Land Act, 1939

• Jurisdiction: Ireland
• Citation: IR No. 26/1939

Number 26 of 1939.
LAND ACT, 1939.
ARRANGEMENT OF SECTIONS
Section 1. Short title, construction, and citation. 2. “The Minister.”. 3. Rules and Regulations. 4. Expenses. 5. Exclusion of the Land Commission from the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930. 6. Recovery of moneys due or payable to the Land Commission. 7. Relief from certain fees in the Land Registry. 8. Losses on resales of sporting and other rights. 9. Grouping of 4½% land bonds for the purpose of drawings. 10. Land Bonds retained as a guarantee deposit. 11. Amendment of section 36 of the Land Act, 1931. 12. Amendment of enactments relating to the costs fund. 13. Payments to the Land Commission on allocation where there is delay in obtaining possession. 14. Quorum of Land Commissioners. 15. Questions of law arising before the Lay Commissioners. 16. Payment of compensation for expense of applications, etc. 17. Power of Lay Commissioners to award costs. 18. Amendments of lists of vested holdings. 19. Obligation on allottees of holdings and parcels to reside thereon in certain cases. 20. Sale of defaulter's holding or parcel discharged from arrears. 21. Amendment of section 33 of the Land Act, 1936. 22. Grants in connection with transfers of ex-employees. 23. Restrictions on sale, etc., of holdings and parcels provided for enlargement of holdings. 24. Partition of holdings held in commonage. 25. Arrears and revision of instalments of certain loans made by the Congested Districts Board. 26. Amendment of sub-section (1) of section 18 of the Land Act, 1933. 27. Amendment of sub-section (8) of section 18 of the Land Act, 1933. 28. Amendment of sub-section (10) of section 18 of the Land Act, 1933. 29. Amendments in respect of tithe rent-charges and variable rents in Dublin. 30. Amendments in respect of expenditure for improvements. 31. Construction of section 44 of the Land Act, 1933. 32. Additional facilities for the exchange of holdings. 33. Power to ratify exchanges of portions of holdings. 34. Funding annuities on exchange of holdings. 35. Transfer of certain charges on exchange or re-arrangement of holdings or parcels. 36. Applications and orders under section 37 of the Land Act, 1936. 37. Compounded arrears of rent and payments in lieu of rent in certain cases. 38. Extension and amendment of section 10 of the Land Act, 1927. 39. Resumption of holdings. 40. Prevention of vesting of certain holdings. 41. Extinguishment of easements, rights and tenancies. 42. Exclusion of section 16 of the Land Act, 1936, on certain sales. 43. Advances to purchasers of purchased land sold by the Land Commission. 44. Application of section 42 of the Land Act, 1927, to certain cases. 45. Extension of section 39 of the Land Act, 1923. 46. Amendment of section 43 of the Land Act, 1936. 47. Amendment of section 44 of the Land Act, 1931. 48. Apportionment of rent under section 44 of the Land Act, 1931. 49. Extension of section 44 of the Land Act, 1931, to certain rent-charges. 50. Arrears of rates in cases of voluntary purchase. 51. Redemption of drainage maintenance charges. 52. Redemption of annual sums and additional sums. 53. Applications by sub-tenants of holdings to have particulars furnished. 54. Power to appoint limited administrators and nominate representatives of tenants and owners in certain cases. 55. Power of the Land Commission to make new watercourses and drains. 56. Extension of the power of the Land Commission to confer water-rights. 57. Powers of the Land Commission for purposes of sand fixation. 58. Prohibition of removal of surface of certain land. 59. Sale under section 4 of the Irish Land Act, 1903, otherwise than by means of an advance. 60. Amendment of section 31 of the Land Act, 1923. 61. Advances on resale of houses in towns or villages.
Acts Referred to Land Act, 1933 No. 38 of 1933 Finance Act, 1924 No. 27 of 1924 Land Bond Act, 1925 No. 25 of 1925 Land Bond Act, 1934 No. 11 of 1934 Enforcement of Court Orders Act, 1926 No. 18 of 1926 Land Law (Commission) Act, 1923 No. 27 of 1923 Foreshore Act, 1933 No. 12 of 1933
Number 26 of 1939.
LAND ACT, 1939.
AN ACT TO AMEND AND EXTEND THE LAND PURCHASE ACTS IN DIVERS RESPECTS AND TO AMEND THE LAW IN RELATION TO THE APPLICATION OF THE INCREASE OF RENT AND MORTGAGE INTEREST (RESTRICTIONS) ACTS, 1923 TO 1930, TO DWELLING-HOUSES OF WHICH THE LAND COMMISSION IS THE LANDLORD. [8th August, 1939.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
	Short title, construction, and citation.	1.—(1) This Act may be cited as the Land Act, 1939.
	(2) This Act shall be construed as one with the Land Purchase Acts and may be cited with those Acts.
	“The Minister.”	2.—In this Act the expression “the Minister” means the Minister for Lands.
	Rules and Regulations.	3.—(1) The power of making rules conferred by sub-sections (1) and (2) of section 3 of the Land Act, 1933 (No. 38 of 1933), shall extend to and be exercisable for making rules for carrying into effect the provisions (other than provisions relating to land purchase finance) of this Act.
	(2) The Minister for Finance may make rules and regulations for carrying into effect the provisions of this Act relating to land purchase finance, and may by such rules or regulations adapt to the requirements of this Act any provisions relating to land purchase finance contained in any Act passed before this Act.
	(3) In this Act the word “prescribed” means prescribed by the appropriate rules or regulations authorised by this section.
	Expenses.	4.—The expenses incurred by the Minister and the payments made and expenses incurred by the Land Commission in the administration of this Act (save in so far as they are otherwise specifically provided for in this Act) shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
	Exclusion of the Land Commission from the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930.	5.—Where the Land Commission is (whether before, at, or after the passing of this Act) the landlord of a dwelling-house, the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930, shall not apply or be deemed ever to have applied to such dwelling-house at any time while the Land Commission is or was the landlord thereof.
	Recovery of moneys due or payable to the Land Commission.	6.—Moneys due or payable to the Land Commission shall have and, save as regards moneys due or payable to the Land Commission as successors to the Commissioners of Church Temporalities in Ireland, shall be deemed always to have had the like rights, privileges, and priorities as are conferred by sub-section (2) of section 38 of the Finance Act, 1924 (No. 27 of 1924), on the moneys to which that sub-section applies.
	Relief from certain fees in the Land Registry.	7.—(1) No fee shall be payable in the Land Registry by the Land Commission on any registration (whether effected before or after the passing of this Act) pursuant to paragraph (b) of sub-section (1) of section 23 of the Local Registration of Title (Ireland) Act, 1891.
	(2) No fee shall be payable in the Land Registry—
	(a) on an application for the registration of the Land Commission as owner of any registered land acquired (whether before or after the passing of this Act) by the Land Commission under the Land Purchase Acts, or
	(b) on an application for the registration as owner of any registered land so acquired by the Land Commission of a person to or in whom the Land Commission has transferred or vested such land (otherwise than on or in consequence of a sale of such land by the Land Commission by public auction or private treaty) where the Land Commission is under a statutory duty to procure the registration of such person as owner of such land.
	Losses on resales of sporting and other rights.	8.—Where the price fixed for the purchase of any sporting rights (including fisheries and fishery rights), grazing rights, rights of turbary, or other rights is such that the said rights cannot be resold without loss, the following provisions shall have effect, that is to say:—
	(a) the Land Commission at the beginning of each half year shall certify the proportion of the purchase money which represents the difference between the total amount of the advances made for the purchase of the said rights and the total prices for the time being paid or agreed to be paid by purchasers thereof from the Land Commission;
	(b) interest and sinking fund upon the proportion so certified at such rates respectively as shall be directed by the Minister for Finance shall, subject to the approval of that Minister, be paid to the Land Commission out of moneys provided by the Oireachtas.
	Grouping of 4½% land bonds for the purpose of drawings.	9.—(1) Regulations made by the Minister for Finance under sub-section (3) of section 1 of the Land Act, 1923 , as amended by section 3 of the Land Bond Act, 1925 (No. 25 of 1925), section 3 of the Land Act, 1931 , and section 6 of the Land Act, 1936 , for the redemption of 4½ per cent. land bonds may provide that, for the purposes of any drawing for the redemption of such land bonds, land bonds of the...