale may be made in one lot or in several lots, and either
by auction or by private contract.

(4) On a sale the tenant for life may fix reserve biddings and
buy in at an auction.

(5) A sale, exchange, or partition may be made subject to any
stipulations respecting title, or evidence of title, or other things.

(6) On a sale, exchange, or partition, any restriction or
reservation with respect to buildings on or other user of land, or
with respect to mines and minerals, or with respect to or for the
purpose of the more beneficial working thereof, or with respect to
any other thing, may be imposed or reserved and made binding, as
far as the law permits, by covenant, condition, or otherwise, on
the tenant for life and the settled land, or any part thereof, or
on the other party and any land sold or given in exchange or on
partition to him.

(7) An enfranchisement may be made with or without a re-grant of
any right of common or other right, easement, or privilege
theretofore appendant or appurtenant to or held or enjoyed with the
land enfranchised, or reputed so to be.

Transfer of incumbrances on land sold, &c.

SETTLED LAND ACT 1882 - SECT 5

5. Where on a sale, exchange, or partition there is an incumbrance
affecting land sold or given in exchange or on partition, the
tenant for life, with the consent of the incumbrancer, may charge
that incumbrance on any other part of the settled land, whether
already charged therewith or not, in exoneration of the part sold
or so given, and, by conveyance of the fee simple, or other estate
or interest the subject of the settlement, or by creation of a
term of years in the settled land, or otherwise, make provision
accordingly.

Power for tenant for life to lease for ordinary or building or
mining purposes.

SETTLED LAND ACT 1882 - SECT 6

6. A tenant for life may lease the settled land, or any part
thereof, or any easement, right, or privilege of any kind, over or
in relation to the same, for any purpose whatever, whether involving
waste or not, for any term not exceeding

(i)In case of a building lease, ninety-nine years:

(ii)In case of a mining lease, sixty years:

(iii)In case of any other lease, thirty-five years.

SETTLED LAND ACT 1882 - SECT 7
Regulations respecting leases generally.

7.(1) Every lease shall be by deed, and be made to take effect in
possession not later than twelve months after its date.

(2) Every lease shall reserve the best rent that can reasonably be
obtained, regard being had to any fine taken, and to any money
laid out or to be laid out for the benefit of the settled land,
and generally to the circumstances of the case.

(3) Every lease shall contain a covenant by the lessee for payment
of the rent, and a condition of re-entry on the rent not being
paid within a time therein specified not exceeding thirty days.

(4) A counterpart of every lease shall be executed by the lessee
and delivered to the tenant for life; of which execution and
delivery the execution of the lease by the tenant for life shall
be sufficient evidence.

(5) A statement, contained in a lease or in an indorsement thereon,
signed by the tenant for life, respecting any matter of fact or of
calculation under this Act in relation to the lease, shall, in
favour of the lessee and of those claiming under him, be sufficient
evidence of the matter stated.

Regulations respecting building leases.

SETTLED LAND ACT 1882 - SECT 8

8.(1) Every building lease shall be made partly in consideration of
the lessee, or some person by whose direction the lease is granted,
or some other person, having erected, or agreeing to erect,
buildings, new or additional, or having improved or repaired, or
agreeing to improve or repair, buildings, or having executed, or
agreeing to execute, on the land leased, an improvement authorised
by this Act, for or in connection with building purposes.

(2) A peppercorn rent or a nominal or other rent less than the
rent ultimately payable may be made payable for the first five
years or any less part of the term.

(3) Where the land is contracted to be leased in lots, the entire
amount of rent to be ultimately payable may be apportioned among
the lots in any manner; save that

(i)The annual rent reserved by any lease shall not be less than
[50p]; and

(ii)The total amount of the rents reserved on all leases for the
time being granted shall not be less than the total amount of the
rents which, in order that the leases may be in conformity with
this Act, ought to be reserved in respect of the whole land for
the time being leased; and

(iii)The rent reserved by any lease shall not exceed one-fifth part
of the full annual value of the land comprised in that lease with
the buildings thereon when completed.

SETTLED LAND ACT 1882 - SECT 9
Regulations respecting mining leases.

9.(1) In a mining lease

(i)The rent may be made to be ascertainable by or to vary
according to the acreage worked, or by or according to the
quantities of any mineral or substance gotten, made merchantable,
converted, carried away, or disposed of, in or from the settled
land, or any other land, or by or according to any facilities
given in that behalf; and

(ii)A fixed or minimum rent may be made payable, with or without
power for the lessee, in case the rent, according to acreage or
quantity, in any specified period does not produce an amount equal
to the fixed or minimum rent, to make up the deficiency in any
subsequent specified period, free of rent other than the fixed or
minimum rent.

(2) A lease may be made partly in consideration of the lessee
having executed, or his agreeing to execute, on the land leased, an
improvement authorized by this Act, for or in connexion with mining
purposes.

SETTLED LAND ACT 1882 - SECT 10
Variation of building or mining lease according to circumstances of
district.

10.(1) Where it is shown to the Court with respect to the district
in which any settled land is situate, either

(i)That it is the custom for land therein to be leased or granted
for building or mining purposes for a longer term or on other
conditions than the term or conditions specified in that behalf in
this Act, or in perpetuity; or

(ii)That it is difficult to make leases or grants for building or
mining purposes of land therein, except for a longer term or on
other conditions than the term and conditions specified in that
behalf in this Act, or except in perpetuity;

(2) Thereupon the tenant for life, and, subject to any direction in
the order of the Court to the contrary, each of his successors in
title being a tenant for life, or having the powers of a tenant
for life under this Act, may make in any case, or in the
particular case, a lease or grant of or affecting the settled land,
or part thereof, in conformity with the order.

SETTLED LAND ACT 1882 - SECT 11
Part of mining rent to be set aside.

11. Under a mining lease, whether the mines or minerals leased are
already opened or in work or not, unless a contrary intention is
expressed in the settlement, there shall be from time to time set
aside, as capital money arising under this Act, part of the rent
as follows, namely,where the tenant for life is impeachable for
waste in respect of minerals, three fourth parts of the rent, and
otherwise one fourth part thereof, and in every such case the
residue of the rent shall go as rents and profits.

Leasing powers for special objects.

SETTLED LAND ACT 1882 - SECT 12

12. The leasing power of a tenant for life extends to the making
of

(i)A lease for giving effect to a contract entered into by any of
his predecessors in title for making a lease, which, if made by
the predecessor, would have been binding on the successors in title;
and

(ii)A lease for giving effect to a covenant of renewal, performance
whereof could be enforced against the owner for the time being of
the settled land; and

(iii)A lease for confirming, as far as may be, a previous lease,
being void or voidable; but so that every lease, as and when
confirmed, shall be such a lease as might at the date of the
original lease have been lawfully granted, under this Act, or
otherwise, as the case may require.

Surrender and new grant of leases.

SETTLED LAND ACT 1882 - SECT 13

13.(1) A tenant for life may accept, with or without consideration,
a surrender of any lease of settled land, whether made under this
Act or not, in respect of the whole land leased, or any part
thereof, with or without an exception of all or any of the mines
and minerals therein, or in respect of mines and minerals, or any
of them.

(2) On a surrender of a lease in respect of part only of the
land or mines and minerals leased, the rent may be apportioned.

(3) On a surrender, the tenant for life may make of the land or
mines and minerals surrendered, or of any part thereof, a new or
other lease, or new or other leases in lots.

(4) A new or other lease may comprise additional land or mines and
minerals, and may reserve any apportioned or other rent.

(5) On a surrender, and the making of a new or other lease,
whether for the same or for any extended or other term, and
whether or not subject to the same or to any other covenants,
provisions, or conditions, the value of the lessee's interest in the
lease surrendered may be taken into account in the determination of
the amount of the rent to be reserved, and of any fine to be
taken, and of the nature of the covenants, provisions, and
conditions to be inserted in the new or other lease.

(6) Every new or other lease shall be in conformity with this Act.

S.14 rep. by SLR (NI) 1954

S.15 rep. by 1890 c .69 s.10(1)

Dedication for streets, open spaces, &c.

SETTLED LAND ACT 1882 - SECT 16

16. On or in connexion with a sale or grant for building purposes,
or a building lease, the tenant for life, for the general benefit
of the residents on the settled land, or on any part thereof,

(i)May cause or require any parts of the settled land to be
appropriated and laid out for streets, roads, paths, squares,
gardens, or other open spaces, for the use, gratuitously or on
payment, of the public or of individuals, with sewers, drains,
watercourses, fencing, paving, or other works necessary or proper in
connexion therewith; and

(ii)May provide that the parts so appropriated shall be conveyed to
or vested in the trustees of the settlement, or other trustees, or
any company or public body, on trusts or subject to provisions for
securing the continued appropriation thereof to the purposes
aforesaid, and the continued repair or maintenance of streets and
other places and works aforesaid, with or without provision for
appointment of new trustees when required; and

(iii)May execute any general or other deed necessary or proper for
giving effect to the provisions of this section (which deed may be
inrolled in the Central Office of the Supreme Court of Judicature),
and thereby declare the mode, terms, and conditions of the
appropriation, and the manner in which and the persons by whom the
benefit thereof is to be enjoyed, and the nature and extent of the
privileges and conveniences granted.

Separate dealing with surface and minerals, with or without
way-leaves, &c.

SETTLED LAND ACT 1882 - SECT 17

17.(1) A sale, exchange, partition, or mining lease, may be made
either of land, with or without an exception or reservation of all
or any of the mines and minerals therein, or of any mines, and
minerals, and in any such case with or without a grant or
reservation of powers of working, wayleaves or rights of way, rights
of water and drainage, and other powers, easements, rights, and
privileges for or incident to or connected with mining purposes, in
relation to the settled land, or any part thereof, or any other
land.

(2) An exchange or partition may be made subject to and in
consideration of the reservation of an undivided share in mines or
minerals.

Mortgage for equality money, &c.

SETTLED LAND ACT 1882 - SECT 18

18. Where money is required for enfranchisement, or for equality of
exchange or partition, the tenant for life may raise the same on
mortgage of the settled land, or of any part thereof, by conveyance
of the fee simple, or other estate or interest the subject of the
settlement, or by creation of a term of years in the settled land,
or otherwise, and the money raised shall be capital money arising
under this Act.

Concurrence in exercise of powers as to undivided share.

SETTLED LAND ACT 1882 - SECT 19

19. Where the settled land comprises an undivided share in land,
or, under the settlement, the settled land has come to be held in
undivided shares, the tenant for life of an undivided share may
join or concur, in any manner and to any extent necessary or
proper for any purpose of this Act, with any person entitled to or
having power or right of disposition of or over another undivided
share.

Completion of sale, lease, &c., by conveyance.

SETTLED LAND ACT 1882 - SECT 20

20.(1) On a sale, exchange, partition, lease, mortgage, or charge,
the tenant for life may, as regards lands sold, given in exchange
or on partition, leased, mortgaged, or charged, or intended so to
be, including ... leasehold land vested in trustees, or as regards
easements or other rights or privileges sold or leased, or intended
so to be, convey or create the same by deed, for the estate or
interest the subject of the settlement, or for any less estate or
interest, to the uses and in the manner requisite for giving effect
to the sale, exchange, partition, lease, mortgage, or charge.

(2) Such a deed, to the extent and in the manner to and in which
it is expressed or intended to operate and can operate under this
Act, is effectual to pass the land conveyed, or the easements,
rights, or privileges created, discharged from all the limitations,
powers, and provisions of the settlement, and from all estates,
interests, and charges subsisting or to arise thereunder, but subject
to and with the exception of

(i)All estates, interests, and charges having priority to the
settlement; and

(ii)All such other, if any, estates, interests, and charges as have
been conveyed or created for securing money actually raised at the
date of the deed; and

(iii)All leases and grants at fee-farm rents or otherwise, and all
grants of easements, rights of common, or other rights or privileges
granted or made for value in money or money's worth, or agreed so
to be, before the date of the deed, by the tenant for life, or
by any of his predecessors in title, or by any trustees for him
or them, under the settlement, or under any statutory power, or
being otherwise binding on the successors in title of the tenant
for life.

Subs.(3) rep. by SLR 1973

Capital money under Act; investment, &c. by trustees or Court.

SETTLED LAND ACT 1882 - SECT 21

21. Capital money arising under this Act, subject to payment of
claims properly payable thereout, and to application thereof for any
special authorized object for which the same was raised, shall, when
received, be invested or otherwise applied wholly in one, or partly
in one and partly in another or others, of the following modes
(namely):

(i)In investment on Government securities, or on other securities on
which the trustees of the settlement are by the settlement or by
law authorized to invest trust money of the settlement, or on the
security of the bonds, mortgages, or debentures, or in the purchase
of the debenture stock, of any railway company in Great Britain or
Ireland incorporated by special Act of Parliament, and having for
ten years next before the date of investment paid a dividend on
its ordinary stock or shares, with power to vary the investment
into or for any other such securities:

(ii)In discharge, purchase, or redemption of incumbrances affecting
the inheritance of the settled land, or other the whole estate the
subject of the settlement, or of land-tax, rentcharge in lieu of
tithe, Crown rent, chief rent, or quit rent, charged on or payable
out of the settled land:

(iii)In payment for any improvement authorized by this Act:

(iv)In payment for equality of exchange or partition of settled
land:

(v)In purchase of the seignory of any part of the settled land,
being freehold land, ...:

(vi)In purchase of the reversion or freehold in fee of any part of
the settled land, being leasehold land held for years, or life, or
years determinable on life:

<(vii)In purchase of land in fee simple, ... or of leasehold land held for sixty years or more unexpired at the time of purchase, subject or not to any exception or reservation of or in respect of mines or minerals therein, or of or in respect of rights or powers relative to the working of mines or minerals therein, or in other land:

(viii)In purchase, either in fee simple, or for a term of sixty
years or more, of mines and minerals convenient to be held or
worked with the settled land, or of any easement, right, or
privilege convenient to be held with the settled land for mining or
other purposes:

(ix)In payment to any person becoming absolutely entitled or
empowered to give an absolute discharge:

(x)In payment of costs, charges, and expenses of or incidental to
the exercise of any of the powers, or the execution of any of the
provisions, of this Act:

<(xi)In any other mode in which money produced by the exercise of a power of sale in the settlement is applicable thereunder.

SETTLED LAND ACT 1882 - SECT 22
Regulations respecting investment, devolution, and income of
securities, etc.

22.(1) Capital money arising under this Act shall, in order to its
being invested or applied as aforesaid, be paid either to the
trustees of the settlement or into Court, at the option of the
tenant for life, and shall be invested or applied by the trustees,
or under the direction of the Court, as the case may be,
accordingly.

(2) The investment or other application by the trustees shall be
made according to the direction of the tenant for life, and in
default thereof, according to the discretion of the trustees, but in
the last-mentioned case subject to any consent required or direction
given by the settlement with respect to the investment or other
application by the trustees of trust money of the settlement; and
any investment shall be in the names or under the control of the
trustees.

(3) The investment or other application under the direction of the
Court shall be made on the application of the tenant for life, or
of the trustees.

(4) Any investment or other application shall not during the life
of the tenant for life be altered without his consent.

(5) Capital money arising under this Act while remaining uninvested
or unapplied, and securities on which an investment of any such
capital money is made, shall, for all purposes of disposition,
transmission, and devolution, be considered as land, and the same
shall be held for and go to the same persons successively, in the
same manner and for and on the same estates, interests, and trusts,
as the land wherefrom the money arises would, if not disposed of,
have been held and have gone under the settlement.

(6) The income of those securities shall be paid or applied as the
income of that land, if not disposed of, would have been payable
or applicable under the settlement.

(7) Those securities may be converted into money, which shall be
capital money arising under this Act.

SETTLED LAND ACT 1882 - SECT 24
Settlement of land purchased, taken in exchange, &c.

24.(1) Land acquired by purchase or in exchange, or on partition,
shall be made subject to the settlement in manner directed in this
section.

(2) Freehold land shall be conveyed to the uses, on the trusts,
and subject to the powers and provisions which, under the
settlement, or by reason of the exercise of any power of charging
therein contained, are subsisting with respect to the settled land,
or as near thereto as circumstances permit, but not so as to
increase or multiply charges or powers of charging.

(3) ... leasehold land shall be conveyed to and vested in the
trustees of the settlement on trusts and subject to powers and
provisions corresponding, as nearly as the law and circumstances
permit, with the uses, trusts, powers, and provisions to on and
subject to which freehold land is to be conveyed as aforesaid; so
nevertheless that the beneficial interest in land held by lease for
years shall not vest absolutely in a person who is by the
settlement made by purchase tenant in tail, or in tail male, or in
tail female, and who dies under the age of [eighteen] years, but
shall, on the death of that person under that age, go as freehold
land conveyed as aforesaid would go.

(4) Land acquired as aforesaid may be made a substituted security
for any charge in respect of money actually raised, and remaining
unpaid, from which the settled land, or any part thereof, or any
undivided share therein, has theretofore been released on the
occasion and in order to the completion of a sale, exchange, or
partition.

(5) Where a charge does not affect the whole of the settled land,
then the land acquired shall not be subjected thereto, unless the
land is acquired either by purchase with money arising from sale of
land which was before the sale subject to the charge, or by an
exchange or partition of land which, or an undivided share wherein,
was before the exchange or partition subject to the charge.

(6) On land being so acquired, any person who, by the direction of
the tenant for life, so conveys the land as to subject it to any
charge, is not concerned to inquire whether or not it is proper
that the land should be subjected to the charge.

(7) The provisions of this section referring to land extend and
apply, as far as may be, to mines and minerals, and to easements,
rights, and privileges over and in relation to land.

Description of improvements authorised by Act.

SETTLED LAND ACT 1882 - SECT 25

25. Improvements authorized by this Act are the making or execution
on, or in connexion with, and for the benefit of settled land, of
any of the following works, or of any works for any of the
following purposes, and any operation incident to or necessary or
proper in the execution of any of those works, or necessary or
proper for carrying into effect any of those purposes, or for
securing the full benefit of any of those works or purposes
(namely):

(i)Drainage, including the straightening, widening, or deepening of
drains, streams and watercourses:

(ii)Irrigation; warping:

(iii)Drains, pipes, and machinery for supply and distribution of
sewage as manure:

(iv)Embanking or weiring from a river or lake, or from the sea, or
a tidal water:

(v)Groynes; sea walls; defences against water:

(vi)Inclosing; straightening of fences; re-division of fields:

<(vii)Reclamation; dry warping:

(viii)Farm roads; private roads; roads or streets in villages or
towns:

(ix)Clearing; trenching; planting:

(x)Cottages for labourers, farm-servants, and artisans, employed on
the settled land or not:

<(xi)Farmhouses, offices, and out-buildings, and other buildings for farm purposes:

<(xii)Saw-mills, scutch-mills, and other mills, water-wheels, engine-houses, and kilns, which will increase the value of the settled land for agricultural purposes or as woodland or otherwise:

(xiii)Reservoirs, tanks, conduits, watercourses, pipes, wells, ponds,
shafts, dams, weirs, sluices and other works and machinery for
supply and distribution of water for agricultural, manufacturing, or
other purposes, or for domestic or other consumption:

(xiv)Tramways; railways; canals; docks:

<(xv)Jetties, piers, and landing places on rivers, lakes, the sea, or tidal waters, for facilitating transport of persons and of agricultural stock and produce, and of manure and other things required for agricultural purposes, and of minerals, and of things required for mining purposes:

(xvi)Markets and market-places:

(xvii)Streets, roads, paths, squares, gardens, or other open spaces
for the use, gratuitously or on payment, of the public or of
individuals, or for dedication to the public, the same being
necessary or proper in connexion with the conversion of land into
building land:

(xix)Trial pits for mines, and other preliminary works necessary or
proper in connexion with development of mines:

<(xx)Reconstruction, enlargement, or improvement of any of those works.

SETTLED LAND ACT 1882 - SECT 26
Approval by Commissioners of Public Works in Ireland of scheme for
improvement and payment thereon.

26.(1) Where the tenant for life is desirous that capital money
arising under this Act shall be applied in or towards payment for
an improvement authorized by this Act, he may submit for approval
to the trustees of the settlement, or to the Court, as the case
may require, a scheme for the execution of the improvement, showing
the proposed expenditure thereon.

(2) Where the capital money to be expended is in the hands of
trustees, then, after a scheme is approved by them, the trustees
may apply that money in or towards payment for the whole or part
of any work or operation comprised in the improvement, on

(i)A certificate of the Commissioners of Public Works in Ireland
certifying that the work or operation, or some specified part
thereof, has been properly executed, and what amount is properly
payable by the trustees in respect thereof, which certificate shall
be conclusive in favour of the trustees as an authority and
discharge for any payment made by them in pursuance thereof; or on

(ii)A like certificate of a competent engineer or able practical
surveyor nominated by the trustees and approved by the Commissioners,
or by the Court, which certificate shall be conclusive as aforesaid;
or on

(iii)An order of the Court directing or authorizing the trustees to
so apply a specified portion of the capital money.

(3) Where the capital money to be expended is in Court, then,
after a scheme is approved by the Court, the Court may, if it
thinks fit, on a report or certificate of the Commissioners, or of
a competent engineer or able practical surveyor, approved by the
Court, or on such other evidence as the Court thinks sufficient,
make such order and give such directions as it thinks fit for the
application of that money, or any part thereof, in or towards
payment for the whole or part of any work or operation comprised
in the improvement.

SETTLED LAND ACT 1882 - SECT 27
Concurrence in improvements.

27. The tenant for life may join or concur with any other person
interested in executing any improvement authorized by this Act, or
in contributing to the cost thereof.

SETTLED LAND ACT 1882 - SECT 28
Obligation on tenant for life and successors to maintain, insure,
&c.

28.(1) The tenant for life, and each of his successors in title
having, under the settlement, a limited estate or interest only in
the settled land, shall, during such period, if any, as the
Commissioners of Public Works in Ireland by certificate in any case
prescribe, maintain and repair, at his own expense, every improvement
executed under the foregoing provisions of this Act, and where a
building or work in its nature insurable against damage by fire is
comprised in the improvement, shall insure and keep insured the
same, at his own expense, in such amount, if any, as the
Commissioners by certificate in any case prescribe.

(2) The tenant for life, or any of his successors as aforesaid,
shall not cut down or knowingly permit to be cut down, except in
proper thinning, any trees planted as an improvement under the
foregoing provisions of this Act.

(3) The tenant for life, and each of his successors as aforesaid,
shall from time to time, if required by the Commissioners, on or
without the suggestion of any person having, under the settlement,
any estate or interest in the settled land in possession, remainder,
or otherwise, report to the Commissioners the state of every
improvement executed under this Act, and the fact and particulars of
fire insurance, if any.

(4) The Commissioners may vary any certificate made by them under
this section, in such manner or to such extent as circumstances
appear to them to require, but not so as to increase the
liabilities of the tenant for life, or any of his successors as
aforesaid.

(5) If the tenant for life, or any of his successors as aforesaid,
fails in any respect to comply with the requisitions of this
section, or does any act in contravention thereof, any person
having, under the settlement, any estate or interest in the settled
land in possession, remainder, or reversion, shall have a right of
action, in respect of that default or act, against the tenant for
life; and the estate of the tenant for life, after his death,
shall be liable to make good to the persons entitled under the
settlement any damages occasioned by that default or act.

Protection as regards waste in execution and repair of improvements.

SETTLED LAND ACT 1882 - SECT 29

29. The tenant for life, and each of his successors in title
having, under the settlement, a limited estate or interest only in
the settled land, and all persons employed by or under contract
with the tenant for life, or any such successor, may from time to
time enter on the settled land, and, without impeachment of waste
by any remainderman or reversioner, thereon execute any improvement
authorised by this Act, or inspect, maintain, and repair the same,
and, for the purposes thereof, on the settled land, do, make, and
use all acts, works, and conveniences proper for the execution,
maintenance, repair, and use thereof, and get and work freestone,
limestone, clay, sand, and other substances, and make tramways and
other ways, and burn and make bricks, tiles, and other things, and
cut down and use timber and other trees not planted or left
standing for shelter or ornament.

S.30 rep. by SLR (NI) 1954

Power for tenant for life to enter into contracts.

SETTLED LAND ACT 1882 - SECT 31

31.(1) A tenant for life

(i)May contract to make any sale, exchange, partition, mortgage, or
charge; and

(ii)May vary or rescind, with or without consideration, the contract,
in the like cases and manner in which, if he were absolute owner
of the settled land, he might lawfully vary or rescind the same,
but so that the contract as varied be in conformity with this Act;
and any such consideration, if paid in money, shall be capital
money arising under this Act; and

(iii)May contract to make any lease; and in making the lease may
vary the terms with or without consideration, but so that the lease
be in conformity with this Act; and

(iv)May accept a surrender of a contract for a lease, in like
manner and on the like terms in and on which he might accept a
surrender of a lease; and thereupon may make a new or other
contract, or new or other contracts, for or relative to a lease or
leases, in like manner and on the like terms in and on which he
might make a new or other lease, or new or other leases, where a
lease had been granted; and

(v)May enter into a contract for or relating to the execution of
any improvement authorized by this Act, and may vary or rescind the
same; and

(vi)may, in any other case, enter into a contract to do any act
for carrying into effect any of the purposes of this Act, and may
vary or rescind the same.

(2) Every contract shall be binding on and shall enure for the
benefit of the settled land, and shall be enforceable against and
by every successor in title for the time being of the tenant for
life, and may be carried into effect by any such successor; but so
that it may be varied or rescinded by any such successor, in the
like case and manner, if any, as if it had been made by himself.

(3) The Court may, on the application of the tenant for life, or
of any such successor, or of any person interested in any contract,
give directions respecting the enforcing, carrying into effect,
varying, or rescinding thereof.

(4) Any preliminary contract under this Act for or relating to a
lease shall not form part of the title or evidence of the title
of any person to the lease, or to the benefit thereof.

Application of money in Court under Lands Clauses and other Acts.

SETTLED LAND ACT 1882 - SECT 32

32. Where, under an Act incorporating or applying, wholly or in
part, the Lands Clauses Consolidation Acts, 1845, 1860, and 1869, or
under the Settled Estates Act, 1877, or under any other Act,
public, local, personal, or private, money is at the commencement of
this Act in Court, or is afterwards paid into Court, and is liable
to be laid out in the purchase of land to be made subject to a
settlement, then, in addition to any mode of dealing therewith
authorized by the Act under which the money is in Court, that
money may be invested or applied as capital money arising under
this Act, on the like terms, if any, respecting costs and other
things, as nearly as circumstances admit, and (notwithstanding
anything in this Act) according to the same procedure, as if the
modes of investment or application authorized by this Act were
authorised by the Act under which the money is in Court.

SETTLED LAND ACT 1882 - SECT 33
Application of money in hands of trustees under powers of
settlement.

33. Where, under a settlement, money is in the hands of trustees,
and is liable to be laid out in the purchase of land to be made
subject to the settlement, then, in addition to such powers of
dealing therewith as the trustees have independently of this Act,
they may, at the option of the tenant for life, invest or apply
the same as capital money arising under this Act.

SETTLED LAND ACT 1882 - SECT 34
Application of money paid for lease or reversion.

34. Where capital money arising under this Act is purchase money
paid in respect of a lease for years, or life, or years
determinable on life, or in respect of any other estate or interest
in land less than the fee simple, or in respect of a reversion
dependent on any such lease, estate, or interest, the trustees of
the settlement or the Court, as the case may be, and in the case
of the Court on the application of any party interested in that
money may, notwithstanding anything in this Act, require and cause
the same to be laid out, invested, accumulated, and paid in such
manner as, in the judgment of the trustees or of the Court, as
the case may be, will give to the parties interested in that money
the like benefit therefrom as they might lawfully have had from the
lease, estate, interest, or reversion in respect whereof the money
was paid, or as near thereto as may be.

SETTLED LAND ACT 1882 - SECT 35
Cutting and sale of timber, and part of proceeds to be set aside.

35.(1) Where a tenant for life is impeachable for waste in respect
of timber, and there is on the settled land timber ripe and fit
for cutting, the tenant for life, on obtaining the consent of the
trustees of the settlement or an order of the Court, may cut and
sell that timber, or any part thereof.

(2) Three fourth parts of the net proceeds of the sale shall be
set aside as and be capital money arising under this Act, and the
other fourth part shall go as rents and profits.

SETTLED LAND ACT 1882 - SECT 36
Proceedings for protection or recovery of land settled or claimed as
settled.

36. The Court may, if it thinks fit, approve of any action,
defence, petition to Parliament, parliamentary opposition, or other
proceeding taken or proposed to be taken for protection of settled
land, or of any action or proceeding taken or proposed to be taken
for recovery of land being or alleged to be subject to a
settlement, and may direct that any costs, charges, or expenses
incurred or to be incurred in relation thereto, or any part
thereof, be paid out of property subject to the settlement.

SETTLED LAND ACT 1882 - SECT 37
Heirlooms.

37.(1) Where personal chattels are settled on trust so as to
devolve with land until a tenant in tail by purchase is born or
attains the age of [eighteen] years, or so as otherwise to vest in
some person becoming entitled to an estate of freehold of
inheritance in the land, a tenant for life of the land may sell
the chattels or any of them.

(2) The money arising by the sale shall be capital money arising
under this Act, and shall be paid, invested, or applied and
otherwise dealt with in like manner in all respects as by this Act
directed with respect to other capital money arising under this Act,
or may be invested in the purchase of other chattels, of the same
or any other nature, which, when purchased, shall be settled and
held on the same trusts, and shall devolve in the same manner as
the chattels sold.

(3) A sale or purchase of chattels under this section shall not be
made without an order of the Court.

Appointment of trustees by Court.

SETTLED LAND ACT 1882 - SECT 38

38.(1) If at any time there are no trustees of a settlement within
the definition in this Act, or where in any other case it is
expedient, for purposes of this Act, that new trustees of a
settlement be appointed, the Court may, if it thinks fit, on the
application of the tenant for life or any other person having,
under the settlement, an estate or interest in the settled land, in
possession, remainder, or otherwise, or, in the case of an infant,
of his testamentary or other guardian, or next friend, appoint fit
persons to be trustees under the settlement for purposes of this
Act.

(2) The persons so appointed, and the survivors and survivor of
them, while continuing to be trustees or trustee, and, until the
appointment of new trustees, the personal representatives or
representative for the time being of the last surviving or
continuing trustee, shall for purposes of this Act become and be
the trustees or trustee of the settlement.

SETTLED LAND ACT 1882 - SECT 39
Number of trustees to act.

39.(1) Notwithstanding anything in this Act, capital money arising
under this Act shall not be paid to fewer than two persons as
trustees of a settlement, unless [the trustee is a trust corporation
as defined for the purposes of the Trustee Act (Northern Ireland),
1958, or] the settlement authorises the receipt of capital trust
money of the settlement by one trustee.

(2) Subject thereto, the provisions of this Act referring to the
trustees of a settlement apply to the surviving or continuing
trustees or trustee of the settlement for the time being.

SETTLED LAND ACT 1882 - SECT 40
Trustees receipts.

40. The receipt in writing of the trustees of a settlement, or
where one trustee is empowered to act, of one trustee, or of the
personal representatives or representative of the last surviving or
continuing trustee, for any money or securities, paid or transferred
to the trustees, trustee, representatives, or representative, as the
case may be, effectually discharges the payer or transferor
therefrom, and from being bound to see to the application or being
answerable for any loss or misapplication thereof, and, in case of
a mortgagee or other person advancing money, from being concerned to
see that any money advanced by him is wanted for any purpose of
this Act, or that no more than is wanted is raised.

SETTLED LAND ACT 1882 - SECT 41
Protection of each trustee individually.

41. Each person who is for the time being trustee of a settlement
is answerable for what he actually receives only, notwithstanding his
signing any receipt for conformity, and in respect of his own acts,
receipts, and defaults only, and is not answerable in respect of
those of any other trustee, or of any banker, broker, or other
person, or for the insufficiency or deficiency of any securities, or
for any loss not happening through his own wilful default.

SETTLED LAND ACT 1882 - SECT 42
Protection of trustees generally.

42. The trustees of a settlement, or any of them, are not liable
for giving any consent, or for not making, bringing, taking, or
doing any such application, action, proceeding, or thing, as they
might make, bring, take, or do; and in case of purchase of land
with capital money arising under this Act, or of an exchange,
partition, or lease, are not liable for adopting any contract made
by the tenant for life, or bound to inquire as to the propriety
of the purchase, exchange, partition, or lease, or answerable as
regards any price, consideration, or fine, and are not liable to
see to or answerable for the investigation of the title, or
answerable for a conveyance of land, if the conveyance purports to
convey the land in the proper mode, or liable in respect of
purchase-money paid by them by direction of the tenant for life to
any person joining in the conveyance as a conveying party, or as
giving a receipt for the purchase-money, or in any other character,
or in respect of any other money paid by them by direction of the
tenant for life on the purchase, exchange, partition, or lease.

SETTLED LAND ACT 1882 - SECT 43
Trustees reimbursement.

43. The trustees of a settlement may reimburse themselves or pay
and discharge out of the trust property all expenses properly
incurred by them.

SETTLED LAND ACT 1882 - SECT 44
Reference of differences to Court.

44. If at any time a difference arises between a tenant for life
and the trustees of the settlement respecting the exercise of any
of the powers of this Act, or respecting any matter relating
thereto, the Court may, on the application of either party, give
such directions respecting the matter in difference, and respecting
the costs of the application, as the Court thinks fit.

SETTLED LAND ACT 1882 - SECT 45
Notice to trustees.

45.(1) A tenant for life, when intending to make a sale, exchange,
partition, lease, mortgage, or charge, shall give notice of his
intention in that behalf to each of the trustees of the settlement,
by posting registered letters, containing the notice, addressed to
the trustees, severally, each at his usual or last known place of
abode in the United Kingdom, and shall give like notice to the
solicitor for the trustees, if any such solicitor is known to the
tenant for life, by posting a registered letter, containing the
notice, addressed to the solicitor at his place of business in the
United Kingdom, every letter under this section being posted not
less than one month before the making by the tenant for life of
the sale, exchange, partition, lease, mortgage, or charge, or of a
contract for the same.

(2) Provided that at the date of notice given the number of
trustees shall not be less than two, unless a contrary intention is
expressed in the settlement.

(3) A person dealing in good faith with the tenant for life is
not concerned to inquire respecting the giving of any such notice
as is required by this section.

Regulations respecting payments into Court, applications, &c.

SETTLED LAND ACT 1882 - SECT 46

46.(2) Payment of money into Court effectually exonerates therefrom
the person making the payment.

(3) Every application to the Court shall be by petition, or by
summons at Chambers.

(4) On an application by the trustees of a settlement notice shall
be served in the first instance on the tenant for life.

(5) On any application notice shall be served on such persons, if
any, as the Court thinks fit.

(6) The Court shall have full power and discretion to make such
order as it thinks fit respecting the costs, charges, or expenses
of all or any of the parties to any application, and may, if it
thinks fit, order that all or any of those costs, charges, or
expenses be paid out of property subject to the settlement.

Subs.(9) rep. by SLR 1898

(10) The powers of the Court may, as regards land not exceeding in
capital value five hundred pounds, or in annual rateable value
thirty pounds, and, as regards capital money arising under this Act,
and securities in which the same is invested, not exceeding in
amount or value five hundred pounds, and as regards personal
chattels settled or to be settled, as in this Act mentioned, not
exceeding in value five hundred pounds, be exercised by any County
Court within the district whereof is situate any part of the land
which is to be dealt with in the Court, or from which the capital
money to be dealt with in the Court arises under this Act, or in
connexion with which the personal chattels to be dealt with in the
Court are settled.

SETTLED LAND ACT 1882 - SECT 47
Payment of costs out of settled property.

47. Where the Court directs that any costs, charges, or expenses be
paid out of property subject to a settlement, the same shall,
subject and according to the directions of the Court, be raised and
paid out of capital money arising under this Act, or other money
liable to be laid out in the purchase of land to be made subject
to the settlement, or out of investments representing such money, or
out of income of any such money or investments, or out of any
accumulation of income of land, money, or investments, or by means
of a sale of part of the settled land in respect whereof the
costs, charges, or expenses are incurred, or of other settled land
comprised in the same settlement and subject to the same
limitations, or by means of a mortgage of the settled land or any
part thereof, to be made by such person as the Court directs, and
either by conveyance of the fee simple or other estate or interest
the subject of the settlement, or by creation of a term, or
otherwise, or by means of a charge on the settled land or any
part thereof, or partly in one of those modes and partly in
another or others, or in any such other mode as the Court thinks
fit.

SETTLED LAND ACT 1882 - SECT 48
Powers of Commissioners of Public Works in Ireland.

48.Subs.(1)(5) rep. by 1889 c.30 s.13 sch.2

(6) The Commissioners of Public Works in Ireland shall, by virtue
of this Act, have, for the purposes of any Act, public, local,
personal, or private, passed or to be passed, making provision for
the execution of improvements on settled land, all such powers and
authorities as they have for the purposes of the Improvement of
Land Act, 1864; and the provisions of the last-mentioned Act
relating to their proceedings and inquiries, and to authentication of
instruments, and to declarations, statements, notices, applications,
forms, security for expenses, inspections, and examinations, shall
extend and apply, as far as the nature and circumstances of the
case admit, to acts and proceedings done or taken by or in
relation to the Commissioners of Public Works in Ireland under any
Act making provision as last aforesaid; and the provisions of any
Act relating to fees or to security for costs to be taken in
respect of the business transacted under the Acts administered by
the three several bodies of commissioners aforesaid shall extend and
apply to the business transacted by or under the direction of the
Commissioners of Public Works in Ireland under any Act, public,
local, personal, or private, passed or to be passed, by which any
power or duty is conferred or imposed on them.

SETTLED LAND ACT 1882 - SECT 49
Filing of certificates, &c. of Commissioners.

49.(1) Every certificate and report approved and made by the
Commissioners of Public Works in Ireland under this Act shall be
filed in their office.

(2) An office copy of any certificate or report so filed shall be
delivered out of their office to any person requiring the same, on
payment of the proper fee, and shall be sufficient evidence of the
certificate or report whereof it purports to be a copy.

Powers not assignable; contract not to exercise powers void.

SETTLED LAND ACT 1882 - SECT 50

50.(1) The powers under this Act of a tenant for life are not
capable of assignment or release, and do not pass to a person as
being, by operation of law or otherwise, an assignee of a tenant
for life, and remain exerciseable by the tenant for life after and
notwithstanding any assignment, by operation of law or otherwise, of
his estate or interest under the settlement.

(2) A contract by a tenant for life not to exercise any of his
powers under this Act is void.

(3) But this section shall operate without prejudice to the rights
of any person being an assignee for value of the estate or
interest of the tenant for life; and in that case the assignee's
rights shall not be affected without his consent, except that,
unless the assignee is actually in possession of the settled land
or part thereof, his consent shall not be requisite for the making
of leases thereof by the tenant for life, provided the leases are
made at the best rent that can reasonably be obtained, without
fine, and in other respects are in conformity with this Act.

(4) This section extends to assignments made or coming into
operation before or after and to acts done before or after the
commencment of this Act; and in this section assignment includes
assignment by way of mortgage, and any partial or qualified
assignment, and any charge or incumbrance; and assignee has a
meaning corresponding with that of assignment.

SETTLED LAND ACT 1882 - SECT 51
Prohibition or limitation against exercise of powers void

51.(1) If in a settlement, will, assurance, or other instrument
executed or made before or after, or partly before and partly
after, the commencment of this Act a provision is inserted
purporting or attempting, by way of direction, declaration, or
otherwise, to forbid a tenant for life to exercise any power under
this Act, or attempting, or tending, or intended, by a limitation,
gift, or disposition over of settled land, or by a limitation,
gift, or disposition of other real or any personal property, or by
the imposition of any condition, or by forfeiture, or in any other
manner whatever, to prohibit or prevent him from exercising, or to
induce him to abstain from exercising, or to put him into a
position inconsistent with his exercising, any power under this Act,
that provision, as far as it purports, or attempts, or tends, or
is intended to have, or would or might have, the operation
aforesaid, shall be deemed to be void.

(2) For the purposes of this section an estate or interest limited
to continue so long only as a person abstains from exercising any
power shall be and take effect as an estate or interest to
continue for the period for which it would continue if that person
were to abstain from exercising the power, discharged from liability
to determination or cesser by or on his exercising the same.

SETTLED LAND ACT 1882 - SECT 52
Provision against forfeiture.

52. Notwithstanding anything in a settlement, the exercise by the
tenant for life of any power under this Act shall not occasion a
forfeiture.

SETTLED LAND ACT 1882 - SECT 53
Tenant for life trustee for all parties interested.

53. A tenant for life shall, in exercising any power under this
Act, have regard to the interests of all parties entitled under the
settlement, and shall, in relation to the exercise thereof by him,
be deemed to be in the position and to have the duties and
liabilities of a trustee for those parties.

SETTLED LAND ACT 1882 - SECT 54
General protection of purchasers, &c.

54. On a sale, exchange, partition, lease, mortgage, or charge, a
purchaser, lessee, mortgagee, or other person dealing in good faith
with a tenant for life shall, as against all parties entitled under
the settlement, be conclusively taken to have given the best price,
consideration, or rent, as the case may require, that could
reasonably be obtained by the tenant for life, and to have complied
with all the requisitions of this Act.

SETTLED LAND ACT 1882 - SECT 55
Exercise of powers; limitation of provisions, &c.

55.(1) Powers and authorities conferred by this Act on a tenant for
life or trustees or the Court or the Commissioners of Public Works
in Ireland are exerciseable from time to time.

(2) Where a power of sale, enfranchisement, exchange, partition,
leasing, mortgaging, charging, or other power is exercised by a
tenant for life, or by the trustees of a settlement, he and they
may respectively execute, make, and do all deeds, instruments, and
things necessary or proper in that behalf.

(3) Where any provision in this Act refers to sale, purchase,
exchange, partition, leasing, or other dealing, or to any power,
consent, payment, receipt, deed, assurance, contract, expenses, act,
or transaction, the same shall be construed to extend only (unless
it is otherwise expressed) to sales, purchases, exchanges, partitions,
leasings, dealings, powers, consents, payments, receipts, deeds,
assurances, contracts, expenses, acts, and transactions under this
Act.

SETTLED LAND ACT 1882 - SECT 56
Saving for other powers.

56.(1) Nothing in this Act shall take away, abridge, or
prejudicially affect any power for the time being subsisting under a
settlement, or by statute or otherwise, exerciseable by a tenant for
life, or by trustees with his consent, or on his request, or by
his direction, or otherwise; and the powers given by this Act are
cumulative.

(2) But, in case of conflict between the provisions of a settlement
and the provisions of this Act, relative to any matter in respect
whereof the tenant for life exercises or contracts or intends to
exercise any power under this Act, the provisions of this Act shall
prevail; and, accordingly, notwithstanding anything in the settlement,
the consent of the tenant for life shall, by virtue of this Act,
be necessary to the exercise by the trustees of the settlement or
other person of any power conferred by the settlement exerciseable
for any purpose provided for in this Act.

(3) If a question arises, or a doubt is entertained, respecting any
matter within this section, the Court may, on the application of
the trustees of the settlement, or of the tenant for life, or of
any other person interested, give its decision, opinion, advice, or
direction thereon.

SETTLED LAND ACT 1882 - SECT 57
Additional or larger powers by settlement.

57.(1) Nothing in this Act shall preclude a settlor from conferring
on the tenant for life, or the trustees of the settlement, any
powers additional to or larger than those conferred by this Act.

(2) Any additional or larger powers so conferred shall, as far as
may be, notwithstanding anything in this Act, operate and be
exerciseable in the like manner, and with all the like incidents,
effects, and consequences, as if they were conferred by this Act,
unless a contrary intention is expressed in the settlement.

Enumeration of other limited owners, to have powers of tenant for
life.

SETTLED LAND ACT 1882 - SECT 58

58.(1) Each person as follows shall, when the estate or interest of
each of them is in possession, have the powers of a tenant for
life under this Act, as if each of them were a tenant for life
as defined in this Act (namely):

(i)A tenant in tail, including a tenant in tail who is by Act of
Parliament restrained from barring or defeating his estate tail, and
although the reversion is in the Crown, and so that the exercise
by him of his powers under this Act shall bind the Crown, but not
including such a tenant in tail where the land in respect whereof
he is so restrained was purchased with money provided by Parliament
in consideration of public services:

(ii)A tenant in fee simple, with an executory limitation, gift, or
disposition over, on failure of his issue, or in any other event:

(iii)A person entitled to a base fee, although the reversion is in
the Crown, and so that the exercise by him of his powers under
this Act shall bind the Crown:

(iv)A tenant for years determinable on life, not holding merely
under a lease at a rent:

(v)A tenant for the life of another, not holding merely under a
lease at a rent:

(vi)A tenant for his own or any other life, or for years
determinable on life, whose estate is liable to cease in any event
during that life, whether by expiration of the estate, or by
conditional limitation, or otherwise, or to be defeated by an
executory limitation, gift, or disposition over, or is subject to a
trust for accumulation of income for payment of debts or other
purpose:

<(vii)A tenant in tail after possibility of issue extinct:

Para.(viii) rep. by 1955 c.24 (NI) s.46 sch.3

(ix)A person entitled to the income of land under a trust or
direction for payment thereof to him during his own or any other
life, whether subject to expenses of management or not, or until
sale of the land, or until forfeiture of his interest therein on
bankruptcy or other event.

(2) In every such case, the provisions of this Act referring to a
tenant for life, either as conferring powers on him or otherwise,
and to a settlement, and to settled land, shall extend to each of
the persons aforesaid, and to the instrument under which his estate
or interest arises, and to the land therein comprised.

(3) In any such case any reference in this Act to death as
regards a tenant for life shall, where necessary, be deemed to
refer to the determination by death or otherwise of such estate or
interest as last aforesaid.

Infant absolutely entitled to be as tenant for life.

SETTLED LAND ACT 1882 - SECT 59

59. Where a person, who is in his own right seised of or entitled
in possession to land, is an infant, then for purposes of this Act
the land is settled land, and the infant shall be deemed tenant
for life thereof.

SETTLED LAND ACT 1882 - SECT 60
Tenant for life, infant.

60. Where a tenant for life, or a person having the powers of a
tenant for life under this Act, is an infant, or an infant would,
if he were of full age, be a tenant for life, or have the powers
of a tenant for life under this Act, the powers of a tenant for
life under this Act may be exercised on his behalf by the trustees
of the settlement, and if there are none, then by such person and
in such manner as the Court, on the application of a testamentary
or other guardian or next friend of the infant, either generally or
in a particular instance, orders.

S.61 rep. by 1952 c.19 (NI) s.1(4) sch.2; SLR 1976

SETTLED LAND ACT 1882 - SECT 62
Tenant for life, lunatic.

62. Where a tenant for life, or a person having the powers of a
tenant for life under this Act, is a lunatic, so found by
inquisition, the committee of his estate may, in his name and on
his behalf, under an order of the [Lord Chief Justice of Northern
Ireland], or other person intrusted by virtue of the Queen's Sign
Manual with the care and commitment of the custody of the persons
and estates of lunatics, exercise the powers of a tenant for life
under this Act; and the order may be made on the petition of any
person interested in the settled land, or of the committee of the
estate.

Provision for case of trust to sell.

SETTLED LAND ACT 1882 - SECT 63

63.(1) Any land, or any estate or interest in land, which under or
by virtue of any deed, will, or agreement, covenant to surrender,
copy of court roll, Act of Parliament, or other instrument or any
number of instruments, whether made or passed before or after, or
partly before and partly after, the commencement of this Act, is
subject to a trust or direction for sale of that land, estate, or
interest, and for the application or disposal of the money to arise
from the sale, or the income of that money, or the income of the
land until sale, or any part of that money or income, for the
benefit of any person for his life, or any other limited period,
or for the benefit of two or more persons concurrently for any
limited period, and whether absolutely, or subject to a trust for
accumulation of income for payment of debts or other purposes, or
to any other restriction, shall be deemed to be settled land, and
the instrument or instruments under which the trust arises shall be
deemed to be a settlement; and the person for the time being
beneficially entitled to the income of the land, estate, or interest
aforesaid until sale, whether absolutely or subject as aforesaid,
shall be deemed to be tenant for life thereof; or if two or more
persons are so entitled concurrently, then those persons shall be
deemed to constitute together the tenant for life thereof; and the
persons, if any, who are for the time being under the settlement
trustees for sale of the settled land, or having power of consent
to, or approval of, or control over the sale, or if under the
settlement there are no such trustees, then the persons, if any,
for the time being, who are by the settlement declared to be
trustees thereof for purposes of this Act, are for purposes of this
Act trustees of the settlement.

(2) In every such case the provisions of this Act referring to a
tenant for life, and to a settlement, and to settled land, shall
extend to the person or persons aforesaid, and to the instrument or
instruments under which his or their estate or interest arises, and
to the land therein comprised, subject and except as in this
section provided (that is to say):

(i)Any reference in this Act to the predecessors or successors in
title of the tenant for life, or to the remaindermen, or
reversioners or other persons interested in the settled land, shall
be deemed to refer to the persons interested in succession or
otherwise in the money to arise from sale of the land, or the
income of that money, or the income of the land, until sale (as
the case may require).

(ii)Capital money arising under this Act from the settled land shall
not be applied in the purchase of land unless such application is
authorized by the settlement in the case of capital money arising
thereunder from sales or other dispositions of the settled land, but
may, in addition to any other mode of application authorized by
this Act, be applied in any mode in which capital money arising
under the settlement from any such sale or other disposition is
applicable thereunder, subject to any consent required or direction
given by the settlement with respect to the application of trust
money of the settlement.

(iii)Capital money arising under this Act from the settled land and
the securities in which the same is invested, shall not for any
purpose of disposition, transmission, or devolution, be considered as
land unless the same would, if arising under the settlement from a
sale or disposition of the settled land, have been so considered,
and the same shall be held in trust for and shall go to the same
persons successively in the same manner, and for and on the same
estates, interests, and trusts as the same would have gone and been
held if arising under the settlement from a sale or disposition of
the settled land, and the income of such capital money and
securities shall be paid or applied accordingly.

(iv)Land of whatever tenure acquired under this Act by purchase, or
in exchange, or on partition, shall be conveyed to and vested in
the trustees of the settlement, on the trusts, and subject to the
powers and provisions which, under the settlement or by reason of
the exercise of any power of appointment or charging therein
contained, are subsisting with respect to the settled land, or would
be so subsisting if the same had not been sold, or as near
thereto as circumstances permit, but so as not to increase or
multiply charges or powers of charging.

S.64 rep. by SLR 1898

Modifications respecting Ireland.

SETTLED LAND ACT 1882 - SECT 65

65.(1) In the application of this Act to Ireland the foregoing
provisions shall be modified as in this section provided.

(2) The Court shall be Her Majesty's High Court in Ireland.

Subs.(3)(4) rep. by 1978 c.23 s.122(2) sch.7; subs.(5) rep. by 1962
c.30 s.7 sch.1 Pt.I; subs.(6)(8) rep. by 1958 c.5 (NI) s.5 sch.2

(9) The Commissioners of Public Works in Ireland shall be
substituted for the Land Commissioners.

(10) The term for which a lease other than a building or mining
lease may be granted shall be not exceeding thirty-five years.

Schedule rep. by SLR 1898






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