The Local Registration of Title (Ireland) Act, 1891, and of Michael Freeman, an Owner of Land

• Jurisdiction: Ireland
• Court: Land Commission (Ireland)
• Judge: Land Judge's Court.,Madden, J.
• Judgment Date: 29 June 1907
• Date: 29 June 1907

In The Matter Of The Local Registration Of Title (Ireland) Act, 1891, And Of Michael Freeman, An Owner Of Land.

Land Judge's Court.

Madden, J.

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1907.

Irish Land Act, 1903 (3 Edw. 7, c. 37), s. 54 — Resale to owner of estate of land purchased by Land Commission from owner — Restrictions on incumbrances.

Section 54 of the Irish Land Act, 1903, which contains restrictions on sub division and incumbrance of holdings, for the purchase of which an advance has been made by the Land Commission, does not apply to lands repurchased by an owner under section 3 of the Act.

Question Of Law referred to the Court by the Central Registering Authority under section 14, sub-sect. 2, of the Local Registration of Title (Ireland) Act, 1891 (54 & 55 Vict. c. 66).

Michael Freeman being the owner of an estate, by undertaking dated 3rd November, 1905, undertook to purchase from the Irish Land Commission his demesne under section 3 of the Irish Land Act, 1903, and, by vesting order dated 26th July, 1906, the Land Commission vested the demesne in him subject to the repayment of an advance of £4754 by an annuity of £154 10s 2d.

By deed dated 7th July, 1906, Michael Freeman charged the lands with a life annuity of £30 in favour of Margaret Farrelly. By deed dated 22nd March, 1907, Michael Freeman mortgaged the said lands to the Hibernian Bank to secure £5000 and interest. The total capital amount of Margaret Farrelly's life annuity and the Hibernian Bank's charge far exceeded ten times the purchase annuity; but it was submitted to the Registering Authority that the restrictions in sect. 54 (3) of the Irish Land Act, 1903, were not applicable to the case. It appeared that Michael Freeman was now an arranging debtor.

The question for the decision of the Court was, whether section 54 of the Irish Land Act, 1903, applies to lands repurchased by an owner under section 3 of the said Act.

H. Wilson, K.C., for the Hibernian Bank, Limited:—

Section 54 of the Irish Land Act, 1903, applies only to “holding.” The word “holding” is used twenty-two times in the section, and implies that the relation of landlord and tenant exists, or has existed, in land: see definition in section 57 of the Land Law (Ireland) Act, 1881. Section 3 (2) of the Land Act, 1903, shows that a “holding” is something else than a “parcel of land.” In...