Land Act, 1927

• Jurisdiction: Ireland
• Citation: IR No. 19/1927

Number 19 of 1927.
LAND ACT, 1927.
ARRANGEMENT OF SECTIONS
Section 1. Application of the provisions in the Land Act, 1923, and the Land Bond Act, 1925, for creating and issuing 4½ per cent. Land Bonds, to this Act. 2. Compounded Arrears of Rent. 3. Prohibition of sub-division, sub-letting and cutting of trees without the consent of the Land Commission prior to the appointed day. 4. Prohibition of sub-division or letting of holdings purchased prior to the passing of the Land Act, 1923. 5. Prohibition of sub-division and letting of consolidated holdings. 6. Provisions as to consolidated annuities. 7. Provisions for tenanted land which is suitable for building ground. 8. Disused mills. 9. Stud farms. 10. Provision for the application of the Land Act, 1923, to tenancies on purchased holdings. 11. Fee Farm Grants, renewable leases, and leases for long terms. 12. Payment in lieu of rent where particulars of a holding are furnished after the date of this Act. 13. Alteration of gale days in certain cases. 14. Restitution of possession in certain cases. 15. Provisions for drainage maintenance rate. 16. Amendment of section 26 of the Land Act, 1923. 17. Provisions as to vesting holdings in tenants and registration of ownership. 18. Provisions as to arrears of rates. 19. Order for possession of lands vested in the Land Commission. 20. Repair of embankments, etc. 21. Transfer of the maintenance of embankments to county councils. 22. Provisions with respect to improvements. 23. Notice to owners of land after inspection. 24. Power to Land Commission to discontinue proceedings. 25. Power to Land Commission to refuse advances in certain cases and fix Standard Purchase Annuity. 26. Grouping of parcels for resale. 27. Provision for loss on resales. 28. Provision for the recovery of arrears of purchase annuities and other payments due to the Land Commission from the occupier of lands. 29. Provisions making the proceeds of lettings available to satisfy claims of the Land Commission. 30. Judgments and decrees to be in force for six years. 31. Provisions as to execution of orders at the suit of the Land Commission. 32. Provisions as to the sale of holdings by the Land Commission by private contract. 33. Notice of intended sales. 34. Lands held by local authority on lease under the Labourers (Ireland) Acts, 1883 to 1919. 35. Exemption of lands, etc., from liability for debts. 36. Effect of compulsory sale of a tenant's interest in a holding. 37. Order for possession of holdings which are liable to be sold by the Land Commission. 38. Purchase of lands by county councils. 39. Labourers cottages. 40. Turbary rights. 41. Provisions as to fishing rights. 42. Power to the Land Commission to purchase and resell lands in certain cases. 43. Provisions for resale of lands vested under Part III. of the Land Act, 1923. 44. Recovery of debts due by or to societies or bodies of Trustees. 45. Repayment of the deposit. 46. Provisions for repayment of advances. 47. Land Act, 1923 (Part III.) Fund to be opened in the Land Commission books. 48. Provisions as to rent charges under the Shannon Electricity Act, 1925. 49. Amendment of section 58 of the Land Act, 1923. 50. Payments to personal representatives of agents. 51. Registration to be compulsory in certain cases. 52. Rules as to registration of lands with a qualified or possessory title. 53. Vesting of holdings of tenants of the Land Commission. 54. Amendment of section 65 (2) of the Land Act, 1923. 55. Advances in the case of exchange of holdings. 56. Redemption of purchase annuities in the case of purchases under section 36 of the Land Act, 1923. 57. Power to make rules. 58. Short title and construction.
Number 19 of 1927.
LAND ACT, 1927.
AN ACT TO AMEND THE LAW RELATING TO THE OCCUPATION AND OWNERSHIP OF LAND AND FOR OTHER PURPOSES RELATING THERETO. [21st May, 1927.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
	Application of the provisions in the Land Act, 1923 , and the Land Bond Act, 1925 , for creating and issuing 4½ per cent. Land Bonds, to this Act.	1.—The powers conferred on the Minister for Finance by the Land Act, 1923 , and the Land Bond Act, 1925 , to create and issue bonds for the purposes of the Land Act, 1923 , shall be extended so as to include power to create and issue bonds for any of the purposes of this Act and the provisions of the Land Act, 1923 , and the Land Bond Act, 1925 , shall apply to land bonds created and issued by the Minister for Finance for the purposes of this Act as if they were bonds created and issued for the purposes of the Land Act, 1923 .
	Compounded Arrears of Rent.	2.—(1) Notwithstanding the provisions of sub-sections (3) and (4) of section 19 of the Land Act, 1923 , the Land Commission, where they deem it expedient so to do, may fix the appointed day for a holding notwithstanding that compounded arrears of rent payable in respect thereof may not have been collected by them from the tenant, and in such case a sum equivalent to the amount of the compounded arrears of rent remaining unpaid on the appointed day shall be added to the purchase money of the holding and repaid by a purchase annuity calculated at the rate of 4¾ per cent. on the amount thereof charged on the holding and added to and consolidated with the standard purchase annuity of the holding. The provisions of the Land Act, 1923 , with respect to the additional annuity payable where one half-year's compounded arrears of rent is added to the purchase money pursuant to the proviso in sub-section (3) of section 19 thereof, shall apply to the annuity created under this section.
	(2) Any sum added to the purchase money of a holding in respect of compounded arrears of rent shall be paid out of the purchase money to the person who would have been entitled to receive such compounded arrears of rent for his own use provided that the income tax, if any, due in respect of the holding shall be deducted from such added sum on the distribution of the purchase money.
	Prohibition of sub-division, sub-letting and cutting of trees without the consent of the Land Commission prior to the appointed day.	3.—(1) The tenant of a holding to which the Land Act, 1923 , applies shall not without the consent in writing of the Land Commission sub-divide the holding or sub-let the same or any part thereof, but it shall not be necessary for such tenant to procure the consent of the landlord to any sub-division or sub-letting or to any assignment of the holding.
	(2) Where any holding is sub-divided with such consent as aforesaid, the rent, compounded arrears of rent, payment in lieu of rent and the standard purchase annuity shall be apportioned in such manner as the Land Commission deem expedient, and the several parts of the holding shall be deemed to be separate holdings to which the Land Act, 1923 , applies, and in the case of a judicial holding the several proportionate parts of the original judicial rent shall be deemed to be separate judicial rents.
	(3) The tenant of a holding to which the Land Act, 1923 , applies shall not without the consent in writing of the Land Commission as well as that of any other person entitled to or having an interest in the timber on the holding cut down or uproot or permit to be cut down or uprooted any tree upon the holding which he had not the right to cut down or uproot before the date of the passing of the said Act (other than a fruit tree or osier or any tree planted by himself) and which is necessary for the ornament or shelter of the holding, and if any such tree is cut down or uprooted in violation of this condition the tenant shall be guilty of an offence under this Act and shall be liable on summary conviction to a penalty not exceeding five pounds for each tree so cut down or uprooted.
	(4) The consent of the Land Commission to the sub-division or sub-letting of a holding shall not affect their powers to retain or resume the same or any part thereof on or after the appointed day.
	Prohibition of sub-division or letting of holdings purchased prior to the passing of the Land Act, 1923 .	4.—(1) Where the Land Commission have at any time prior to the passing of the Land Act, 1923 , made an advance under the Land Purchase Acts for the purchase of a holding or parcel, the proprietor thereof shall not, until the whole of the advance made for the purchase thereof has been repaid, sub-divide or let the holding or parcel without the consent of the Land Commission, and every attempted sub-division or letting in contravention of this provision shall be void as against all persons and on any such contravention the Land Commission may cause the holding or parcel to be sold.
	(2) Sub-sections (2) and (3) of section 30 of the Land Law (Ireland) Act, 1881 , as amended by any enactment shall apply to any sale by the Land Commission under this section.
	(3) Where the proprietor sub-divides his holding for a limited period by way of family arrangement or for other similar reason the Land Commission from time to time may by general regulations authorise the registering authority to register the person claiming under any instrument executed by the proprietor which creates such temporary sub-division and shall be deemed to have assented to any sub-division to which effect has been given by registration pursuant to such...