The Local Registration of Title (Ireland) Act, 1891, and of Davidson Purvis, A Registered Owner of Land; and The Application of Wm. M'Daniel

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

In The Matter Of The Local Registration Of Title (Ireland) Act, 1891, And Of Davidson Purvis, A Registered Owner Of Land;

And In the Matter of the Application of WM. M'Daniel.

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.

Local Registration of Title (Ireland) Act, 1891 (54 & 55 Vict. c. 66), s. 29 — Land registered subject to rights or equities — Ascertainment of burdens.

Where the title of a tenant purchaser is registered under the provisions of the Local Registration of Title Act, 1891, “subject to equities,” and where, on the application of the registered owner, the Registering Authority, under sect. 29 (4) of the Act, ascertains and enters on the register burdens created by such a tenant purchaser prior to the acquisition by him of the fee-simple, those burdens affect the fee-simple; and the powers of the owners of those burdens, including the power of sale of a mortgagee, will operate on the fee-simple.

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).

Davidson Purvis then being the occupying tenant of the lands entered on folio No. 1767 of the register, county of Tyrone, by indenture dated 24th December, 1896, mortgaged the said lands to David Anderson & Son and the Cookstown Loan Company, Limited, to secure £250 and future advances with interest; and the said indenture was duly registered in the Registry of Deeds on 29th December, 1896.

By a vesting order of the Land Commission, dated 26th July, 1898, Davidson Purvis acquired the fee-simple of the lands under the Land Purchase (Ireland) Acts, subject to the payment of an annuity to the Irish Land Commission in respect thereof.

On 29th December, 1898, Davidson Purvis was, pursuant to the Local Registration of Title (Ireland) Act, 1891, registered as owner in fee of the said lands in the Local Registration of Title Office, county of Tyrone, folio 1767, subject to the rights or equities (if any) arising from the interest vested in him by the vesting order of the Land Commission, being deemed to be a graft on his previous interest in the land, or arising in any other manner from the existence of such previous interest.

David Anderson & Son and the Cookstown Loan Company, Limited, as first mortgagees, in...