Settlements of Land in Ireland
Land through the ages was one of the most important measures of wealth. All the benefits associated with the upper class in the UK were tied up with land. Peerage and the right to vote were the most important of these but land was also a status of wealth and power. The onset of the industrial age diminished the importance of land as a source of wealth. Stocks and shares were a new means of extracting extortionist profits. Families sought means by which to ensure that the land their families had built up remained in the family. When the land was passed from one generation to the next there were fears that an idle heir would waste the good work of generations of the family. The main tool used to prevent this was a settlement of land. S2(1) of the 1882 Settled Land Acts defines a settlement as: “… any land or any estate or interest in land, which stands for the time being limited to, or in trust for, any persons by way of succession.” Trust for sale is an example of a settlement. Real or personal property was transferred by the owner by deed or will to trustees for sale. The benefits of sale were held for future generations. In the case of land, the status associated with title was for
Abuse of the Tenant for Life’s Powers Where the tenant is under the age of majority, he will not exercise his powers, so again the trustee must intervene, per s60. Dealing with infants, as in real life, is difficult for the law and allowances have to be made. Settlements are no exception to this and s59 of the act makes reference to this. Where an infant is entitled in possession the land is deemed to be settled land even if the child is entitled to a fee simple over the land. In such an instance the trustees will deal with the land on behalf of the infant to realise its full commercial potential. A purchaser would be reluctant to deal with a minor, as any agreement reached is voidable once the minor reached the age of majority.
Some topics in this essay:
Land Acts,
Lord Chancellor,
Settled Estates,
Ireland Act,
Lacon’s Settlement,
Strict Settlement,
Disadvantages Omitting,
Rents Act,
Introduction Land,
Chirnside Chirnside,
settled land,
exercise powers,
land acts,
settled land acts,
tenant life,
1882 act,
1890 act,
powers tenant,
power sale,
trustees settlement,
situations tenant,
exercise powers tenant,
1916 1 ch,
tenant apply courts,
settlement strict settlement,
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Approximate Word count = 5399
Approximate Pages = 22 (250 words per page double spaced)
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