Land Act, 1939

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Transfer of certain charges on exchange or rearrangement of holdings or parcels.

35.—(1) Where a holding or parcel (in this sub-section referred to as the original holding or parcel) is subject to a charge (in this section referred to as the original charge) which is made under the Housing (Gaeltacht) Acts, 1929 and 1934, the Housing of the Working Classes Acts, 1890 to 1931, the Labourers' Acts, 1883 to 1937, or the Small Dwellings Acquisition Acts, 1899 to 1931, as amended by the Housing Acts, 1925 to 1931, and the Housing (Financial and Miscellaneous Provisions) Act, 1932, or is made under the Public Works (Ireland) Acts, 1831 to 1886, for the erection or improvement of houses, offices, or farm buildings, or is a permanent improvement charge under the Agricultural Credit Acts, 1927 to 1929, and such original holding or parcel is exchanged for a new holding or parcel under section 23 of the Irish Land Act, 1909 , or section 46 of the Land Act, 1923 , or section 29 of the Land Act, 1931 , or is re-arranged by the Land Commission, the following provisions shall have effect, that is to say:—

(a) if the premises erected or the premises or land improved by means of the loan secured by the original charge are included under the exchange or re-arrangement in a holding or parcel of not less value than the original holding or parcel, the Land Commission may, if satisfied that the holding or parcel which includes the premises so erected or the premises or land so improved is security for the loan secured by the original charge or the balance thereof remaining unrepaid, by order transfer the original charge (with priority as of the date on which it was originally created) to the last-mentioned holding or parcel and charge that holding or parcel therewith with the priority aforesaid and in exoneration of the original holding or parcel or so much thereof as is not included in the said holding or parcel to which such transfer is made;

(b) if the premises erected or the premises improved by means of the loan secured by the original charge are included under the exchange or re-arrangement in a holding or parcel of less value than the original holding or parcel, the Land Commission shall redeem the original charge in whole or in part and, if they redeem part only of the original charge, shall by order transfer the unredeemed portion of the original charge to the holding or parcel in which such premises are included and charge that holding or parcel therewith in exoneration of the original holding or parcel or so much thereof as is not included in the said holding or parcel to which such transfer is made;

(c) if, under the exchange or re-arrangement, the land improved by means of the loan secured by the original charge is included in a holding or parcel which is of less value than the original holding or parcel or is divided so as to constitute or form part of two or more holdings or parcels, the Land Commission may redeem the original charge in whole or in part, and shall (unless they redeem the whole of the original charge) transfer the original charge or the unredeemed part thereof either (as the case may be) to the holding or parcel in which the said land is included or in apportioned parts to and amongst the several holdings or parcels in which any part of the said land is included, and, in either case, shall charge the holding or parcel or every of the holdings or parcels to which the original charge or any part thereof is so transferred with the payment of so much of the original charge as is so transferred to it in exoneration of the original holding.

(2) Where a holding or parcel of land is subject to a charge under the Public Works (Ireland) Acts, 1831 to 1886, other than a charge for the erection or improvement of houses, offices, or farm buildings, and such holding or parcel is exchanged for a new holding or parcel under section 23 of the Irish Land Act, 1909 , or section 46 of the Land Act, 1923 , or section 29 of the Land Act, 1931 , or is re-arranged by the Land Commission, such charge shall not be transferred to the new or re-arranged holding or parcel but may be redeemed or be apportioned between different portions of the first-mentioned holding or parcel.

(3) Where a charge has been apportioned under the immediately preceding sub-section of this section, the Commissioners of Public Works may require the Land Commission to redeem any one or more of the apportioned parts of such charge and the Land Commission shall redeem such one or more parts accordingly.

(4) All moneys required by the Land Commission for the purpose of redeeming charges under this section shall be paid out of moneys provided by the Oireachtas as part of the expenses of the Land Commission.

(5) Every question arising under this section as to—

(a) the value of the subject of any charge,

(b) the value of a new or re-arranged holding,

(c) the security for a charge or portion of a charge proposed to be transferred by order under this section,

(d) the apportionment of any charge, or

(e) the amount which should be redeemed of any charge,

shall be determined by the Judicial Commissioner whose decision shall be final.

(6) Sub-section (2) of section 23 of the Irish Land Act, 1909 , the relevant provisions of sub-sections (3) and (4) of section 46 of the Land Act, 1923 , and paragraph (c) of section 29 and section 33 of the Land Act, 1931 , shall not apply in respect of any case in respect of which the provisions of this section are applicable.

(7) Nothing in this section shall be construed as affecting the incidence of or altering the liability for any arterial drainage charge or any drainage maintenance charge.