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VENDOR AND PURCHASER ACT 1874

VENDOR AND PURCHASER ACT 1874 - LONG TITLE

An Act to amend the Law of Vendor and Purchaser, and further to
simplify Title to Land.
[7th August 1874]
Preamble rep. by SLR 1893 (No.2)

VENDOR AND PURCHASER ACT 1874 - SECT 1
Forty years substituted for sixty years as the root of title.

1. In the completion of any contract of sale of land, and subject
to any stipulation to the contrary in the contract, forty years
shall be substituted as the period of commencement of title which a
purchaser may require in place of sixty years, the present period
of such commencement; nevertheless earlier title than forty years may
be required in cases similar to those in which earlier title than
sixty years may now be required.

VENDOR AND PURCHASER ACT 1874 - SECT 2
Rules for regulating obligations and rights of vendor and purchaser.

2. In the completion of any such contract as aforesaid, and subject
to any stipulation to the contrary in the contract, the obligations
and rights of vendor and purchaser shall be regulated by the
following rules; that is to say,

First. Under a contract to grant or assign a term of years,
whether derived or to be derived out of a freehold or leasehold
estate, the intended lessee or assign shall not be entitled to call
for the title to the freehold.

Second. Recitals, statements, and descriptions of facts, matters, and
parties contained in deeds, instruments, Acts of Parliament, or
statutory declarations, twenty years old at the date of the
contract, shall, unless and except so far as they shall be proved
to be inaccurate, be taken to be sufficient evidence of the truth
of such facts, matters, and descriptions.

Third. The inability of the vendor to furnish the purchaser with a
legal covenant to produce and furnish copies of documents of title
shall not be an objection to title in case the purchaser will, on
the completion of the contract, have an equitable right to the
production of such documents.

Fourth. Such covenants for production as the purchaser can and shall
require shall be furnished at his expense, and the vendor shall
bear the expense of perusal and execution on behalf of and by
himself, and on behalf of and by necessary parties other than the
purchaser.

Fifth. Where the vendor retains any part of an estate to which any
documents of title relate he shall be entitled to retain such
documents.

Ss.37 rep. by 1881 c.41 ss.30(2), 73; 1893 c.53 s.51 sch.

VENDOR AND PURCHASER ACT 1874 - SECT 9
Vendor or purchaser may obtain decision of judge of High Court as
to requisitions or objections, or compensation, &c.

9. ...

A vendor or purchaser of real or leasehold estate in Ireland, or
their representatives respectively, may in like manner and for the
same purpose apply to a judge of the [High Court of Justice in
Northern Ireland] and the judge shall make such order upon the
application as to him shall appear just, and shall order how and
by whom all or any of the costs of and incident to the
application shall be borne and paid.

VENDOR AND PURCHASER ACT 1874 - SECT 10
Short title.

10. This Act... may be cited as "The Vendor and Purchaser Act,
1874."