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Irish Land Act 1903

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62As to superior interest where security sufficient

(1)Where any land sold under the Land Purchase Acts is subject, in conjunction with other lands, to any superior interest and the Court is satisfied that, for a period of not less than twenty years prior to the sale, no payment has been made in respect of that interest by the owner of the land sold, and that the other lands subject thereto are a sufficient security therefor, the purchase money of such land may be distributed without regard thereto.

(2)Where in the like case the Court is satisfied that, for a period of not less than twenty years prior to the sale, payment in respect of a portion only of the superior interest has been made by the owner of the land sold, and that the other lands are a sufficient security for the balance thereof, the purchase money of the land sold may be distributed without regard to that balance.

(3)Where in the like case the Court is satisfied that the land sold is entitled to be indemnified against any claim in respect of a superior interest by other lands, and that the other lands are a sufficient security therefor, the Court may, upon such terms (if any) and in such manner as appears _ equitable, exclusively charge the whole of the superior interest upon the other lands.

(4)The foregoing provisions of this section shall apply with the necessary modifications to any superior interest or portion thereof affecting the land sold, or to the redemption money of such interest or portion, as if the same were land sold.

(5)This section shall not apply to any reversion or estate expectant on the determination of an estate tail or a base fee which is vested in the Crown.

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