Northern Ireland Land Act 1925

PART III General

23 Abolition of power to fix judicial rents

(1) After the passing of this Act a judicial rent shall not be fixed under the Land Law (Ireland) Acts in respect of any holding, but nothing in this provision shall prevent the filing after the passing of this Act of agreements fixing fair rents entered into before the sixteenth day of December, nineteen hundred and twenty-four, or the operation of such agreements, when filed, or the making of rules in relation to such agreements, or the fixing of a fair rent after the passing of this Act in pursuance of an application made before the said date.

(2) Where a holding has been excluded from vesting in the Commission under Part II. of this Act by reason that it possesses a substantial value or utility (whether potential or actual) as building ground, and the holding is subject to a first-term judicial rent, the court shall have the like power of authorising the resumption thereof as if the holding had been subject to a second-term judicial rent:

Provided that nothing in this provision affects any power of obtaining possession of any holding held at a non-judicial rent.

(3) The [54 & 55 Vict. c. 57.] Redemption of Rent (Ireland) Act, 1891, shall continue to have effect so as to enable proceedings to be taken for the redemption of the rent of any holding to which that Act applies, but no consent of the lessor or grantor shall be required in order to enable such rent to be redeemed, and accordingly section one of that Act shall have effect—

(a) as if the words " if the lessor or grantor, as' the " case may be, signifies his consent within the " prescribed time and in the prescribed manner, " including consent (where such consent is by law required) to such sum being retained as " guarantee deposit as the Land Commission " may think necessary then" were omitted therefrom;

(b) as if for the provisions of that section commencing " Such consent by the lessor or " grantor," to the end of the section, there were substituted the following provision :—

If the Commission certify that an application for redemption of rent is one to which this section applies, the application shall have the same effect as the lodgment of a new purchase agreement.

24 Repeal of s. 16 of Act of 1909

Section sixteen of the Act of 1909, which prohibits the making of advances in the case of tenancies created after the fifteenth day of September, nineteen hundred and nine, shall cease to have effect.

25 Acquisition of untenanted land

(1) The powers of the Commission to purchase untenanted land by agreement or compulsorily under section forty-three or Part IV. of the Act of 1909, shall be extended so as to authorise the purchase by them, subject to the conditions imposed by that Act, of any untenanted land the sale and redistribution of which, is in their opinion, desirable for the purpose of facilitating the resale of tenanted land vested in them by virtue of Part II. of this Act and the purchase by them of any untenanted bog required for the purpose of providing turbary for occupiers of land in the neighbourhood, whether such bog is or is not subject to rights, of turbary.

(2) Where for the purpose of enlarging or improving congested holdings the Commission propose to acquire compulsorily any untenanted land (whether under Part IV. of the Act of 1909 or this section) and the price has, under section sixty-three of the Act of 1909, been fixed by the Judge of the Supreme Court of Northern Ireland appointed to act as Judicial Commissioner, the Commission may, if they consider that the price so fixed is so high as to make the acquisition of the land for the purpose aforesaid inexpedient, on serving such notice within such time as may be prescribed, withdraw from the purchase, subject to the payment to the other parties to the proceedings before that judge of such compensation for any loss or expenses which they may have suffered or incurred in or in consequence of the proceedings as the judge may determine.

(3) The power of the Commission to purchase untenanted land compulsorily, whether under Part IV. of the Act of 1909 or this section, shall not extend to any untenanted land which is held by the occupier thereof in fee simple, or under a fee farm grant, or lease for lives or years renewable for ever, or lease for a term of years of which sixty or more are unexpired, and is used by him as an ordinary farm.

26 Regulations as to turbary

The powers of the Commission and of the Ministry of Finance for Northern Ireland to make regulations with respect to turbary on bogs on holdings shall be extended so as to include power to define the area on which the proprietor of the holding is to cut turf and to make regulations with respect to turbary on bog on any holding, whether the proprietor thereof had or had not an exclusive right of turbary before the sale, and with respect to turbary on any bog the property of the vendor, or of the Commission on which rights or privileges of turbary were exercised or enjoyed prior to the sale, and to make regulations conferring and defining rights of access to the bog over any land for the purposes of turbary.

27 Provision for the maintenance of watercourses, drains, and similar works

(1) Where it appears to the Commission that any watercourse, drain, embankment, road, or other work has, prior to the sale of a holding, been cleansed or maintained in whole or in part by the landlord or at his expense for the benefit of the holding, either alone or in conjunction with other lands, and whether under the terms of the contract of tenancy or otherwise, the Judicial Commissioner may direct that there shall be deducted from the purchase money, and transferred and applied in manner hereinafter provided, a sum, whether in money, stock or bonds, which, in his opinion, will yield an income equivalent to the average annual expenditure incurred by the landlord in such cleansing or maintenance during the period of ten years preceding the date of the passing of this Act, as estimated by the Judicial Commissioner.

(2) Every such sum shall be transferred to the Land Purchase Trustee for Northern Ireland, and may be invested or reinvested, and the income thereof shall be applied in or towards the cleansing or maintenance of the watercourse, drain, embankment, road, or other work in accordance with a scheme to be framed by the Commission after consultation with the Ministry of Finance for Northern Ireland, which scheme may, if thought fit, authorise the application of the principal sum or any part thereof, or the investments for the time being representing the same, in or towards the reconstruction or improvement of such work.

(3) Sums so transferred to the Land Purchase Trustee under this section, and any sums which, prior to the passing of this Act, have been set apart as a fund for similar purposes in Northern Ireland, and the investment, reinvestment, and application of the same, and the execution and alteration of any scheme relating thereto, shall be deemed to be excluded from the general subject-matter of the Acts relating to land purchase in Northern Ireland within the meaning of the Government of Ireland Act, 1920.

28 Appointment of person to represent tenant for purposes of sale

Where a purchase agreement has been entered into or is deemed to have been entered into by a tenant of a holding, and owing to the death or absence of the tenant or otherwise, a difficulty arises in ascertaining in whom the tenancy of the holding is vested, the Commission may nominate any person to represent the tenant for the purposes of the sale, and may vest the holding in him accordingly, but the interest so vested shall be deemed to be a graft upon the interest of the tenant, and shall be subject to any rights and equities arising from its being such graft.

29 Power to appoint solicitors, &c, to act in place of a person in default

(1) Where any person—

(a) fails to furnish any information, map, particular, or document which under this Act it is his duty to furnish, or, in the opinion of the Judicial Commissioner, fails to carry out such duty in a satisfactory manner ; or

(b) wilfully fails or refuses to make title or produce evidence of title; or

(c) fails to prosecute any proceedings with due diligence and effect;

it shall be lawful for the Judicial Commissioner to appoint a solicitor, land agent, engineer, surveyor, valuer or land clerk to act in the matter and to carry out the instructions of the Commission; and such solicitor, land agent, engineer, surveyor, valuer or land clerk shall have all such powers as he would have had had he been duly employed by such person as aforesaid.

(2) Such costs and remuneration as are approved by the Judicial Commissioner of any such solicitor, land agent, engineer, or surveyor so employed shall be payable out of the purchase money or bonus or interest thereon payable to such person as aforesaid, or may be paid by the Commission and in that case shall be recoverable by the Commission from that person, and, without prejudice to other methods of recovery, the Commission may deduct the amount thereof from any purchase money, bonus, or interest so payable.

30 Amendment of provisions as to sub-division, letting or mortgaging of purchased holdings

(1) Any attempted sub-division or letting of a holding, in contravention of section thirty of the [44 & 45 Vict. c. 49.] Land Law (Ireland) Act, 1881, or section fifty-four of the Act of 1903 shall be void.

(2) Subsection (3) of section fifty-four of the Act of 1903 (which imposes restrictions on mortgaging) shall cease to have effect as respects any holding.

(3) Where the Commission or the Ministry of Finance for Northern Ireland, in the exercise of their respective powers, authorise the sub-division of a holding which is subject to a purchase annuity and apportion the purchase annuity, then, any part of the holding upon which portion of the purchase annuity is charged shall, if the Commission or Ministry with the consent of the registered proprietor of the holding so direct, be deemed to be consolidated with any other holding of which he is the registered proprietor and which is subject to a purchase annuity, and that annuity and the said portion shall be payable in such manner and subject to such conditions as may be prescribed.

31 Provisions as to the ascertainment of title and distribution of purchase money

(1) Where the Commission for the purpose of the ascertainment of title to or distribution of purchase money require any searches to be made in the registry of deeds in Dublin, or in the registry of judgments in Dublin, the searches shall be made without charge to the persons entitled to the purchase money, and the costs thereof (if any) shall be borne as an expense of the Commission.

(2) The Commission shall not for the purpose of an investigation of title to or distribution of purchase money require proof of payment of any estate duty, legacy duty, succession duty, settlement estate duty, probate duty, account duty, or temporary estate duty, if the event which gave rise to an immediate claim to such duty happened more than twelve years before the date of the investigation, without prejudice, however, to the liability of any accountable person to the payment of duty.

32 Provisions as to registration of land purchased under Acts

(1) Where the registration of the ownership of land, the registration of which is compulsory under subsection (1) of section twenty-two of the [54 & 55 Vict. c. 66.] Local Registration of Title (Ireland) Act, 1891 (hereinafter called " the Act of 1891") has not been effected at the time of the passing of this Act, the Commission, or the Ministry of Finance for Northern Ireland, may furnish to the Registrar of Titles in Northern Ireland the prescribed particulars respecting that land, and the name of the person appearing to them to be in possession thereof, and the registering authority may thereupon register that person as the owner of that land with a possessory or qualified title : Provided that nothing in this subsection shall affect the operation of subsection (2) of section thirty-two of the Land Law (Ireland) Act, 1896, or the registration of the ownership of land in any case to which that subsection applies.

(2) The first registration of any person as full or limited owner with a possessory title shall have the same effect as the first registration of a person as full or limited owner under the Act of 1891, save that registration with a possessory title shall not affect or prejudice any estate, right, or interest adverse to, or in derogation of, or otherwise affecting the title of the first registered owner which is subsisting or capable of arising at the time of such first registration.

(3) The first registration of any person as full or limited owner with a qualified title shall have the same effect as the first registration of a person as full or limited owner under the Act of 1891, save that registration with a qualified title shall not affect or prejudice any estate, right, or interest appearing by the register to be excepted from the effect of registration.

(4) A person registered as owner with a possessory or qualified title as aforesaid may at any time in the prescribed manner apply for registration with an absolute title, and all such steps may be taken in regard to such application as may be taken in proceedings for the discharge of equities under the Act of 1891. If it is found on the examination of any such application that the applicant can be registered with a qualified title only registration may be so effected. The registration of an absolute title shall have the same effect as the registration of a person as full or limited owner under the Act of 1891.

(5) Rules under the Act of 1891 may be made for carrying into effect the object of this section, and the expression " prescribed " in this section means prescribed by such rules. Office fees shall not be payable for the first registration of any title under this section.

(6) In subsection (2) of section thirty-four of the Act of 1891 as originally enacted and as extended by subsection (3) of section thirty-two of the Land Law (Ireland) Act, 1896, the words " loss or damage" shall be substituted for the word " injury. "

(7) In section forty-nine of the Act of 1903 the words " or any purchaser from them " are hereby repealed.

33 Power to make rules

The power of the Commission, or of any commissioner or commissioners of the Commission, to make rules under any enactment which, as originally enacted, authorised rules to be made by the Irish Land Commission or by any commissioner or commissioners of that Commission for any purposes relating or incidental to land purchase, shall be extended so as to include a power to make rules for carrying this Act into effect and, as so extended, shall be exercised by the Judicial Commissioner, after consultation with, and subject to the approval of the Secretary of State, which consultation and approval shall be in lieu of any consultation and approval required under any such enactment.

34 Interpretation

In this Act unless the context otherwise requires:—

• References to any enactment shall be construed as references to that enactment as it is in force in Northern Ireland;

• References to the Judicial Commissioner shall be construed as references to the commissioner of the Commission by whom the powers and duties of the Judicial Commissioner under the Land Purchase Acts are, as respects Northern Ireland, to be exercised and performed pursuant to the Land Purchase (Northern Ireland) Order, 1923, or any Order amending the same.

35 Appointed day

For the purposes of this Act the appointed day shall be such day or days, not being more than four years after the passing of this Act; as may be fixed by the Commission and different days may be fixed for different provisions and different purposes of this Act, and for different areas, and for different holdings or groups of holdings:

Provided that the Secretary of State may, on proof to his satisfaction by the Commission that as respects particular areas it is necessary to fix as an appointed day or days, some day or days more than four years after the passing of this Act, authorise such later day or days to be fixed as respects those areas.

36 Short title and construction

(1) This Act may be cited as the Northern Ireland Land Act, 1925, and shall be construed as one with the Land Purchase Acts, and may be cited with those Acts.

(2) For the purposes of section six of the Government of Ireland Act, 1920, this Act shall, so far as it relates to matters within the powers of the Parliament of Northern Ireland, be deemed to be an Act passed before the appointed day within the meaning of that section.