The Irish Land Law and Land Purchase Acts, 1860 to 1891; Together with the Rules and Forms Issued Under Each ACT

The Irish Land Law and Land Purchase Acts, 1860 to 1891; Together with the Rules and Forms Issued Under Each ACT

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ... substantial part of it is shown to have been so let. the holding 360% 53-is altogether excluded from the Act. Thus, where a lease of eight acres had been Whereirtlon of made, with a clause of resumption, for building purposes, of a defined portion of about i: ."rl:: L: eI: lz-four acres, marked and coloured on a map, annexed to the lease, it was held by the wing pup Court of Appeal (following the decision of Leonard v. St. Leger Barr!/, MacD. 240, as regards demesne lauds), that as a substantial portion of the holding was let for temporary convenience, the entire holding was excluded from the Act: Bultcrly v_ Carroll, 26 L. R. Ir. 93. This decision was followed by the same Court in ll'lu'sL-er v. Delacherois (25 I. L. T. R. 34), where, although the holding contained 149 acres, a power in the lease to resume any portion of the Ian./Is "coloured green on the map hereunto annexed" (which consisted of about half the entire holding), was held to exclude the holding from the Act. (See remarks of FITZGIBBON, L.J., on this case, in Mooney v. Willcocl: s, 28 L. R. Ir., at p. 119.) Vhere, however, no definite portion of the holding is indicated by the covenant, these latter decisions do not apply. Thus, in Jlooney v. Wlllcoz-I.-s ('28 L. R. Ir. 113, 25 I. L. T. R. 31), a lease of 65 acres contained a clause enabling the landlord to resume any portion of the demised premises, not exceeding five acres, for building purposes; and it was held by the Court of Appeal that the lessee was entitled, notwithstanding this proviso, to have a fair rent fixed. Where, by agreements in writing, tenancies from year to year were created in consideration of certain sums of money being advanced by the tenants to the landlord, and it wns more

Product details

  • Paperback
  • 189 x 246 x 20mm | 680g
  • United States
  • English
  • black & white illustrations
  • 1236987438
  • 9781236987433