Land Act, 1950
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Transfer orders, etc. |
28.—(1) At any time after a purchase under section 27 of this Act of an interest in land has been completed, the Land Commission may make an order (in this section referred to as a transfer order) in accordance with the subsequent provisions of this section in respect of the land. | |
(2) The following provisions shall have effect in relation to a transfer order in respect of any land:— | ||
(a) the order shall come into operation on such date (in this section referred to as the operative date) as may be specified in that behalf in the order, being a date not earlier than two months after the making of the order, | ||
(b) the order shall be expressed and shall operate to vest the land in the Land Commission for an estate in fee simple in possession subject— | ||
(i) in case the land is subject to a State annuity, to that State annuity, and | ||
(ii) in case provision is made in the order in pursuance of sub-section (4) of this section for the continuance or creation of an easement, to that easement, | ||
but save as aforesaid free from all public rights (if any) and from the claims of all persons who are interested in the land, whether in respect of incumbrances or interests therein or otherwise howsoever, | ||
(c) in relation to each interest subsisting in the land immediately before the operative date and in respect of which compensation is payable under sub-section (9) of this section— | ||
(i) the order shall operate to transfer and attach to the said compensation all estates, trusts and incumbrances subsisting in respect of that interest immediately before the operative date, | ||
(ii) the said compensation shall, as respects all rights or claims, existing immediately before the operative date, to or against that interest, represent that interest for all purposes, | ||
(iii) if that interest was, immediately before the operative date, settled land, within the meaning of the Settled Land Acts, 1882 to 1890, the said compensation shall be capital money for the purposes of those Acts. | ||
(3) A transfer order shall have attached thereto a map or plan showing the land to which the order relates. | ||
(4) A transfer order may provide for the continuance of an existing easement in or over the land to which it relates or for the creation, in lieu of an existing easement, of any new easement in or over the land. | ||
(5) Where a transfer order is made in respect of any land, the Land Commission shall as soon as may be thereafter— | ||
(a) publish, by advertisement in the Iris Oifigiúil and in at least one issue of either a newspaper published and circulating in the county in which the land is situate or, if there is no such newspaper, a daily newspaper published in the State and circulating in the said county, a notice (which shall specify the place at which the transfer order may be inspected and the times for inspection) of the making of the order, | ||
(b) serve a copy of such notice on all persons who appear to the Land Commission to have had immediately before the operative date, any interest in the land. | ||
(6) Where any public right is terminated by a transfer order, the Land Commission may, if they think it necessary, arrange for a right to be exercisable by the public in lieu of the terminated public right. | ||
(7) As soon as may be after the operative date in respect of a transfer order, the Land Commission shall send to the registering authority under the Registration of Title Acts, 1891 and 1942, the transfer order and, on receipt thereof, the said registering authority shall cause the Land Commission to be registered under those Acts as owner in fee simple of the land in accordance with the terms of the transfer order or, if the Land Commission is already so registered as owner in fee simple of the land, cause the terms of the transfer order to be so registered. | ||
(8) No stamp duty shall be payable on any transfer order nor shall any fees be payable in respect of any proceedings in the Land Registry under sub-section (7) of this section. | ||
(9) Where a transfer order is made in respect of any land, the Land Commission shall be liable to pay compensation in respect of every interest (other than an easement continued by the order or an easement in lieu whereof a new easement has been created by the order) subsisting therein immediately before the operative date, but no claim for compensation shall be made after the expiration of six years from that date. | ||
(10) Where a transfer order is made in respect of any land and the interest therein purchased by the Land Commission was, immediately before the operative date, subject to a mortgage— | ||
(a) the reference in sub-section (9) of this section to every interest subsisting in the land immediately before the operative date shall include a reference to the interest purchased by the Land Commission, and | ||
(b) the fixing of compensation in respect of the interest purchased by the Land Commission, and the allocation of such compensation as between the Land Commission and the mortgagee, shall be carried out in accordance with the rules made for the purposes of this section. | ||
(11) The Land Commission shall have in relation to land (being land comprising the whole or part of land in which they have acquired an estate in fee simple by means of a purchase under section 27 of this Act or by means of a transfer order) all powers which they have in relation to land purchased or acquired under the Land Purchase Acts. | ||
(12) Where any land (being land comprising the whole or part of land in which the Land Commission have acquired an estate in fee simple by means of a purchase under section 27 of this Act or by means of a transfer order) becomes not required by the Land Commission for (as the case may be) the provision of new holdings for migrants or to facilitate re-arrangement of lands held in rundale or intermixed plots, such land may be disposed of by the Land Commission to any of the persons or bodies mentioned in paragraphs (a), (c) and (e) (as extended by sub-section (6) of section 30 of this Act) of sub-section (1) of section 31 of the Land Act, 1923 , or to the Minister for the purposes of afforestation. | ||
(13) Provision may be made by rules for the following matters:— | ||
(a) as respects land to which a transfer order relates which is subject in conjunction with other land to an annual payment or a State annuity, for apportionment of such payment or annuity, | ||
(b) fixing, allocation (including allocation as between mortgagors and mortgagees) and payment of compensation (subject to the restriction that the person to fix compensation in default of agreement shall be the Judicial Commissioner), | ||
(c) amendment of transfer orders by the Judicial Commissioner, | ||
(d) payment by the Land Commission of costs of deducing title to compensation, | ||
(e) conduct of proceedings under the rules, | ||
(f) costs and expenses of proceedings under the rules and taxation and recovery of such costs and expenses, | ||
(g) service of notices given under the rules or this section, | ||
and any such rules may be expressed to confer any powers appropriate to the purposes for which the rules are made and shall have effect accordingly. | ||
(14) Rules made pursuant to the next preceding sub-section may provide that, where an allocation of compensation is made as between any mortgagor and mortgagee, an allocation may be made in respect of both principal and interest and that interest shall be treated as ranking equally with principal. | ||
(15) The Lands Clauses Acts shall not, save as expressly provided by rules, apply in relation to the acquisition of land by means of a transfer order. | ||
(16) In this section— | ||
the expression “annual payment” means any annual or periodical payment charged on or payable out of land, but does not include— | ||
(a) any State annuity, or | ||
(b) a rent payable to the Land Commission or the Commissioners under a contract of tenancy expressed to be made for temporary convenience, or | ||
(c) interest on a mortgage, or | ||
(d) a charge subsisting under a settlement; | ||
the expression “charge subsisting under a settlement” means a charge subsisting or to arise under a settlement, within the meaning of the Settled Land Acts, 1882 to 1890, not being a charge having priority to the settlement or a charge created for securing money actually raised; | ||
the expression “the Commissioners” means the Commissioners of Public Works in Ireland; | ||
the word “easement” includes any profit-à-prendre or other right (including all sporting rights within the meaning of the Land Purchase Acts) in or over land, and also any fisheries appurtenant to land within the meaning of the Land Purchase Acts; | ||
the word “interest”, in relation to land, includes— | ||
(a) an easement, | ||
(b) an annual payment, | ||
but does not include— | ||
(c) a tenancy from year to year held under the Land Commission or the Commissioners and expressed in the contract of tenancy to be for temporary convenience, or | ||
(d) a State annuity, or | ||
(e) a mortgage on land, or | ||
(f) a charge subsisting under a settlement affecting the land; | ||
the word “mortgage” includes an equitable mortgage, a charge for securing any capital sum, and a judgment mortgage, but does not include a State annuity or a charge subsisting under a settlement, and the words “mortgagee” and “mortgagor” shall be construed accordingly and shall respectively include a person from time to time deriving title under the original mortgagee and a person from time to time deriving title under the original mortgagor; | ||
the expression “State annuity” means any sum being— | ||
(a) any land purchase annuity, funding annuity or annual sum, within the meaning of the Land Purchase Acts, payable to the Land Commission, or | ||
(b) any land purchase annuity payable to the Commissioners, or | ||
(c) any reclamation annuity under the Land Reclamation Act, 1949 (No. 25 of 1949). |