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

JurisdictionIreland
CourtLand Commission (Ireland)
Judgment Date29 June 1907
Date29 June 1907

Land Judge's Court.

Madden, J.

IN THE MATTER OF THE LOCAL REGISTRATION OF TITLE (IRELAND) ACT, 1891, AND OF MICHAEL FREEMAN,
AN OWNER OF LAND.

— Resale to owner of estate of land purchased by Land Commission from owner — Restrictions on incumbrances.

444 THE IRISH REPORTS. [1907. Land ,Tudye's IN THE MATTER OF THE LOCAL REGISTRATION OF Court. TITLE (IRELAND) ACT, 1891, AND OF MICHAEL Madden, J. 1907. FREEMAN, AN OWNER OF LAND. May 14. June 29. 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 incumÂbrances. Section 54 of the Irish Land Act, 1903, which contains restrictions on subÂdivision 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 Viet. 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 au advance of £4754 by an annuity of £154 lOs 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 secÂtion 54 of the Irish Land Act, 1903, applies to lands repurchased by an owner under section 3 of the said Act. Vol. I.] CHANCERY DIVISION. H. Wilson, K.C., for the Hibernian Bank, Limited : Section 54 of the Irish Land Act, 1903, applies only to " holdÂing." 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...

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1 cases
  • The Estate of William Daly and Denis St. George Daly
    • Ireland
    • Court of Appeal (Ireland)
    • 30 July 1912
    ...the other. Holmes and Cherry, L.JJ., concurred. R. ST. J. C. (1) Before The Lord Chancellor and Lords Justices Holmes and Cherry. (1) [1907] 1 I. R. 444. (1) [1907] 1 I. R. (2) 26 I. L. T. R. 145. (3) [1898] 1 I. R. 390. the Act of 1896 must have the same substantial application in the case......

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