Elizabeth H. Massy, Grantee; Alice E. Webb, Grantor

Judgment Date26 January 1899
Date26 January 1899
CourtLand Commission (Ireland)



Land Com.

Landlord and tenant —— Character of holding — Residential holding — Conversion of agricultural into residential holding.

Gloster v. RyanIR [1899] 2 I. R. 174.

Moonan v. ConynghamIR [1895] 2 I. R. 1.

VoL. II.] QUEEN'S BENCH DIVISION. 615 ELIZABETH H. MASSY, GRANTEE; ALICE E. WEBB, Land Corn. GRANTOR (1). 1899. Jan. 26. Landlord and tenant—Land Law (Ireland) Acts, 1881-1896—Character of holding—Residential holding—Conversion of agricultural into residential holding. Under a fee-farm grant, dated in 1858, an owner of landed property took agricultural land, situate in the centre of a hunting and fishing district, for the purpose of building a residence, which he subsequently did. The grant contained no reference to this purpose:— Held, that the character and user of the holding had been mainly residenÂtial, and that the agricultural holding had been converted into a residential holding. APPEAL from an order of the Sub-Commission dismissing the originating notice. The facts appear fully in the judgment. G. Lawrence, for the grantee. P. D. _Fleming, for the grantor. MEREDITH, J. :— The application to fix a fair rent in this case was dismissed by the Sub-Commission, presided over by Mr. Crean, on the ground as stated in the order, that the " holding is neither agricultural nor pastoral in its character within the meaning of the Land Law Acts." This was the form of order used prior to the Land Act of 1896 in the case of residential holdings, and Mr. Crean's deciÂsion was that the holding before the Court came within that category. The legal aspect of the case is not free from difficulty, although the facts relating to the origin and history of the holding are comparatively clear and simple. It appears that in the year (1) Before IVIEREDren, J.; and the HoN. G. Fin GERALD, Q.C., Commissioner. 616 THE IRISH REPORTS. [1899. Land Com. 1858 Mr. William Rogers Johnston, a gentleman of fairly indeÂ1899. pendent means, was residing at Spring Garden Cottage, Mallow. MASSY, For reasons, which he mentioned during the course of his exami Grantee ; WEBB) nation before us, he desired to change his residence ; but being a Grantor. sportsman, he was anxious to remain in the vicinity of Mallow in Meredith, J. the centre of the hunting and fishing district. In addition to other property he was the owner in fee-simple of landed property producing an income which he estimated at from £300...

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