With the consent of the owner or owners of any lands charged with rentcharge under any instrument of apportionment, whether payable to one or more owners of rentcharge, and without regard to the mode in which the same rentcharge is apportioned by the said instrument, the Commissioners may by an altered apportionment reapportion and redistribute the same rentcharge over and amongst the said lands or any part thereof, and to the exclusion of any of such lands; but no rentcharge shall be charged upon any land to the exclusion of other land of the same owner, unless the land so charged with rentcharge is held for an estate in fee simple or fee tail in possession, or unless the same and the land so excluded are settled to the same uses.