Land Commission Orders

• Original version: <a href='/vid/land-commission-orders-907695883'>Land Commission Orders</a>

1. General

A dealing may disclose that a first registered owner in whom the property was vested under the Land Acts was dead at the date of such vesting. In such circumstances it is to be noted that the vesting order is not void. See section 22 of the Land Act 1965.

Where a first registered owner was a full owner, the vesting order was effective to vest the property in his personal representative to such uses and upon such trusts as the lands would have stood limited if they had been vested in such person immediately prior to his death. The existing practice established under section 63 of the Land Act 1923, is still to be followed except that the former equity note is not to be amended. The instrument number which disclosed the death is to be noted opposite the former equity note (if any).

Where the first registered owner was a limited owner the vesting order was effective to vest the property in the person or persons next entitled under the settlement. In such a case, therefore, on application being made, the person or persons next entitled under the settlement could be registered in succession to the deceased limited owner as if such owner had died after the date of vesting. As and from 1st December 2009 being the commencement date of the Land and Conveyancing Law Reform Act an appropriate application pursuant to Rule 93 of the Land Registration Rules would be required.

When the first registered owners were two or more joint tenants and one or more of them had died prior to the vesting, the vesting is valid and the survivor or survivors may be registered on...