Settled Land Act 1890

JurisdictionUK Non-devolved
Citation1890 c. 69


Settled Land Act, 1890

(53 & 54 Vict.) CHAPTER 69.

An Act to amend the Settled Land Acts, 1882 to 1889.

[18th August 1890]

B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Preliminary.

Preliminary.

S-1 Short title.

1 Short title.

1. This Act may be cited as theSettled Land Act, 1890.

S-2 Acts to be construed together.

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, and may be cited as the Settled Land Acts, 1882 to 1890.

S-3 Interpretation.

3 Interpretation.

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

Definitions.

Definitions.

S-4 Instrument in consideration of marriage, &c. to be part of the settlement.

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

(1)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) (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.

Exchanges.

Exchanges.

S-5 Creation of easements on exchange or partition.

5 Creation of easements on exchange or partition.

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 on partition for land or for any other easement, right, or privilege of any kind.

Completion of Contracts.

Completion of Contracts.

S-6 Power to complete predecessor's contract.

6 Power to complete predecessor's contract.

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.

Leases.

Leases.

S-7 Provision as to leases for 21 years.

7 Provision as to leases for 21 years.

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.

S-8 Provision as to mining leases.

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.

S-9 Power to reserve a rentcharge on a grant in fee simple.

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.

Mansion and Park.

Mansion and Park.

S-10 Restriction on sale of mansion.

10 Restriction on sale of mansion.

(1)10.—(1.) From and after the passing of this Act section fifteen of the Act of 1882, relating to the sale or leasing of the principal mansion house, shall be and the same is hereby repealed.

(2) (2.) Notwithstanding anything contained in the Act of 1882, the principal mansion house (if any) on any settled land, and...

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