State Property Act 1954
Disclaimer of certain land devolving on the State by way of escheat or as bona vacantia.
32.—(1) Where on or after the operative date the grantee's interest under a fee farm grant (in this subsection referred to as the fee farm interest) devolves on the State by way of escheat, the Minister may, by warrant under his official seal, disclaim, on behalf of the State, the right of the State to the fee farm interest, and thereupon the following provisions shall have effect, that is to say—
(a) the liability of the State to pay, in respect of any period commencing on or after the date of the warrant, the rent reserved by the fee farm grant shall cease;
(b) the warrant shall operate to vest the fee farm interest in the same persons, for the same estates and interests and subject to the same uses, trusts, provisos and agreements as the grantor's interest under the said fee farm grant was vested in and subject to immediately before the date of the said warrant.
(2) Where on or after the operative date the lessee's interest under a lease (in this subsection referred to as the leasehold interest) becomes the property of the State as bona vacantia, the Minister may, if he thinks fit, by warrant under his official seal disclaim, on behalf of the State, the right of the State to the leasehold interest, and thereupon, the following provisions shall have effect, that is to say—
(a) the liability of the State to pay, in respect of any period commencing on or after the date of the warrant, the rent reserved by the lease shall cease;
(b) the warrant shall operate to vest the leasehold interest in the same persons, for the same estates and interests and subject to the same uses, trusts, provisos and agreements as the reversion expectant on the said lease was vested in and subject to immediately before the date of the said warrant or, if the said reversion is an estate of inheritance in fee simple, as near thereto as the different natures of the leasehold interest and the said reversion will admit.
(3) Where—
(a) the Minister disclaims by warrant under this section the right of the State to the grantee's interest under a fee farm grant or the lessee's interest under a lease, and
(b) such interest was at the date of the warrant subject to any charges, incumbrances or claims (other than under the said fee farm grant or lease),
such interest shall, on and after the said date, continue to be so subject.
Annotations:
Modifications (not altering text):
C12
Application of section extended (1.01.1967) by Succession Act 1965 (27/1965), s. 73(3), S.I. No. 168 of 1966.
State as ultimate intestate successor.
73.—(1) In default of any person taking the estate of an intestate, whether under this Part or otherwise, the State shall take the estate as ultimate intestate successor.
(2) The Minister for Finance may, if he thinks proper to do so, waive, in whole or in part and in favour of such person and upon such terms (whether including or not including the payment of money) as he thinks proper having regard to all the circumstances of the case, the right of the State under this section.
(3) Section 32 of the State Property Act, 1954 (which provides for the disclaimer of certain land devolving on the State by way of escheat or as bona vacantia) shall extend to the grantee's interest under a fee farm grant and the lessee's interest under a lease, where the State has a right to such interest as ultimate intestate successor.