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Landed Estates Court

Defined in 2 dictionaries — Bouvier (1914), Black's (1891)

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

In English Law. Tribunals established by statute for the purpose of disposing more promptly and easily than could be done through the ordinary Judicial machinery, of incumbered real estate. These courts were first established in Ireland by the act of 11 & 12 Viet c. 48, which being defective was followed by 12 & 13 Viet c. 77. The purpose of these was to enable the owner, or a lessee for any less than 63 years unexplred, of land subject to sale. This court was called the Incumbered Estates Court. A new tribunal called the Landed Estates Court was created by 21 & 22 Viet c. 72, which abolished the former court and established a permanent tribunal. It is said that these statutes facilitated a great revolution in the tenure of land in Ireland, supplyhig the means by which a great part of the soil passed rapidly from cottier tenants and an embarrassed and non-resident gentry to capitalist farmers and to landlords who cultivated the soil themselves. The result was agricultural prosperity. but great hardship to the tenants, upon whom in Ireland rested the burden of I)ermanent improvements which elsewhere would be borne by the landlord. The sales under the Landed Estates Act deprived the tenants of opportunity to make claim for compensation in the adjustment of reqt. Demands for increased rent under penalty of eviction compelled small farmers to emigrate, move to the towns, or remain as servants on their old farms. The acts of retaliation for these changes led to the passage of the Irl.sh I/and Act of 1870, followed by that of 1881. Under the latter the tenant farmers obtained very unexampled privileges, and a new court was created for fixing rent. See Int. Cyc., tit. Incumbered Estates Court, and authorities there cited. A similar court was established for West Indian estates by 17 & 18 Viet. c. 117, the sittings of which were held at Westminster.

A Dictionary of Law

Henry Campbell Black · 1891

The court whieh deals with the transfer of land and the creation of title thereto in Ireland.