Northern Ireland Land Act 1925

18 Sub-division of holdings containing building ground, Section

(1) Where an objection is made to any such provisional list as aforesaid by reason of the inclusion or non-inclusion in the list of a holding, then, if the Commission consider that the holding ought to be included in the list but for the fact that it possesses a substantial value or utility as building ground, and that that value or utility is attributable to a distinct and substantive part of the holding, the Commission may by order direct that the holding shall be sub-divided, and that that part of the holding and the remainder of the holding shall become separate holdings, and that the one shall not be and the other shall be included in the list, and may apportion between such separate holdings the rent payable in respect of the entire holding..

(2) The portion of the rent so apportioned to each part of the holding shall be treated as a first, second, or third-term judicial rent or as a non-judicial rent, according to the character of the rent payable in respect of the entire holding, and each separate holding shall be held by the like tenure and upon the like terms and conditions as those by and upon which the entire holding was held, subject to such modifications and adjustments, if any, as may appear to the Commission to be necessary or proper.

(3) The powers of the Commission under the foregoing provisions of this section may be exercised by the Court of Appeal on an appeal from a decision of the Commission on any such objection to a provisional list, and the Court of Appeal may, where their decision necessitates an apportionment or an alteration of an apportionment made by the Commission, refer the case back to the Commission for the making of the apportionment required.