Land Act, 1965

JurisdictionIreland
CitationIR No. 2/1965


Number 2 of 1965.


LAND ACT, 1965


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Rules and regulations.

3.

Payments and expenses.

4.

Order declaring area to be a congested area.

5.

Advances for purchase of land by persons in congested areas.

6.

Grant of life annuity under this Act.

7.

Payment of certain purchase annuities, etc., in full.

8.

Power of Lay Commissioners to summon witnesses.

9.

Power of local authority to contribute to cost of certain works by Land Commission.

10.

Exoneration of Minister for Lands and Land Commission from certain obligations and liabilities.

11.

Exemption of Land Commission from liability for certain rates.

12.

Prohibition of letting, subletting or subdivision of certain holdings without consent of Land Commission.

13.

Prohibition of sale, transfer, letting or subletting of certain lands without consent of Land Commission.

14.

Appointment of Land Commission Nominees.

15.

Exercise of certain powers and functions by Examiners of Land Commission authorised for the purpose.

16.

Acceptable root of title.

17.

Indemnity for Examiner.

18.

Extinguishment of certain sporting rights.

19.

Incorporeal hereditaments.

20.

Extension of powers of Land Commission to provide rights of way.

21.

Operation of certain vesting orders.

22.

Effect of death on vesting order.

23.

Power to make certain vesting orders.

24.

Deficiencies arising out of operation of Statute of Limitations, 1957.

25.

Consolidation of holdings.

26.

Payment of purchase money or making of advance by means of land bonds.

27.

Powers conferred by section 40 (6) of Land Act, 1923, not excepted matters.

28.

Amendment of section 15 of Land Act, 1923.

29.

Amendment of section 40 of Land Act, 1923.

30.

Amendment of section 46 of Land Act, 1923.

31.

Amendment of section 18 of Land Act, 1927.

32.

Amendment of sections 35 and 38 of Land Act, 1931.

33.

Amendment of section 39 of Land Act, 1931.

34.

Amendment of section 29 of Land Act, 1933.

35.

Amendment of section 32 of Land Act, 1933.

36.

Amendment of section 44 of Land Act, 1933.

37.

Amendment of section 52 of Land Act, 1933.

38.

Amendment of section 38 of Land Act, 1936.

39.

Amendment of section 13 of Land Act, 1939.

40.

Amendment of section 20 of Land Act, 1939.

41.

Operation of orders under section 24 of Land Act, 1939.

42.

Amendment of section 39 of Land Act, 1939.

43.

Amendment of section 43 of Land Act, 1939.

44.

Amendment of section 28 of Land Act, 1950.

45.

Restriction on vesting of interests in land not situate in a county borough, borough, urban district or town.

46.

Amendment of section 17 of Land Act, 1953.

47.

Repeals.

48.

Short title, construction and citation.

FIRST SCHEDULE

SECOND SCHEDULE


Acts Referred to

Adoption Acts, 1952

1952, No. 25

Adoption Acts, 1964

1964, No. 2

Central Bank Act, 1942

1942, No. 22

Companies Act, 1963

1963, No. 33

Irish Church Act Amendment Act, 1881

1881, c. 71

Irish Church Act, 1869

1869, c. 42

Land Act, 1923

1923, No. 42

Land Act, 1927

1927, No. 19

Land Act, 1931

1931, No. 11

Land Act, 1933

1933, No. 38

Land Act, 1936

1936, No. 41

Land Act, 1939

1939, No. 26

Land Act, 1950

1950, No. 16

Land Act, 1953

1953, No. 18

Land Bond Act, 1934

1934, No. 11

Land Reclamation Act, 1949

1949, No. 25

Local Government Act, 1941

1941, No. 23

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Purchase of Land (Ireland) Act, 1891

1891, c. 48

Registration of Title Act, 1964

1964, No. 16

Statute of Limitations, 1957

1957, No. 6


Number 2 of 1965.


LAND ACT, 1965


AN ACT TO AMEND AND EXTEND THE LAND PURCHASE ACTS. [9th March, 1965.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :—

Definitions.

1.—In this Act, save where the context otherwise requires—

“congested area” has the meaning assigned to it by subsection (1) of section 4;

“the Minister” means the Minister for Lands;

“prescribed” means prescribed by the appropriate rules or regulations referred to in section 2;

“works” means any works whatsoever and includes any river, stream, natural or artificial watercourse, canal, drain, pond, lake or other area covered by water, and any natural or artificial bank or embankment;

every reference to a holding or land shall be construed as including a reference to part or parts of a holding or land and to a parcel of land in whole or in part and to an incorporeal hereditament in whole or in part;

every reference to purchase money shall be construed as including a reference to any redemption price of a superior interest, any resumption price, any compensation or any fund, and any residue of such redemption price, resumption price, compensation or fund, and any share in such redemption price, resumption price, compensation or fund, and any residue of such share.

Rules and regulations.

2.—(1) The power of making rules conferred by subsections (1) and (2) of section 3 of the Land Act, 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 and regulations adapt to the requirements of this Act any provisions relating to land purchase finance contained in any Act passed before this Act.

Payments and expenses.

3.—The payments made and expenses incurred by the Minister and by the Land Commission in giving effect to this Act and in the administration thereof shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Order declaring area to be a congested area.

4.—(1) Each of the following shall be a congested area for the purposes of this Act—

(a) a county or portion of a county specified in the Second Schedule to this Act;

(b) such other area as may from time to time be declared by order of the Minister to be a congested area.

(2) When making an order, under subsection (1) of this section, the Minister shall have regard to the size of the holdings, the quality of the land and the type or types of farming carried on in the area to be declared a congested area.

(3) The Minister may by order amend or revoke an order under subsection (1) of this section.

Advances for purchase of land by persons in congested areas.

5.—(1) The Land Commission may, in accordance with regulations under this section, make an advance to a qualified person in connection with the purchase by him of land.

(2) (a) The Minister may, with the consent of the Minister for Finance, make regulations for the purpose of giving effect to this section and any such regulations may include such supplemental or incidental provisions as appear to the Minister to be expedient.

(b) Regulations under this section may, in particular but without prejudice to the generality of paragraph (a) of this subsection, make provision in relation to all or any of the following matters—

(i) the charging of the advance on the land, whether by charging order made by the Land Commission or otherwise;

(ii) the obtaining by the Land Commission of security, whether by charge or otherwise, for an advance under this section;

(iii) the amount of an advance under this section;

(iv) the method of repayment of an advance under this section;

(v) the payment of interest on an advance under this section;

(vi) the payment by a qualified person to the Land Commission of a fee or fees for an inspection or inspections deemed necessary by the Land Commission in respect of an application for an advance under this section;

(vii) the application of such existing provisions in the Land Purchase Acts or the Land Reclamation Act, 1949 , as the Minister deems necessary, relating to vesting of land and to the apportionment, consolidation, charging and recovery of advances under this section and the adaptation where necessary of references in such provisions.

(3) (a) Stamp duty shall not be chargeable on any instrument made for the purpose of this section.

(b) No fee or other payment shall be charged or imposed by the Registry of Deeds in respect of any document which is necessary for or in relation to an advance under this section.

(4) In this section—

“qualified person” means a person (including a joint owner or tenant in common) to whom in the opinion of the Land Commission an advance ought to be made and who is the tenant or proprietor of a holding which is—

(a) situate in a congested area,

(b) suitable, in the opinion of the Land Commission, for land settlement purposes, and

(c) agreed to be sold to the Land Commission within such period as is specified in regulations under this section.

Grant of life annuity under this Act.

6.—(1) Whenever a person (in this section referred to as the vendor) who is elderly, incapacitated or blind, sells an interest in land voluntarily to the Land Commission (whether such interest is held severally, jointly, or in common) the Land Commission may, at the option of the vendor, and in lieu of the payment in cash of the whole or part of the purchase price, grant to the vendor a life annuity in accordance with regulations under this section.

(2) A...

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