Land Act, 1946

• Jurisdiction: Ireland
• Citation: IR No. 12/1946

Number 12 of 1946.
LAND ACT, 1946.
ARRANGEMENT OF SECTIONS
Section 1. The operative date. 2. Obligation on allottees of holdings and parcels to reside thereon. 3. Construction of conditions against sub-letting, etc. 4. Evidence of breach of conditions as to working holding or parcel. 5. Interest in parcel of untenanted land under agreement or undertaking to purchase. 6. Restrictions on dealing with holdings and parcels provided for the enlargement of holdings. 7. Devolution of holdings and parcels provided for enlargement of holdings. 8. Repeals. 9. Short title, construction and citation.
SCHEDULE.
Acts Referred to Land Act, 1939 No. 26 of 1939
Number 12 of 1946.
LAND ACT, 1946.
AN ACT TO AMEND AND EXTEND THE LAND PURCHASE ACTS. [11th June, 1946.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
	The operative date.	1.—In this Act, the expression “the operative date” means the date of the passing of this Act.
	Obligation on allottees of holdings and parcels to reside thereon.	2.—Where a holding or parcel of land—
	(a) either—
	was allotted to, but not vested in, a purchaser before the operative date, or
	is allotted to a purchaser on or after the operative date, and
	(b) the holding or parcel includes a dwellinghouse (whether the dwellinghouse was built before or after or partly before and partly after the allotment of the holding or parcel),
	the following provisions shall have effect—
	(i) the Land Commission may, whenever and so often as they think fit, give a direction to the purchaser to reside continuously to their satisfaction in the dwellinghouse, as on and from such date (not being less than three months after the date of the direction) as the Land Commission think fit and specify in the direction until the holding or parcel is vested in him;
	(ii) the Land Commission may at any time revoke any direction given to the purchaser under this section;
	(iii) where a direction given to the purchaser under this section is in force and the Land Commissiongive another direction to the purchaser under this section, the first-mentioned direction shall there upon, by virtue of this paragraph, be revoked;
	(iv) if the purchaser fails to comply with any direction given to him under this section and for the time being in force, the Land Commission may, if they think fit, demand and recover possession of the holding or parcel on which the dwellinghouse is situate and any other holding or parcel allotted to the purchaser in conjunction with, or for the enlargement of, the first-mentioned holding or parcel, freed and discharged from any claim by the purchaser;
	(v) a certificate under the common seal of the Land Commission certifying that a direction under this section was given to the purchaser, that the direction has not been revoked and that the purchaser has failed to comply with the direction shall be conclusive evidence for all purposes of the facts so certified.
	Construction of conditions against sub-letting, etc.	3.—Where—
	(a) an agreement or undertaking to purchase a holding or parcel of land from the Land Commission, whether entered into before, on or after the operative date, contains a condition whereby the purchaser agrees not to sublet or part with possession of the holding or parcel or any part thereof until the holding or parcel is vested in him, and
	(b) the purchaser makes, on or after the operative date and before the holding or parcel is vested in him, a letting in conacre or for the purposes of agistment or for the temporary depasturage or meadowing of the holding or parcel or any part thereof,
	the making of the letting shall constitute a breach of the said condition.
	Evidence of breach of conditions as to working holding or parcel.	4.—Where an agreement or undertaking to purchase a holding or parcel of land from the Land Commission, whether entered into before, on or after the operative date, contains a condition whereby the purchaser agrees to work the holding or parcel in accordance with proper...