In order to determine the question of whether the land is inhabited land within the meaning of this Act or not, the actual situation and limitations of the settlement at the time the settlement takes effect shall be taken into account. In any such case, the provisions of this Act relating to a tenant for life, whether as a power of attorney to him or otherwise, and to the settlement and settled land, shall extend to each of the persons aforesaid, and to the deed by which his possession or interest arises, and to the land it comprises. Capital money arising from this Act and claims for funds and settlement purposes are referred to in this Act as capital money arising from this Act.
A lease to give effect to a covenant of renewal, the enforcement of which could be enforced against the owner for the time being of the settled land; and. Notwithstanding anything in this Act, the principal house of residence on any land settled, and its tenements, and other lands ordinarily occupied thereon, shall not be sold or leased by the tenant for ever, without the consent of the trustees of domicile, or a Court order. It may provide that the parts so acquired shall be conveyed or given to the trustees of the settlement, or other trustees, or to any society or public body, in trusts or subject to provisions for the provision of their continuous acquisition.
Where money is required for equality of exchange or division, the tenant may for life the same on the mortgage of the settled land, or of any part thereof, by transfer of the fee-simple, or other estate or interest the subject of the settlement, or by the creation of a term of years in the settled land, or otherwise, and the money raised is capital money arising in terms of this Act. Insanity Act of or any Act amending or replacing that Act, the committee of his estate or the Curator in Insanity, as the case may be, in his name and on his behalf, by virtue of an order of the Court, may exercise the powers of a exercise tenant for life under this Act; and the order may be made at the request of any person interested in the settled land, or of the committee of the estate, or of the Curator. Upon dismissal, purchase or redemption of charges affecting the inheritance of the established land, or other the entire estate affecting the subject of the settlement;.
On the purchase of the reversion or freehold in fee of any part of the vested land, being leasehold held for years, or life, or years determinable for life;. f). In payment of costs, charges and expenses of or in addition to the exercise of any of the powers, or the execution of any of the provisions, of this Act;. j). 1) Capital money arising under this Act shall, in order to be invested or applied as aforesaid, either to the trustees of the settlement or in court, at the option of the lessee for life, and shall be invested or applied be by the trustees, or under the direction of the Court, as the case may be, accordingly.
When tenant is the sole trustee of the settlement for life, sanction of the Court is required. When the tenant for life is the sole trustee of the settlement, or the tenants for life, being two or more, are the sole trustees of the settlement, or there is no trustee of the settlement, the powers conferred by this Act on a tenant is granted. for life shall not be exercised without the approval of the Court. Such letter must be posted not less than three months before the making by the tenant for life of the sale, exchange, partition, lease, mortgage, or charge, or the contract therefor.
If at any time a difference arises between the life tenant and the trustees of the settlement as to the exercise of any power under this Act or as to any matter connected therewith, the court may, on the application of either party, make such directions taking into account the difference and taking into account the costs of the application as ('rmrt) seems appropriate. An order under this section may be made on a summons or petition, or, if the settlement is a will and the executors are also, if, under the settlement, money is in the hands of receivers and is to be applied to the purchase of land subject to the settlement, then it may in addition to the powers of dealing therewith as the trustees have independently of this Act, they may, at the option of the life tenant, invest or use the same as capital money arising under this Act.
An application to the Court under this section may be made by the tenant for life, or by the persons or one or more of the persons who together constitute the tenant for life, within the meaning of the last preceding section, but only one;. h).
Persons dealing with registered proprietor not bound to inquire
Courtesy tenant's estate, meaning of expression Evidence of facts relating to tenancies. Pur autre vie, tenant, when there are powers of the tenant for the life of the Buyer, etc., the protection of. Timber, lessee for life, disposal of proceeds of sale Transfer of lien on sale, etc., of settled land.
