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Statutes of Northern Ireland


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URL: http://www.bailii.org/nie/legis/num_act/lopaa1860278.txt

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LAW OF PROPERTY AMENDMENT ACT 1860

LAW OF PROPERTY AMENDMENT ACT 1860 - LONG TITLE

An Act to further amend the Law of Property.{1}
[23rd July 1860]
Restriction of effect of waiver.

LAW OF PROPERTY AMENDMENT ACT 1860 - SECT 6

6. Where any actual waiver of the benefit of any covenant or
condition in any lease on the part of any lessor, or his heirs,
executors, administrators, or assigns, shall be proved to have taken
place after the passing of this Act in any one particular instance,
such actual waiver shall not be assumed or deemed to extend to any
instance or any breach of covenant or condition other than that to
which such waiver shall specially relate, nor to be a general
waiver of the benefit of any such covenant or condition, unless an
intention to that effect shall appear.

LAW OF PROPERTY AMENDMENT ACT 1860 - SECT 7
Future and contingent uses to take effect by force of the original
estate, &c.

7. Where by any instrument any hereditaments have been or shall be
limited to uses, all uses thereunder, whether expressed or implied
by law, and whether immediate or future, or contingent or executory,
or to be declared under any power therein contained, shall take
effect when and as they arise by force of and by relation to the
estate and seisin originally vested in the person seised to the
uses; and the continued existence in him or elsewhere of any seisin
to uses or scintilla juris shall not be deemed necessary for the
support of or to give effect to future or contingent or executory
uses, nor shall any such seisin to uses or scintilla juris be
deemed to be suspended, or to remain or to subsist in him or
elsewhere.

S.8 amends s.24 of 1859 c.35 (22 & 23 Vict.). Ss.914 rep. by 1867
c.44 s.52 sch.A; 1889 c.32 s.8 sch.; SLR 1892; 1893 c.53 s.51
sch.; 1958 c.10 (NI) s.75 sch.; 1978 c.23 s.122(2) sch.7 Pt.I

LAW OF PROPERTY AMENDMENT ACT 1860 - SECT 15
Extent of Act.

15. This Act is not ..., except clause six and the subsequent
clauses, to extend to Ireland.


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URL: http://www.bailii.org/nie/legis/num_act/lopaa1860278.txt