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SETTLED LAND ACT 1890

SETTLED LAND ACT 1890 - LONG TITLE

An Act to amend the Settled Land Acts, 1882 to 1889.
[18th August 1890]
Preliminary

SETTLED LAND ACT 1890 - SECT 1

1. This Act may be cited as the Settled Land Act, 1890.

SETTLED LAND ACT 1890 - SECT 2
Acts to be construed together.

2. The Settled Land Acts, 1882 to 1889, and this Act are to be
read and construed together as one Act....

SETTLED LAND ACT 1890 - SECT 3
Interpretation.

3. Expressions used in this Act are to have the same meanings as
those attached by the Settled Land Acts, 1882 to 1889, to similar
expressions used therein.

Instrument in consideration of marriage, &c. to be part of the
settlement.

SETTLED LAND ACT 1890 - SECT 4

4.(1) Every instrument whereby a tenant for life, in consideration
of marriage or as part or by way of any family arrangement, not
being a security for payment of money advanced, makes an assignment
of or creates a charge upon his estate or interest under the
settlement is to be deemed one of the instruments creating the
settlement, and not an instrument vesting in any person any right
as assignee for value within the meaning or operation of section
fifty of the Act of 1882.

(2) This section is to apply and have effect with respect to every
disposition before as well as after the passing of this Act, unless
inconsistent with the nature or terms of the disposition.

Creation of easements on exchange or partition.

SETTLED LAND ACT 1890 - SECT 5

5. On an exchange or partition any easement, right, or privilege of
any kind may be reserved or may be granted over or in relation to
the settled land or any part thereof, or other land or an
easement, right, or privilege of any kind may be given or taken in
exchange or in partition for land or for any other easement, right
or privilege of any kind.

Power to complete predecessor's contract.

SETTLED LAND ACT 1890 - SECT 6

6. A tenant for life may make any conveyance which is necessary or
proper for giving effect to a contract entered into by a
predecessor in title, and which, if made by such predecessor would
have been valid as against his successors in title.

Provision as to leases for 21 years.

SETTLED LAND ACT 1890 - SECT 7

7. A lease for a term not exceeding twenty-one years at the best
rent that can be reasonably obtained without fine, and whereby the
lessee is not exempted from punishment for waste, may be made by a
tenant for life

(i)Without any notice of an intention to make the same having been
given under section forty-five of the Act of 1882; and

(ii)Notwithstanding that there are no trustees of the settlement for
the purposes of the Settled Land Acts, 1882 to 1890; and

(iii)By any writing under hand only containing an agreement instead
of a covenant by the lessee for payment of rent in cases where
the term does not extend beyond three years from the date of the
writing.

SETTLED LAND ACT 1890 - SECT 8
Provision as to mining leases.

8. In a mining lease

(i)The rent may be made to vary according to the price of the
minerals or substances gotten, or any of them:

(ii)Such price may be the saleable value, or the price or value
appearing in any trade or market or other price list or return
from time to time, or may be the marketable value as ascertained
in any manner prescribed by the lease (including a reference to
arbitration), or may be an average of any such prices or values
taken during a specified period.

SETTLED LAND ACT 1890 - SECT 9
Power to reserve a rentcharge on a grant in fee simple.

9. Where, on a grant for building purposes by a tenant for life,
the land is expressed to be conveyed in fee simple with or subject
to a reservation thereout of a perpetual rent or rentcharge, the
reservation shall operate to create a rentcharge in fee simple
issuing out of the land conveyed, and having incidental thereto all
powers and remedies for recovery thereof conferred by section
forty-four of the Conveyancing and Law of Property Act, 1881, and
the rentcharge so created shall go and remain to the uses on the
trusts and subject to the powers and provisions which, immediately
before the conveyance, were subsisting with respect to the land out
of which it is reserved.

Restriction on sale of mansion.

SETTLED LAND ACT 1890 - SECT 10

10.Subs.(1) rep. by SLR 1908

(2) Notwithstanding anything contained in the Act of 1882, the
principal mansion house (if any) on any settled land, and the
pleasure grounds and park and lands (if any) usually occupied
therewith, shall not be sold, exchanged, or leased by the tenant
for life without the consent of the trustees of the settlement or
an order of the Court.

(3) Where a house is usually occupied as a farmhouse, or where the
site of any house and the pleasure grounds and park and lands (if
any) usually occupied therewith do not together exceed twenty-five
acres in extent, the house is not to be deemed a principal mansion
house within the meaning of this section.

Power to raise money by mortgage.

SETTLED LAND ACT 1890 - SECT 11

11.(1) Where money is required for the purpose of discharging an
incumbrance on the settled land or part thereof, the tenant for
life may raise the money so required, and also the amount properly
required for payment of the costs of the transaction on mortgage of
the settled land, or of any part thereof, by conveyance of the
fee-simple or other estate or interest the subject of the
settlement, or by creation of a term of years in the settled land,
or any part thereof, or otherwise, and the money so raised shall
be capital money for that purpose, and may be paid or applied
accordingly.

(2) Incumbrance in this section does not include any annual sum
payable only during a life or lives or during a term of years
absolute or determinable.

Provision enabling dealings with tenant for life.

SETTLED LAND ACT 1890 - SECT 12

12. Where a sale of settled land is to be made to the tenant for
life, or a purchase is to be made from him of land to be made
subject to the limitations of the settlement, or an exchange is to
be made with him of settled land for other land, or a partition
is to be made with him of land an undivided share whereof is
subject to the limitations of the settlement, the trustees of the
settlement shall stand in the place of and represent the tenant for
life, and shall, in addition to their powers as trustees, have all
the powers of the tenant for life in reference to negotiating and
completing the transaction.

Application of capital money.

SETTLED LAND ACT 1890 - SECT 13

13. Improvements authorised by the Act of 1882 shall include the
following; namely,

(i)Bridges;

(ii)Making any additions to or alterations in buildings reasonably
necessary or proper to enable the same to be let;

(iii)Erection of buildings in substitution for buildings within an
urban sanitary district taken by a local or other public authority,
or for buildings taken under compulsory powers, but so that no more
money be expended than the amount received for the building taken
and the site thereof;

(iv)The rebuilding of the principal mansion house on the settled
land: Provided that the sum to be applied under this sub-section
shall not exceed one-half of the annual rental of the settled land.

SETTLED LAND ACT 1890 - SECT 14
Capital money in Court may be paid out to trustees.

14. All or any part of any capital money paid into Court may, if
the Court thinks fit, be at any time paid out to the trustees of
the settlement for the purposes of the Settled Land Acts, 1882 to
1890.

SETTLED LAND ACT 1890 - SECT 15
Court may order payment for improvements executed.

15. The Court may, in any case where it appears proper, make an
order directing or authorising capital money to be applied in or
towards payment for any improvement authorised by the Settled Land
Acts, 1882 to 1890, notwithstanding that a scheme was not, before
the execution of the improvement, submitted for approval, as required
by the Act of 1882, to the trustees of the settlement or to the
Court.

Trustees for the purposes of the Act.

SETTLED LAND ACT 1890 - SECT 16

16. Where there are for the time being no trustees of the
settlement within the meaning and for the purposes of the Act of
1882, then the following persons shall, for the purposes of the
Settled Land Acts, 1882 to 1890, be trustees of the settlement;
namely,

(i)The persons (if any) who are for the time being under the
settlement trustees, with power of or upon trust for sale of any
other land comprised in the settlement and subject to the same
limitations as the land to be sold, or with power of consent to
or approval of the exercise of such a power of sale, or, if there
be no such persons, then

(ii)The persons (if any) who are for the time being under the
settlement trustees, with future power of sale, or under a future
trust for sale of the land to be sold, or with power of consent
to or approval of the exercise of such a future power of sale,
and whether the power or trust takes effect in all events or not.

S.17 rep. by 1893 c.53 s.51 sch. S.18 rep. by SLR (NI) 1954

SETTLED LAND ACT 1890 - SECT 19
Power to vacate registration of writ.

19. The registration of a writ or order affecting land may be
vacated pursuant to an order of the High Court or any judge
thereof.