Land Act, 1953
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Possession and vesting of tenants' interests in cases of resumption. |
12.—(1) Where the Land Commission have, before the passing of this Act, resumed a holding, the tenant's interest shall be deemed to have vested, discharged from the claims against such interest, in the Land Commission on the date on which they took possession of the holding, or the date on which they were authorised to resume the holding where that date was later than the date on which they took possession, and those claims shall be deemed to have on the date of vesting ceased as against the holding and become attached to the resumption price of the holding, that is to say, the compensation paid or to be paid therefor by the Land Commission, in like manner as they were attached to the holding immediately before the date of vesting. | |
(2) Where the Land Commission have, whether before or after the passing of this Act, been authorised to resume a holding, they shall be entitled to enter upon and take possession of the holding and— | ||
(a) the provisions of section 19 of the Land Act, 1927 , as amended by this Act, shall apply to the holding in like manner as they apply to the lands vested in the Land Commission referred to in that section, and | ||
(b) the tenant's interest shall vest, discharged from the claims against such interest, in the Land Commission on the date on which they take possession of the holding, or the date on which they have been authorised to resume the holding where that date is later than the date on which they take possession, and those claims shall on the date of vesting cease as against the holding and become attached to the resumption price of the holding, that is to say, the compensation to be paid therefor by the Land Commission, in like manner as they were attached to the holding immediately before the date of vesting. | ||
(3) A certificate under the common seal of the Land Commission certifying that the tenant's interest in a specified holding vested or is deemed to have vested in the Land Commission on a specified date (being the date on which the Land Commission took possession of the holding, or the date on which the Land Commission were authorised to resume the holding where that date was later than the date on which they took possession) shall be prima facie evidence of the fact so certified. | ||
(4) All powers exercisable under the Land Purchase Acts in relation to a superior interest may be exercised in relation to a claim within the meaning of this section. | ||
(5) In this section— | ||
“holding” includes part of a holding and, when used in the expressions “against the holding” and “attached to the holding”, includes the tenant's interest; | ||
“tenant's interest” includes interests of joint tenants and tenants in common; | ||
“claims” includes the claim of any person interested in respect of any incumbrance, annuity, rent, rentcharge or otherwise howsoever, save that it does not include any public right, the interest of any sub-tenant or of any person having a claim upon that interest or a claim in respect of any easement, right or appurtenance mentioned in section 34 of the Land Law (Ireland) Act, 1896 ; | ||
“resumption price” means resumption price whether fixed or to be fixed and, in the latter case, includes interest payable by virtue of subsection (4) of section 39 of the Land Act, 1939 . | ||
(6) Nothing in this section shall affect— | ||
(a) sporting rights as defined in subsection (2) of section 13 of the Irish Land Act, 1903 , fisheries appurtenant to a holding within the meaning of subsection (1) of section 3 of the Land Act, 1929 , or water rights, where such sporting rights, fisheries or water rights are not in the possession or enjoyment of the tenant at the date on which possession of the holding is obtained by the Land Commission, or | ||
(b) any right to water power in actual use by the tenant at the date on which possession of the holding is obtained by the Land Commission, except where such use ceased on that date, or | ||
(c) any mine or quarry being worked or developed by the tenant or his lessee at the date on which possession of the holding is obtained by the Land Commission, or | ||
(d) any right of mining or taking minerals or digging or searching for minerals on or under a holding, | ||
provided that this subsection shall not apply to any stone, gravel, sand or clay. |