[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/rpa1845178.txt

[New search] [Help]

REAL PROPERTY ACT 1845

REAL PROPERTY ACT 1845 - LONG TITLE

An Act to amend the Law of Real Property.{1}
[4th August 1845]
S.1 rep. by SLR 1875

REAL PROPERTY ACT 1845 - SECT 2
Corporeal tenements to lie in grant as well as in livery.

2. After the first day of October one thousand eight hundred and
forty-five all corporeal tenements and hereditaments shall, as regards
the conveyance of the immediate freehold thereof, be deemed to lie
in grant as well as in livery;....

REAL PROPERTY ACT 1845 - SECT 3
Feoffments, partitions, exchanges, leases, assignments, and surrenders
(subject to certain exceptions) to be by deed.

3. A feoffment made after the said first day of October one
thousand eight hundred and forty-five, other than a feoffment made
under a custom by an infant, shall be void at law, unless
evidenced by deed; and a partition and an exchange of any tenements
or hereditaments,..., and a lease, required by law to be in
writing, of any tenements or hereditaments, and an assignment of a
chattel interest, ..., in any tenements or hereditaments, and a
surrender in writing of an interest in any tenements or
hereditaments, not being a copyhold interest, and not being an
interest which might by law have been created without writing, made
after the said first day of October one thousand eight hundred and
forty-five, shall also be void at law, unless made by deed:
Provided always, that the said enactment, so far as the same
relates to a release or a surrender, shall not extend to Ireland.

REAL PROPERTY ACT 1845 - SECT 4
Operation of feoffments, &c.

4. A feoffment made after the said first day of October one
thousand eight hundred and forty-five shall not have any tortious
operation; and an exchange or a partition of any tenements or
hereditaments, made by deed executed after the said first day of
October one thousand eight hundred and forty-five, shall not imply
any condition in law; and the word "give" or the word "grant," in
a deed executed after the same day, shall not imply any covenant
in law in respect of any tenements or hereditaments, except so far
as the word "give" or the word "grant" may by force of any Act
of Parliament imply a covenant.

REAL PROPERTY ACT 1845 - SECT 5
Strangers may take immediately under an indenture; and a deed
purporting to be an indenture shall take effect as such.

5. Under an indenture executed after the first day of October one
thousand eight hundred and forty-five an immediate estate or interest
in any tenements or hereditaments, and the benefit of a condition
or covenant respecting any tenements or hereditaments, may be taken,
although the taker thereof be not named a party to the same
indenture; also, a deed executed after the said first day of
October one thousand eight hundred and forty-five, purporting to be
an indenture, shall have the effect of an indenture, although not
actually indented.

REAL PROPERTY ACT 1845 - SECT 6
Contingent and other like interests, shall be alienable by deed,
saving estates tail.

6. After the first day of October one thousand eight hundred and
forty-five a contingent, an executory, and a future interest, and a
possibility coupled with an interest, in any tenements or
hereditaments of any tenure, whether the object of the gift or
limitation of such interest or possibility be or be not
ascertained,... may be disposed of by deed; but no such disposition
shall by force only of this Act defeat or enlarge an estate
tail;....

REAL PROPERTY ACT 1845 - SECT 8
Contingent remainders protected as from 31 Dec. 1844 against the
premature failure of a preceding estate.

8. A contingent remainder existing at any time after the
thirty-first day of December one thousand eight hundred and
forty-four shall be, and, if created before the passing of this
Act, shall be deemed to have been, capable of taking effect,
notwithstanding the determination, by forfeiture, surrender, or merger,
of any preceding estate of freehold, in the same manner in all
respects as if such determination had not happened.

REAL PROPERTY ACT 1845 - SECT 9
When the reversion on a lease is gone the next estate to be
deemed the reversion.

9. When the reversion expectant on a lease, made either before or
after the passing of this Act, of any tenements or hereditaments of
any tenure, shall after the said first day of October one thousand
eight hundred and forty-five be surrendered or merge, the estate
which shall for the time being confer as against the tenant under
the same lease the next vested right to the same tenements or
hereditaments shall, to the extent and for the purpose of preserving
such incidents to and obligations on the same reversion as but for
the surrender or merger thereof would have subsisted, be deemed the
reversion expectant on the same lease.