Encumbered estates sales brochures

  • 29th May 2019
  • News

In 1849 the Incumbered Estates Court was established by act of parliament. Any estates to be sold had to be incumbered, and could only be sold without the consent of the owner if the level of debt was greater than half it’s annual income, or the estate was in receivership. By 1854 most of the petitions were being filed by heirs and assigns of only marginally incumbered estates using the Commission’s procedure as a quick way of winding up an estate as it was much faster than the Court of Chancery.

This led to the Commission being replaced by the Landed Estates Court in 1858 to allow unincumbered, or only marginally incumbered estates to be sold.

Part of the preparation for selling an estate was the printing of a sales brochure, giving details about the history of the property, its tenants and their holdings and tenure. Maps were included. This is part of the brochure for the Richard Flood Smith estate in Lower Ormonde & Kilnamanagh. The full brochure can be viewed at http://tipperarystudies.ie/digitisation-project/incumbered-estate/

A notice was also inserted in the papers. This notice is from The Clonmel Chronicle, October 21st 1863

lacka sale notice