Land Act, 1936

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Untenanted land held under fee farm grant or long lease.

43.—The following provisions shall have effect in relation to applications under section 44 of the Land Act, 1931 (as amended by section 42 of the Land Act, 1933 , and by this Act), that is to say:—

(a) whenever, on any such application, it appears to the Land Commission—

(i) that a portion only of such parcel has substantial and actual value as building ground, or

(ii) that a portion only of such parcel does not satisfy the conditions set forth in sub-section (1) of the said section 44 as so amended, or

(iii) that the rent reserved by the fee farm grant or the lease under which such parcel is held is payable partly in respect of such parcel and partly in respect of an incorporeal hereditament (whether with or without other land),

the Land Commission may grant such application in respect of that portion (in this section referred to as the said granted portion) of such parcel in respect of which they are of opinion that such application should be granted and may accordingly declare that the said granted portion shall vest in the Land Commission on the appointed day and may either apportion the rent reserved by the fee farm grant or lease under which such parcel is held between the said granted portion and the residue (including any other land or any incorporeal hereditament held under the said fee farm grant or lease) of such parcel or exclusively charge the said rent on the said granted portion;

(b) whenever the Land Commission grant any such application in respect of portion only of the parcel of land to which such application relates, the said section 44 (as so amended) shall apply in relation to the said granted portion as if it were such parcel of land as is mentioned in the said section 44 (as so amended), and the rent or part of a rent exclusively charged on or apportioned to the said granted portion by the Land Commission shall be deemed for the purposes of the said section 44 (as so amended) to be the rent payable by the owner of such parcel in respect of the said granted portion thereof;

(c) notwithstanding anything contained in sub-section (4) of section 9 of the Purchase of Land (Ireland) Act, 1891 , or in paragraph (a) of sub-section (2) of section 24 of the Land Act, 1923 , any such application may be made and granted in respect of a parcel of land which constitutes or forms part of a holding purchased under any Land Purchase Act, but in every such case, if such application is granted, Part III of the Land Act, 1933 , shall not apply in respect of the purchase annuity set up in consequence of the granting of such application;

(d) any such application may be granted notwithstanding that paragraph (b) of sub-section (1) of the said section 44 is not complied with if the Land Commission is satisfied that the failure to comply with that paragraph graph is due solely to the fact that a court or a mortgagee has appointed a receiver over the parcel of land to which such application relates or over the rents and profits thereof and such parcel is being worked or let or otherwise managed by such receiver;

(e) any such application may be granted notwithstanding that the fee farm grant or lease under which the parcel of land to which such application relates was, after the lodgment of such application, terminated on account or in consequence of the non-payment of the rent reserved thereby, and in every such case the said fee farm grant or lease shall be deemed for the purposes of such application to be subsisting;

(f) sub-section (7) of section 42 of the Land Act, 1933 , is hereby amended by substituting the words “the appointed day” for the words “the date of the lodgment of the application under that section”;

(g) whenever any such application has been granted, all payments on account of the rent of the parcel of land to which such application relates which are received by the landlord of such parcel after the date of the lodgment of such application shall be treated as payments on account of the rent payable in respect of such parcel for the three years immediately preceding the appointed day, and all sums so received by such landlord in excess of the amount payable by the applicant on account of the said rent payable for the said three years shall be recoverable by the applicant from such landlord as a claim against the purchase money;

(h) in fixing the standard purchase annuity of a parcel of land in respect of which any such application is granted, the Land Commission shall (without prejudice to their powers under sub-section (6) of section 42 of the Land Act, 1933 ) have regard to the value of such parcel at the date of the order granting such application but not so as to lessen the amount of such standard purchase annuity on account of a deterioration in value of such parcel which is, in the opinion of the Land Commission, due to the wilful neglect or default of the applicant;

(i) where the Land Commission is satisfied that any such application should be granted and that no person having or claiming an estate or interest in the parcel of land to which such application relates objects to the granting of such application, the Land Commission may, notwithstanding anything contained in sub-section (4) of the said section 44, make an order granting such application without listing such application for hearing;

(j) the power conferred on the Land Commission by sub-section (2) of the said section 44 to apportion the rent reserved by a fee farm grant or a lease shall extend to and be exercisable in cases in which the property held under such fee farm grant or lease includes an incorporeal hereditament as well as land, and in every such case references in the said section 44 (as so amended as aforesaid) to land shall, where the context so admits, be construed as including such incorporeal hereditament;

(k) no person shall be precluded from making any such application by reason only of an application under the said section 44 or under that section as amended by section 42 of the Land Act, 1933 , having been made in relation to the same parcel of land before the passing of this Act and refused;

(l) the foregoing provisions of this section shall apply to every such application which was lodged before and is pending at the passing of this Act as well as to every such application which is lodged after such passing.