Radcliff and Belton, Re Estates of [Supreme Court.]

• Jurisdiction: Ireland
• Judgment Date: 01 January 1939
• Date: 01 January 1939
• Docket Number: (Record Nos. S. 15687 and S. 15760.)
• Court: Supreme Court

(L.C., S.C.),

In re Radcliff's Estate and in re Belton's Estate

Application in respect of "superior interest" under Land Law (Ir.) Act, 1896, s. 31 (3) - Untenanted lands vested in Land Commission under s. 44 of Land Act, 1931 - Vested lands subject together with other lands to superior fee farm rent - Portion of unvested land covered with buildings - Superior rent apportioned between vested and unvested lands on basis of Poor Law Valuation of lands exclusive of buildings - Whether basis of apportionment correct - Land Law (Ir.) Act, 1896 (59 60 Vict., c. 47), s. 31 (3).

1. Sect. 31 (3) of the Land Law (Ir.) Act, 1896, provides that the powers of apportionment of rent given to the Land Commission by certain earlier statutes "shall extend to superior interests and be exercised in such manner as shall appear equitable, and shall not be limited to an apportionment between the land sold and the residue of the land subject to the superior...