Re Drummond's Estate

CourtLand Commission (Ireland)
Judgment Date01 January 1933
Date01 January 1933
In re Drummond's Estate
In the MATTER of the Estate of AUGUSTA C. DRUMMOND, Landlord, TIMOTHY T. MANGAN

Land Purchase Acts - Sale of holding to tenant - Holding comprising bog - Right of Land Commission to make regulations giving turbary rights over bog to occupiers in neighbourhood after vesting - Irish Land Act, 1903 (3 Edw. 7, c. 37), sect. 21 - Land Act, 1923 (No. 42 of 1923), sect. 42.

The Land Commission have power to make turbary regulations under the provisions of sect. 21 of the Irish Land Act, 1903 (as extended by sect. 42 of the Land Act, 1923) in respect of turbary on lands after such lands have been vested under the Irish Land Act, 1903, and registered under the Local Registration of Title Act. 1891.

Nor is it necessary for the Land Commission before making such regulations to acquire the lands or the turbary thereon under the provisions of sect. 24, sub-sect. 4, and sect. 37 of the Land Act, 1923, or otherwise.

In re Scott's Estate, [1916] 1 I. R. 180, followed.

Case stated by the Land Commissioners for the opinion of the Judicial Commissioner on the application of Timothy T. Mangan, registered owner and occupier of the lands of Glencuttane Lower, Kilgobnet, Beaufort, Land Registry Folio 13842, County Kerry.

The case stated was as follows:—

"1. Timothy Mangan, father of the above named Timothy T. Mangan, was in the year 1884 and prior thereto in occupation of certain lands containing 99 acres, 3 roods, 19 perches, or thereabouts, statute measure, situate at Glencuttane Lower, in the District Electoral Division of Maum, in the Barony of North Dunkerron, in the County of Kerry, with the appurtenances. The Poor Law Valuation of said lands including buildings is £7 0s. 0d.

2. By an Agreement, dated the 28th January, 1884, made between Charles Drummond, landlord, and the said Timothy Mangan, tenant, the Fair Rent of said lands was fixed at £8. The said Agreement was filed by the Irish Land Commission on the 5th May, 1884, Record Number 1518, County Kerry.

3. On the 20th February, 1900, the said landlord and tenant applied to the Land Commission to appoint two valuers to fix a Fair Rent on the holding. By an order, dated 30th October, 1900, Record No. 1010, County Kerry, the Land Commission fixed the Fair Rent of the holding at £8 in accordance with the said valuers' report thereon, dated the 13th September, 1900. It is contended by the said Timothy T. Mangan that by said valuers' report the turf on the lands was...

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