Land Commission Orders

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 application being made as if such deceased joint tenant or tenants had died after the date of vesting.

2. Land Commission Partition Orders

Section 41 of the Land Act 1965, clarifies the position in relation to Partition Orders made by the Land Commission in exercise of their powers under section 24 of the Land Act 1939 as extended by section 25 of the Land Act 1950, and as amended by section 23 of the Land Act 1953.

Partition Orders are made under section 24 of the Land Act 1939 as amended.

All or some of the owners apply to the Department of Agriculture (Land Commission) for leave to partition the commonage. The effect of such an order is to confirm and authorise a scheme rearranging commonage between the owners in severalty subject to the estates, interests, burdens, charges, liabilities and equities , which immediately before the order affected the undivided share. Section 41(1) of the Land Act 1965...

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