Land Act 1927

1 Application of the provisions in the Land Act, 1923, and the Land Bond Act, 1925, for creating and issuing 4 per cent. Land Bonds, to this Act.

1.—The powers conferred on the Minister for Finance by the Land Act, 1923, and the Land Bond Act, 1925, to create and issue bonds for the purposes of the Land Act, 1923, shall be extended so as to include power to create and issue bonds for any of the purposes of this Act and the provisions of the Land Act, 1923, and the Land Bond Act, 1925, shall apply to land bonds created and issued by the Minister for Finance for the purposes of this Act as if they were bonds created and issued for the purposes of the Land Act, 1923.

2 Compounded Arrears of Rent.

2.—(1) Notwithstanding the provisions of sub-sections (3) and (4) of section 19 of the Land Act, 1923, the Land Commission, where they deem it expedient so to do, may fix the appointed day for a holding notwithstanding that compounded arrears of rent payable in respect thereof may not have been collected by them from the tenant, and in such case a sum equivalent to the amount of the compounded arrears of rent remaining unpaid on the appointed day shall be added to the purchase money of the holding and repaid by a purchase annuity calculated at the rate of 4 per cent. on the amount thereof charged on the holding and added to and consolidated with the standard purchase annuity of the holding. The provisions of the Land Act, 1923, with respect to the additional annuity payable where one half-year's compounded arrears of rent is added to the purchase money pursuant to the proviso in sub-section (3) of section 19 thereof, shall apply to the annuity created under this section.

(2) Any sum added to the purchase money of a holding in respect of compounded arrears of rent shall be paid out of the purchase money to the person who would have been entitled to receive such compounded arrears of rent for his own use provided that the income tax, if any, due in respect of the holding shall be deducted from such added sum on the distribution of the purchase money.

3 Prohibition of sub-division, sub-letting and cutting of trees without the consent of the Land Commission prior to the appointed day.

3.—(1) The tenant of a holding to which the Land Act, 1923, applies shall not without the consent in writing of the Land Commission sub-divide the holding or sub-let the same or any part thereof, but it shall not be necessary for such tenant to procure the consent of the landlord to any sub-division or sub-letting or to any assignment of the holding.

(2) Where any holding is sub-divided with such consent as aforesaid, the rent, compounded arrears of rent, payment in lieu of rent and the standard purchase annuity shall be apportioned in such manner as the Land Commission deem expedient, and the several parts of the holding shall be deemed to be separate holdings to which the Land Act, 1923, applies, and in the case of a judicial holding the several proportionate parts of the original judicial rent shall be deemed to be separate judicial rents.

(3) The tenant of a holding to which the Land Act, 1923, applies shall not without the consent in writing of the Land Commission as well as that of any other person entitled to or having an interest in the timber on the holding cut down or uproot or permit to be cut down or uprooted any tree upon the holding which he had not the right to cut down or uproot before the date of the passing of the said Act (other than a fruit tree or osier or any tree planted by himself) and which is necessary for the ornament or shelter of the holding, and if any such tree is cut down or uprooted in violation of this condition the tenant shall be guilty of an offence under this Act and shall be liable on summary conviction to a penalty not exceeding five pounds for each tree so cut down or uprooted.

(4) The consent of the Land Commission to the sub-division or sub-letting of a holding shall not affect their powers to retain or resume the same or any part thereof on or after the appointed day.

4 Prohibition of sub-division or letting of holdings purchased prior to the passing of the Land Act, 1923.

4.—(1) Where the Land Commission have at any time prior to the passing of the Land Act, 1923, made an advance under the Land Purchase Acts for the purchase of a holding or parcel, the proprietor thereof shall not, until the whole of the advance made for the purchase thereof has been repaid, sub-divide or let the holding or parcel without the consent of the Land Commission, and every attempted sub-division or letting in contravention of this provision shall be void as against all persons and on any such contravention the Land Commission may cause the holding or parcel to be sold.

(2) Sub-sections (2) and (3) of section 30 of the Land Law (Ireland) Act, 1881, as amended by any enactment shall apply to any sale by the Land Commission under this section.

(3) Where the proprietor sub-divides his holding for a limited period by way of family arrangement or for other similar reason the Land Commission from time to time may by general regulations authorise the registering authority to register the person claiming under any instrument executed by the proprietor which creates such temporary sub-division and shall be deemed to have assented to any sub-division to which effect has been given by registration pursuant to such regulations.

5 Prohibition of sub-division and letting of consolidated holdings.

5.—Where either before or after the passing of this Act a holding or part of a holding, or part of demesne or other land the subject of an advance made to the owner for the purchase thereof, and another holding or part of a holding have been, or shall be, deemed to be one holding (in this section called the consolidated holding) the following provisions shall apply:—

(a) if an advance has been or shall be made for the purchase of any part of the consolidated holding after the passing of the Land Act, 1923, the consolidated holding shall be subject to the provisions of section 65 of that Act prohibiting sub-division and letting as if an advance had been made for its purchase after the passing of the said Act of 1923;

(b) if a part of the consolidated holding is part of demesne or other land subject to an advance made to the owner for the purchase thereof the consolidated holding shall be subject to the provisions of the Land Purchase Acts prohibiting sub-division and letting to which the other part or parts of the holding were subject prior to its consolidation, or became subject to on its consolidation pursuant to the foregoing provision of this section, as the case may be.

6 Provisions as to consolidated annuities.

6.—Where either before or after the passing of this Act two or more holdings subject to purchase annuities, or a holding subject to a purchase annuity and part of a holding, or part of demesne or other land for which an advance has been made to the owner for the purchase thereof, charged with a portion of another purchase annuity, have been, or shall be, deemed to be one holding (in this section called the consolidated holding) the consolidated annuity payable thereout in lieu of the several annuities or portions of annuities formerly payable, shall be deemed to have been and shall be charged on and recoverable out of the consolidated holding in the same manner and in the same priority as the several annuities or portions of annuities were charged on and recoverable out of the several parts of the consolidated holding on which they were originally charged.

7 Provisions for tenanted land which is suitable for building ground.

7.—(1) Notwithstanding the provisions of clause (e) of sub-section (2) of section 24 of the Land Act, 1923, a holding shall not be wholly excluded from the operation of sub-section (1) of the said section by reason of its potential or actual value or utility for building ground, if in the opinion of the Judicial Commissioner part only of the lands comprised in the holding possesses a potential or actual value or utility for building ground, and the Judicial Commissioner, having regard to all the circumstances, considers it expedient that the remainder of the holding should be treated as a separate holding to which the provisions of the Land Act, 1923, should apply, but in every such case the Judicial Commissioner may by order direct that the holding be sub-divided and the rent thereof apportioned and that the part of the holding possessing such potential or actual value or utility for building ground shall thenceforth be held during the continuance of the tenancy as a separate holding, to which the Land Act, 1923, does not apply at the rent apportioned upon it by the said order and subject to the terms and conditions to which the entire holding was subject before the making of the said order or to such of them as shall be still applicable to the said part of the holding, and that the remainder of the holding shall be treated as a separate holding to which the Land Act, 1923, does apply subject to the residue of the said entire rent and to the terms and conditions to which the entire holding was subject before the making of the said order or to such of them as shall be still applicable to the remainder of the holding.

(2) Where a holding or part of a holding which is excluded from the operation of the Land Act, 1923, solely by reason or on account of its potential or actual value or utility as building ground, was at the passing of the said Act held by the tenant under a lease (other than a building lease), the tenant shall at the expiration of such lease, if in bona fide occupation of the holding or the part thereof so excluded as aforesaid, be deemed to be a tenant of a present ordinary tenancy from year to year at the rent or apportioned rent as the case may be, and subject to the conditions of his lease, so far as such conditions are applicable to a tenancy from year to year although the lease may not have been existing at the passing of the Land Law (Ireland) Act, 1881.

(3) No order made under the above sub-section sub-dividing a holding shall alter or affect the liability of the tenant for rent or arrears of rent accrued due up to and including the gale day next preceding the date of the order, but from this gale day the liability of the tenant for payment in lieu of rent and of the Land Commission for payment of the sum equivalent to the sum to be collected as payment in lieu of rent pursuant to section 20 of the Land Act, 1923, shall commence.

(4) Where a holding is sub-divided pursuant to the last preceding sub-section the Land Commission shall have power to confer and define such right or rights of way over any part of the lands comprised in the holding to and from any other part of the lands therein comprised as they may consider necessary or expedient.

(5) No person shall be precluded from making an application to the Judicial Commissioner for an order under this section for the sub-division of a holding by reason only that an order has been made before the passing of this Act declaring that the holding is excluded from the provisions of the Land Act, 1923, by clause (e) of sub-section (2) of section 24 of the said Act.

(6) On the expiration of five years from the passing of this Act where any lands, which were at the passing of the Land Act, 1923, tenanted lands excepted from the provisions of sub-section (1) of section 24 of the said Act by reason or on account of their potential or actual value or utility as building ground, have not been resumed and utilised for building purposes during the said period, the Judicial Commissioner may order that the Land Act, 1923, shall apply to the whole or any part of the said lands and the provisions of the said Act shall apply thereto as from such date and subject to such conditions as the Judicial Commissioner may direct: Provided that no such order as aforesaid shall be made in respect of any lands if the landlord proves to the satisfaction of the Judicial Commissioner that he intends forthwith to resume the same (if not then resumed) with the definite purpose of utilising them as building ground, and the Judicial Commissioner is satisfied that the lands will be utilised for building purposes within such further period of time as may be fixed by him and provided also that when the landlord proves to the satisfaction of the Judicial Commissioner that he has expended money in developing the lands for building the said period of five years may be extended to such further period as the Judicial Commissioner may consider reasonable having regard to the amount of money so proved to have been expended.

Upon every application by a tenant for an order pursuant to this sub-section, the Judicial Commissioner shall have and may exercise the powers of sub-division and apportionment conferred on him by sub-section (1) of this section.

(7) Where a holding or part of a holding which is excluded from the operation of the Land Act, 1923, solely by reason of or on account of its potential or actual value as building ground is held by the tenant under a lease containing no provision enabling the landlord to resume possession of such land for building purposes, then notwithstanding the absence of such provision the landlord may at any time during the period of five years mentioned in the foregoing sub-section, or such extended period as the Judicial Commissioner may fix as aforesaid, resume the holding, or the part of the holding so excluded, for the purpose of building.

(8) During the aforesaid period of five years the tenant of the lands so excluded shall not be compelled to quit the same or any part thereof, except in consequence of the breach of some one or other of the conditions of his tenancy, unless the landlord is desirous of resuming the lands or part thereof for the immediate purpose of utilising the same as building ground.

8 Disused mills.

8.—A holding shall not be excluded from the provisions of sub-section (1) of section 24 of the Land Act, 1923, by reason only of the fact that there is a mill building upon it, where it is proved to the satisfaction of the Land Commission that the building has ceased to be used as a mill, and where, having regard to all the circumstances of the case, the Land Commission consider that the holding is substantially agricultural or pastoral or partly agricultural or partly pastoral in character.

9 Stud farms.

9.—(1) Notwithstanding the provisions of sub-sections (1) and (3) of section 24 of the Land Act, 1923, there shall not be vested in the Land Commission by virtue of the said Act otherwise than in pursuance of a voluntary agreement any untenanted land so long as the Land Commission are satisfied that such land is being used in a bona fide manner as a farm for the purpose of breeding thoroughbred stock which in the opinion of the Minister for Lands and Agriculture is of a nature and character suitable to the requirements of the country.

(2) Where the Land Commission are satisfied that any holding of tenanted land is being so used, then, notwithstanding the provisions of sub-section (6) of section 28 of the Land Act, 1923, such holding shall not be retained by them, unless the standard price exceeds the sum of five thousand pounds or such greater amount as the Land Commission may deem it expedient to advance and the tenant declines to pay to them in cash the difference between the amount to be advanced and the standard price.

10 Provision for the application of the Land Act, 1923, to tenancies on purchased holdings.

10.—(1) Notwithstanding the provisions of sub-section (4) of section 9 of the Purchase of Land (Ireland) Act, 1891, and of clause (a) of sub-section (2) of section 24 of the Land Act, 1923, tenanted land, constituting or forming part of a holding purchased under any Land Purchase Act passed prior to the Land Act, 1923, shall not, when the tenancy was in existence before the first day of September, nineteen hundred and twenty-two, be excluded from the provisions of the Land Act, 1923, by reason only of its having been so purchased and the provisions of section 20 of the Land Act, 1923, shall apply to such tenanted land, unless excluded by some other provision of that Act, from the gale day next preceding the passing of this Act as from which day the liability of the tenant for payment in lieu of rent and of the Land Commission for payment of the sum equivalent to the sum to be collected as payment in lieu of rent, pursuant to section 20 of the Land Act, 1923, shall commence, but this section shall not alter or affect the liability of the tenant for rent and arrears of rent up to and including such gale day as aforesaid provided that this section shall not apply (a) to tenanted lands, where by reason of the extent and character of the lands the Land Commission are of opinion that the provisions of the Land Act, 1923, should not apply, or, (b) to tenanted lands vested in the Land Commission under any Act prior to the Land Act, 1923, so long as the fee-simple thereof remains vested in the Land Commission.

(2) The provisions of section 14 of the Land Act, 1923, shall apply in case of the vesting of any tenanted land by virtue of this section.

11 Fee Farm Grants, renewable leases, and leases for long terms.

11.—(1) The owner of a parcel of untenanted land situate in a non-congested districts county, which is held under a fee farm grant, lease for lives or years renewable for ever, or lease for a term of years of which sixty or more were unexpired at the date of the passing of the Land Act, 1923 may apply to the Land Commission for an order declaring that the parcel shall vest in the Land Commission on the appointed day in like manner as if the parcel were situate in a congested districts county.

(2) Where an application is made to the Land Commission for a declaration pursuant to the last preceding sub-section and it is proved to the satisfaction of the Land Commission—

(a) that the applicant is in bona fide occupation of the parcel of untenanted land and uses and cultivates the same as an ordinary farmer in accordance with proper methods of husbandry; and

(b) that the rent payable by the applicant in respect of the parcel of untenanted land is equal to or exceeds what in the opinion of the Land Commission would have been the fair rent of the lands comprised in the parcel if the same had at the passing of the Land Act, 1923, constituted a holding held by the applicant as a statutory tenant thereof subject to a third term judicial rent; and

(c) that the applicant is willing to repurchase and that the parcel should be resold to the applicant,

the Land Commission may, unless in their opinion it is required for the relief of congestion, by order declare that the parcel of untenanted land shall vest in the Land Commission on the appointed day and the provisions of the Land Act, 1923, shall apply to such parcel in like manner and with the like consequences as if the parcel were situate in a congested districts county.