The Encumbered Estates' Court was established by an Act of the

British Parliament The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy ...

in 1849, to facilitate the sale of Irish estates whose owners, because of the Great Famine, were unable to meet their obligations. It was given authority to sell estates on application from either the owner or an encumbrancer (somebody who had a claim on it) and, after the sale, distribute the proceeds among the creditors, granting clear title to the new owners. Frequently over-mortgaged land belonged to

trustees Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, is a synonym for anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility to t ...

holding it for the benefit of one or more occupiers, with the last in line holding an "entail" that stopped the land being sold. The 1849 Act allowed this Court to order sales of the land by ignoring entails. The economic need for the Court was caused by the impoverishment of many Irish tenant farmers during the 1840s famine, that made it impossible for them to pay their rents as agreed to a landlord, and in turn he could not make his mortgage payments. Until this Court was established, the lending bank could not get a court order to sell the mortgaged land because of the entail. An example of this is with the trustees of the estate of William Mellish, whose daughter Margaret had married The 2nd Earl of Glengall with a substantial inheritance. The trustees challenged the behaviour of the

Earl Earl () is a rank of the nobility in the United Kingdom. The title originates in the Old English word ''eorl'', meaning "a man of noble birth or rank". The word is cognate with the Scandinavian form ''jarl'', and meant "chieftain", particular ...

in 1847, and he was declared bankrupt in the same year. The trustees were able to sell much of the family estates in Ireland in 1853 through the Encumbered Estates' Court, although much of it was subsequently bought back. In 1858, the court's functions were assumed by the Landed Estates Court. The

Supreme Court of Judicature Act (Ireland) 1877 The Supreme Court of Judicature Act (Ireland) 1877 was an Act of the Parliament of the United Kingdom that brought about a major reorganisation of the superior courts in Ireland. It created a Supreme Court of Judicature, comprising the High Co ...

abolished this court and made its judges Land Judges of the

Chancery Division The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...

of the Supreme Court of Judicature. Responsibility for administration and initial proceedings was then transferred from the courts to the

Land Commission The Irish Land Commission was created by the British crown in 1843 to 'inquire into the occupation of the land in Ireland. The office of the commission was in Dublin Castle, and the records were, on its conclusion, deposited in the records tower t ...

, set up under the

Land Law (Ireland) Act 1881 The Land Law (Ireland) Act 1881 (44 & 45 Vict. c. 49) was the second Irish land act passed by the Parliament of the United Kingdom in 1881. Background The Liberal government of William Ewart Gladstone had previously passed the Landlord and Ten ...

.Estates in the County sold by the Encumbered Estates & Landed Estates Courts 1850-74
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References

{{Great Hunger Courts of Ireland before 1922 1849 establishments in Ireland Courts and tribunals established in 1849 1858 disestablishments in Ireland Courts and tribunals disestablished in 1858

See also

References