First Previous (PART I. FINANCE.) Next (PART III. Vesting of Holdings on Re-sales.)

11 1931

LAND ACT, 1931

PART II.

VESTING OF HOLDINGS.

Publication of lists of vested holdings.

9. —(1) The Land Commission shall from time to time publish in the prescribed manner lists (in this Act referred to as lists of vested holdings) of tenanted land consisting of holdings in respect of which particulars have been furnished in pursuance of sub-section (1) of section 40 of the Land Act, 1923 , and shall in every such list declare in respect of the tenanted land comprised in such list the appointed day (which may be previous to, coincident with, or subsequent to the date of the publication of such list) for such land.

(2) Immediately upon the publication of a list of vested holdings, tenanted land comprised in such list shall (as the case may require) become or be deemed to have become vested in the Land Commission on the appointed day declared in such list for such land.

(3) Every tenant of a holding included in a list of vested holdings (whether such tenant is or is not named in such list) or, where the tenant of a holding is named in such list and is dead on the appointed day for such holding, the personal representative of such tenant shall be deemed to have entered on the appointed day into a subsequent purchase agreement for the purchase of such holding from the Land Commission at the standard price and sub-sections (2), (3), and (5) of section 28 of the Land Act, 1923 , shall apply in respect of such holding in like manner as they apply in respect of the holdings mentioned in those sub-sections save that such application shall not be prevented or limited by sub-section (6) of the said section 28 .

(4) All sums which by virtue of sub-sections (2), (3), and (5) of section 28 of the Land Act, 1923 , as applied by this section become payable in respect of a holding included in a list of vested holdings shall be charged on such holding in priority to all existing interests and incumbrances affecting such holding whether created before or after the appointed day.

(5) Sub-sections (2), (3), and (4) of section 40 of the Land Act, 1923 , and sub-section (1) of section 17 of the Land Act, 1927 , shall not apply to a holding included in a list of vested holdings.

(6) Sub-section (7) of section 17 of the Land Act, 1927 , shall apply in respect of a holding or part of a holding included in a list of vested holdings in respect of which the Commissioners of Public Works in Ireland certify to the Land Commission in accordance with that sub-section either before or after the appointed day but before such holding is vested under this Act in a tenant.

(7) Sub-section (2) of section 73 of the Land Act, 1923 , shall apply in respect of holdings included in a list of vested holdings with the modification that the declaration by the Land Commission mentioned in paragraph (a) of the proviso to the said sub-section may be made either before or after the appointed day.

Amendment of lists of vested holdings.

10. —(1) A list of vested holdings may be amended by the Land Commission with the consent of all the parties concerned or, subject to the provisions of this section, without such consent.

(2) Where the Land Commission propose to amend a list of vested holdings otherwise than on consent of the parties, the Land Commission shall serve in the prescribed manner on all the parties concerned notice of the proposal to make such amendment and shall afford to all such parties an opportunity to object to such proposed amendment.

(3) Every objection duly made to a proposed amendment of a list of vested holdings shall be considered and decided by the Land Commissioners other than the Judicial Commissioner and there shall be a right of appeal to the Judicial Commissioner from the decision of the other Land Commissioners on any such objection and the decision of the Judicial Commissioner on such appeal shall be final, save that an appeal shall lie on questions of law only from such decision of the Judicial Commissioner to the Supreme Court.

Retention of holdings in a list of vested holdings.

11. —(1) Where a holding included in a list of vested holdings would be a retained holding within the meaning of sub-section (6) of section 28 of the Land Act, 1923 , if that sub-section applied to it, such holding may, notwithstanding anything contained in this Act, be retained by the Land Commission.

(2) Sections 29 , 33 , and 34 of the Land Act, 1923 , shall apply to holdings retained by the Land Commission under this section as fully as they apply to the retained holdings mentioned in those sections and accordingly the Land Commission shall have in respect of holdings retained by them under this section, all the powers conferred on them by the said sections.

Vesting orders in respect of vested holdings.

12. —(1) Where the Land Commission has published a list of vested holdings, the Land Commission shall from time to time, after making such inquiry as they may consider necessary as to the accuracy of the particulars stated in such list of the holdings included therein and as to the existence of rights or easements affecting such holdings, publish in the prescribed manner a vesting order vesting in accordance with this section one or more of such holdings in the purchaser or purchasers thereof.

(2) Every vesting order made under this section shall specify separately every holding thereby vested and shall state in respect of every such holding such matters as are required by this section to be so stated and such other particulars as may be necessary for the purposes of the registration of such holding under the Local Registration of Title (Ireland) Act, 1891.

(3) Every vesting order made under this section shall be expressed and shall operate to vest every holding specified therein in fee simple in the person named in such order as the person appearing to the Land Commission to be in occupation of such holding as tenant thereof or nominated by the Land Commission under section 67 of the Land Act, 1923 , to represent the tenant of such holding and shall also be expressed and shall operate so to vest such holding in such person subject to the following annuities, sums, and payments, that is to say:—

(a) the standard purchase annuity for such holding; and

(b) the additional annuity (if any) in respect of compounded arrears of rent added to the purchase-money; and

(c) an additional sum (if any) equivalent to a proportion of the said annuities in respect of the period between the gale day on which the first instalment of the said annuities shall become payable and the next day on which dividends on land bonds are payable; and

(d) any sum which may be due to the Land Commission by the tenant in respect of the annual sum equivalent to the standard purchase annuity of the holding stated in the list of vested holdings including the proportion of such annual sum for the period between the gale day on which the first instalment of such annual sum became payable and the day on which dividends on land bonds are payable next after the appointed day; and

(e) to any sum which may be due to the Land Commission by the tenant in respect of payment in lieu of rent or in respect of repayments required by this Act to be made by such tenant to the Land Commission.

(4) The Land Commission shall, in respect of every vesting order made under this section, afford to all parties concerned an opportunity for making objections to such order and the Land Commissioners other than the Judicial Commissioner shall consider and decide every such objection duly made, and there shall be a right of appeal to the Judicial Commissioner from every decision of the other Commissioners on any such objection and the decision of the Judicial Commissioner on any such appeal shall be final, save that an appeal shall lie on questions of law only from such decision of the Judicial Commissioner to the Supreme Court.

Dismissal of purchase proceedings in respect of certain vested holdings.

13. —(1) Whenever it appears to the Land Commission that a holding included in a list of vested holdings is not a holding to which sub-section (1) of section 24 of the Land Act, 1923 , as amended and extended by the Land Act, 1927 , applies, the Land Commissioners other than the Judicial Commissioner shall, after serving notice in the prescribed manner on all parties concerned, make such order in the matter as the justice of the case shall require.

(2) There shall be a right of appeal to the Judicial Commissioner from every order made by the other Land Commissioners under the foregoing sub-section of this section and the decision of the Judicial Commissioner on any such appeal shall be final, save that an appeal shall lie on questions of law only from such decision of the Judicial Commissioner to the Supreme Court.

(3) When the purchase proceedings in relation to a holding are dismissed by an order made by the Land Commission under this section, the following provisions shall have effect, that is to say:—

(a) the Land Commission shall pay into the land bond fund such sum as shall be required to redeem the land bonds issued for the purchase of such holding (including the contribution of the State to the standard price); and

(b) all parties shall be restored in all respects to their mutual rights and liabilities in relation to such holding as such rights and liabilities existed immediately before the passing of the Land Act, 1923 ; and

(c) the tenant shall be bound to pay to the Land Commission all arrears of payment in lieu of rent or of the annual sum equivalent to the standard purchase annuity and such arrears shall be deemed to be a charge on such holding in priority to all existing interests and incumbrances affecting the tenancy therein; and

(d) the tenant shall be entitled to credit for all moneys paid by him in respect of such holding on account of payment in lieu of rent or annual sum equivalent to the standard purchase annuity as against rent or other payment due by him to his landlord in respect of such holding; and

(e) all moneys paid by the Land Commission under this sub-section shall be recoverable by them in the manner provided by this Act; and

(f) the Land Commission shall have for the recovery of moneys payable under this sub-section to them by the tenant the same remedies as they have for the recovery of unpaid instalments of purchase annuities.

Holdings alleged to be wrongly omitted from a list of vested holdings.

14. —(1) A tenant who claims to be entitled to the benefits of section 24 of the Land Act, 1923 , as amended and extended by the Land Act, 1927 , and alleges that his holding has not been included in the particulars furnished by his landlord under sub-section (1) of section 40 of the Land Act, 1923 , to the Land Commission and is not included in any published list of vested holdings, may apply in the prescribed manner to the Land Commission for an order requiring the said landlord to furnish to the Land Commission in accordance with the said sub-section (1) particulars of such holding.

(2) Every application under this section shall be heard and decided by the Land Commissioners other than the Judicial Commissioner and there shall be a right of appeal to the Judicial Commissioner from the decision of the other Land Commissioners on any such application and the decision of the Judicial Commissioner on such appeal shall be final, save that an appeal shall lie on questions of law only from such decision of the Judicial Commissioner to the Supreme Court.

Subtenancies on vested holdings.

15. —(1) Where the whole or part of a holding which is included in a list of vested holdings is at the date of the publication of such list sublet otherwise than for the purpose of temporary depasturage, agistment, or conacre, or for temporary convenience, or to meet a temporary necessity, the following provisions shall have effect, that is to say:—

(a) the Land Commission shall (save as is hereinafter otherwise authorised) declare that the subtenants on such holding are to be deemed to be the tenants of the respective portions of such holding in their several and separate occupations and that the said respective portions (hereinafter referred to as separate holdings) of such holding are to be deemed to be separate holdings;

(b) each of the said subtenants shall be deemed to have entered on the date of the said declaration into a subsequent purchase agreement for the purchase of the said separate holding in his separate occupation;

(c) the standard purchase annuities for the said separate holdings shall be ascertained in the like manner as standard purchase annuities for tenancies are ascertained under the Land Act, 1923 , as amended by the Land Act, 1929 ;

(d) save where the portion of such holding which is so sublet is held by the subtenant thereof under a judicial tenancy and is substantially agricultural or pastoral or partly agricultural and partly pastoral, the Land Commission may, if in their opinion such portion is of such character that it ought not to be declared under this section to be a separate holding, treat the said holding (notwithstanding anything contained in this section) as if the said portion thereof were in the occupation of the tenant of the said holding and were not sublet;

(e) the subsequent purchase agreement which the tenant of such holding was, on the publication of the said list of vested holdings, deemed to have entered into shall be withdrawn as from the date of the said declaration under this section;

(f) the Land Commission shall redeem the interests (hereinafter referred to as intervening interests) intervening between the owner of the estate and the said subtenants;

(g) if portion only of the said holding is sublet as aforesaid the Land Commission shall declare that the tenant of such holding is to be deemed to be the tenant of so much only of such holding as is not so sublet, and thereupon such tenant shall be deemed to have entered on the date of the said declaration into a subsequent purchase agreement for the purchase of so much as aforesaid of such holding, and the standard purchase annuity for so much as aforesaid of such holding shall be such proportion as the Land Commission shall determine of the standard purchase annuity which would have been payable in respect of the whole of such holding if no part of it had been sublet.

(2) When the Land Commission make a declaration under this section deeming subtenants on a holding to be tenants of separate portions of such holding, then—

(a) if the total of the standard purchase annuities for such separate portions of such holding and the standard purchase annuity for the remainder (if any) of such holding exceeds the standard purchase annuity which would have been payable in respect of such holding if no part of it had been sublet, land bonds proportionate to the amount of such excess shall be lodged to the credit of the estate as representing the value of the intervening interests; and

(b) if the said total of standard purchase annuities is equal to or less than the said standard purchase annuity which would have been payable as aforesaid, the intervening interests shall be deemed to be of no value; and

(c) if the said total of standard purchase annuities is less than the said standard purchase annuity which would have been payable as aforesaid, the Land Commission shall pay into the land bond fund such sum as will be sufficient to redeem the land bonds issued in excess of the total advances to be made for the purchase of the said separate portions and the said remainder (if any) of such holding, including so much of the contribution by the State to the standard price as is proportionate to the amount of such excess; and

(d) where land bonds are redeemed under the foregoing paragraph of this sub-section and some or all of such land bonds represent compounded arrears of rent, the landlord of such holding shall be entitled to be paid by and to recover from the tenant of such holding the amount of the compounded arrears of rent represented by such land bonds.

(3) The Land Commission shall give to all parties concerned an opportunity of objecting to any declaration proposed to be made under this section and every objection duly made to any such proposed declaration shall be considered and decided by the Land Commissioners other than the Judicial Commissioner and there shall be a right of appeal to the Judicial Commissioner from every decision of the other Land Commissioners on any such objection and the decision of the Judicial Commissioner on any such appeal shall be final, save that an appeal shall lie on questions of law only from such decision of the Judicial Commissioner to the Supreme Court.

Validation of certain sub-divisions and sub-lettings.

16. —(1) Where at the passing of the Land Act, 1923 , a holding to which that Act applies was sub-divided or in part sublet in breach of a statutory condition or of a covenant or condition contained in the lease or agreement under which such holding was held, the Land Commission, if it so thinks proper having regard to all the circumstances of the case, may, on the application of any person in separate occupation of a portion of such holding by virtue of such sub-division or subletting, declare the portion or each of the several portions of such holding so separately occupied to be a separate holding, and the person in such separate occupation thereof to be the tenant thereof and, in the case of a subletting, declare the portion of such holding which is not so sublet to be a separate holding and the person in separate occupation thereof to be the tenant thereof.

(2) Where the Land Commission makes a declaration under this section such declaration shall have effect according to the terms thereof and the following provisions shall have effect, that is to say:—

(a) the sub-division or subletting (as the case may be) which is the subject of such declaration shall be and be deemed, as at and from the passing of the Land Act, 1923 , to have been lawful and valid;

(b) in the case of a declaration made in respect of a subdivision section 20 of the Land Act, 1923 , shall apply to every portion of a holding declared by such declaration to be a separate holding with the modification that the date of such declaration shall be substituted in that section for the date of the passing of that Act;

(c) in the case of a declaration made in respect of a subletting, section 23 of the Land Act, 1923 , shall apply as if sub-section (3) of that section were omitted therefrom and with the modification that the date of such declaration shall be substituted in sub-section (1) of that section for the date of the passing of that Act.

(3) The Land Commission shall not make a declaration under this section save either with the consent of all parties concerned or after notice of the application for such declaration has been served in the prescribed manner on all parties concerned and all such parties have been afforded an opportunity of objecting to the making of such declaration.

(4) Every application for a declaration under this section and every objection duly made to the making of such declaration shall be considered and decided by the Land Commissioners other than the Judicial Commissioner, and there shall be a right of appeal to the Judicial Commissioner from the decision of the other Land Commissioners on any such application or objection and the decision of the Judicial Commissioner on such appeal shall be final save that an appeal shall lie on questions of law only from the decision of the Judicial Commissioner to the Supreme Court.

Mutual rights of tenant and his subtenants.

17. —(1) Where a subtenant on a holding is deemed under this Act to be the tenant of the portion of such holding in his separate occupation and to have entered into a subsequent purchase agreement in respect of such portion of such holding, the tenant of such holding shall be entitled to receive and recover from such subtenant all rent (as reduced under section 23 of the Land Act, 1923 ) and arrears of rent (as so reduced) accrued due by such subtenant to such tenant up to and including the gale day next before the date on which such subtenant is so deemed to have entered into such subsequent purchase agreement and also an apportioned gale of such rent for the period between the said gale day and the said date.

(2) A tenant entitled to receive and recover rent under this section from a subtenant shall have for the recovery of all rent and arrears of rent which he is so entitled to receive the same remedies (other than ejectment for non-payment of rent) as he would have had if this Act had not been passed.

Provisions consequential on increase of purchase annuity.

18. —(1) Where the Land Commission, after the appointed day, make an order (not being an order consequential on a declaration that a subtenant is to be deemed to be the tenant of land in his separate occupation) increasing the standard purchase annuity for a holding and make an additional advance and issue additional land bonds for the purchase of such holding, the tenant of such holding shall pay to the Land Commission the following sums, that is to say:—

(a) a sum equal to interest at the rate of four and one-half per cent. per annum on the additional advance so made (other than so much of such advance as consists of the contribution of the State) for the period from the appointed day to the date of making such additional advance; and

(b) the sum to which sinking fund payments on the additional advance so made (other than so much of such advance as consists of the contribution of the State) would have amounted at the rate of four and one-half per cent. per annum compound interest if such additional advance had been made on the appointed day.

(2) Where the Land Commission make such order and make an additional advance and issue additional land bonds in such circumstances as are mentioned in the foregoing sub-section of this section, there shall be payable by the Land Commission to the person entitled to receive the same a sum equal to interest (less income tax) at the rate of four and one-half per cent. per annum on the whole amount of such additional advance for the period from the appointed day to the date of the issue of such additional land bonds.

(3) All sums payable under this section to the Land Commission by a tenant shall be a charge on the holding in respect of which they are payable in priority to all interests and incumbrances (other than the purchase annuity) whether created before or after the passing of this Act then affecting such holding and the Land Commission shall have for the recovery of such sums the same remedies as they have for the recovery of unpaid instalments of purchase annuities.

Provisions consequential on reduction of purchase annuity.

19. —(1) Where the Land Commission, after the appointed day, make an order (not being an order consequential on a declaration that a subtenant is to be deemed to be the tenant of land in his separate occupation) reducing the standard purchase annuity for a holding, they shall pay the following sums, that is to say:—

(a) into the land bond fund such sum as will be sufficient to redeem the land bonds issued in excess of the advance made for the purchase of such holding and the land bonds issued for so much of the contribution by the State to the standard price of such holding as is proportionate to such excess advance; and

(b) to the tenant of such holding or such other person as may be entitled to receive the same, all such sums as may have been overpaid by such tenant in respect of such excess advance for the period between the appointed day and the date of such order.

(2) All moneys paid by the Land Commission under this section shall be recoverable by the Land Commission in the manner provided by this Act.

Provisions consequential on certain orders of the Land Commission.

20. —Where, in consequence of an order made by the Land Commission under this Act in respect of a holding comprised in a list of vested holdings either reducing the standard purchase annuity for such holding or dismissing the purchase proceedings in respect of such holding or deeming a subtenant on such holding to be the tenant of land in his separate occupation, the Land Commission shall have paid into the land bond fund money for the redemption of land bonds, there shall be paid to the Land Commission by the vendor or such other person as shall have received the purchase-money or any part of the purchase-money of the estate and shall be found liable to make such payment the following sums, that is to say:—

(a) such sum as the Land Commission shall have so paid into the land bond fund; and

(b) a sum equal to interest at the rate of four and three-quarters per cent. per annum on so much of the land bonds so redeemed as were issued for the contribution of the State to the standard price of such holding for the period from the issue of such land bonds to the redemption thereof; and

(c) such sum as the Land Commission shall have repaid to the tenant of such holding in pursuance of this Act.

Guarantee deposits.

21. —(1) Where the purchase money of an estate is distributed before the vesting orders in respect of all the holdings comprised in such estate have been made, the Judicial Commissioner may, on the application of the Land Commission made on such distribution retain in land bonds out of such purchase-money such sum (in this Act referred to as the guarantee deposit) as the Judicial Commissioner shall think proper but not exceeding in any case one-tenth of such purchase-money.

(2) Every guarantee deposit shall be applicable for the purposes hereinafter mentioned and, subject to such application, shall be retained until an order is made under this section for the release thereof and upon such order being made such guarantee deposit or so much thereof as has not been so applied shall be paid out to the person found to be entitled thereto.

(3) The dividends on land bonds for the time being retained as a guarantee deposit shall be paid out as they accrue to the person found to be entitled thereto.

(4) The following moneys, if or so far as they are not otherwise paid, shall be payable to the Land Commission in money out of the appropriate guarantee deposit so far as that deposit will extend, that is to say:—

(a) moneys payable under this Act to the Land Commission in repayment of moneys paid into the land bond fund by the Land Commission to redeem land bonds; and

(b) moneys payable under this Act to the Land Commission in repayment of moneys paid by the Land Commission to a tenant by way of refund of excess payments by such tenant; and

(c) moneys payable under this Act to the Land Commission in repayment of moneys paid by the Land Commission for interest and sinking fund on so much of the land bonds redeemed as were issued for the contribution of the State to the standard price of a holding; and

(d) so much of moneys expended by the Land Commission on or to be retained by the Land Commission for the repair or maintenance of embankments or other works as the Judicial Commissioner shall under this Act order to be repayable to the Land Commission by a person to whom the purchase-money or any part thereof has been paid.

(5) The Judicial Commissioner, on being satisfied that all moneys for the payment of which a guarantee deposit may be resorted to under this section, have been duly paid out of such guarantee deposit or otherwise, may make an order releasing (as the case may require) such guarantee deposit or so much thereof as has not been applied in or towards making such payments.