Land And Conveyancing Law Reform Act 2009

Land And Conveyancing Law Reform Act 2009 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2009 Land And Conveyancing Law Reform Act 2009 Land And Conveyancing Law Reform Act 2009 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 27 of 2009 LAND AND CONVEYANCING LAW REFORM ACT 2009 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title. 2. Commencement. 3. Interpretation generally. 4. Service of notices. 5. Regulations. 6. Offences. 7. Expenses. 8. Amendments and repeals. PART 2 Ownership of Land 9. Ownership and abolition of feudal tenure. 10. Estates and interests in land. 11. Restrictions on legal estates and interests. 12. Prohibition of fee farm grants. 13. Abolition of the fee tail. 14. Prohibition of leases for lives. PART 3 Future Interests 15. Operation of future interests in land. 16. Abolition of various rules. 17. Scope of section 16. PART 4 Trusts of Land 18. Trusts of land. 19. Trustees of land. 20. Powers of trustees of land. 21. Overreaching for protection of purchasers. 22. Resolution of disputes. PART 5 Variation of Trusts 23. Interpretation of Part 5. 24. Jurisdiction of court to vary, etc. trusts. PART 6 Powers 25. Application of Part 6. 26. Execution of non-testamentary powers of appointment. 27. Release of powers. 28. Disclaimer of powers. 29. Validation of appointments. PART 7 Co-Ownership 30. Unilateral severance of a joint tenancy. 31. Court orders. 32. Bodies corporate. PART 8 Appurtenant Rights Chapter 1 Easements and profits à prendre 33. Interpretation of Chapter 1. 34. Abolition of certain methods of prescription. 35. Acquisition of easements and profits à prendre by prescription. 36. Tenancies. 37. Incapacity. 38. Application of sections 34 to 37. 39. Extinguishment. 40. Implied grant. Chapter 2 Rentcharges 41. Prohibition of certain rentcharges. 42. Enforcement of rentcharges. Chapter 3 Party structures 43. Interpretation of Chapter 3. 44. Rights of building owner. 45. Works orders. 46. Terms and conditions of works orders. 47. Discharge or modification of works orders. Chapter 4 Freehold covenants 48. Interpretation of Chapter 4. 49. Enforceability of freehold covenants. 50. Discharge and modification. PART 9 Contracts and Conveyances Chapter 1 Contracts relating to land 51. Evidence in writing. 52. Passing of beneficial interest. 53. Abolition of the Rule in Bain v. Fothergill. 54. Order for return of deposit. 55. Vendor and purchaser summons. Chapter 2 Title 56. Root of title. 57. Tenancies. 58. Other conditions of title. 59. Protection of purchasers. 60. Fraudulent concealment and falsification. 61. Notice of rights on common title. Chapter 3 Deeds and their operation 62. Conveyances by deed only. 63. Exceptions to deeds. 64. Formalities for deeds. 65. Escrows by corporate bodies. 66. Conveyance to oneself. 67. Words of limitation. 68. Extinguishment of certain interests. 69. Reservations. 70. Benefit of deeds. 71. Features and rights conveyed with land. 72. Supplemental instruments. 73. Partial releases. 74. Fraudulent dispositions. Chapter 4 Contents of deeds 75. Construction of instruments. 76. All estate clause. 77. Receipts in deeds. 78. Conditions and covenants not implied. 79. Scope of sections 80 and 81. 80. Covenants for title. 81. Additional covenants for land comprised in a lease. 82. Covenants by or with two or more persons. 83. Covenants by person jointly with others. 84. Production and safe custody of documents. 85. Notices. Chapter 5 General provisions 86. Restrictions on constructive notice. 87. Court orders. 88. Regulations for Part 9. PART 10 Mortgages Chapter 1 Creation of mortgages 89. Legal mortgages. 90. Position of mortgagor and mortgagee. Chapter 2 Powers and rights of mortgagor 91. Documents of title. 92. Restriction on consolidation of certain mortgages. 93. Transfer in lieu of discharge. 94. Court order for sale. 95. Advances on joint account. Chapter 3 Obligations, powers and rights of mortgagee 96. Powers and rights generally. 97. Taking possession. 98. Abandoned property. 99. Mortgagee in possession. 100. Power of sale. 101. Applications under sections 97 and 100. 102. Incidental powers. 103. Obligations on selling. 104. Conveyance on sale. 105. Protection of purchasers. 106. Mortgagee’s receipts. 107. Application of proceeds of sale. 108. Appointment of receiver. 109. Application of money received. 110. Insurance. 111. Future advances. Chapter 4 Leases and surrenders of leases 112. Leasing powers. 113. Exercise of leasing powers. 114. Surrenders. PART 11 Judgment Mortgages 115. Interpretation of Part 11. 116. Registration of judgment mortgages. 117. Effect of registration. 118. Extinguishment of judgment mortgages. 119. Amendment of section 32 of the Act of 1957. PART 12 LIS PENDENS 120. Interpretation of Part 12. 121. Register of lis pendens. 122. Cancellation of entry in register. 123. Court order to vacate lis pendens. 124. Transitional. 125. Protection of purchasers. 126. Amendment of Second Schedule to Courts and Court Officers Act 1995. PART 13 Amendments to Registration of Title Act 1964 127. Amendment of section 3. 128. Substitution of section 25. 129. Amendment of section 69. 130. Amendment of section 71. PART 14 Miscellaneous 131. Interpretation (Part 14). 132. Review of rent in certain cases. 133. Abolition of power to seize a tenancy. SCHEDULE 1 Amendments SCHEDULE 2 Repeals PART 1 Pre-Union Irish Statutes PART 2 Statutes of England PART 3 Statute of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 PART 5 Acts of the Oireachtas SCHEDULE 3 Covenants Implied in Conveyances PART 1 Extent of the Burden of Covenants PART 2 Implied Covenants PART 3 Additional Implied Covenants for Land Comprised in a Lease Acts Referred to Accumulations Act 1892 55 & 56 Vic. c. 58 Administration of Justice Act 1707 6 Anne c. 10 Bankruptcy Act 1988 1988, No. 27 Bodies Corporate (Joint Tenancy) Act 1899 62 & 63 Vic. c. 20 Boundaries Act 1721 8 Geo. 1 c. 5 Building Societies Act 1989 1989, No. 17 Capital Acquisitions Tax Consolidation Act 2003 2003, No. 1 Central Bank and Financial Services Authority of Ireland Act 2004 2004, No. 21 Charities Act 1961 1961, No. 17 Charities Act 1973 1973, No. 13 Charities Act 2009 2009, No. 6 Chief Rents Redemption (Ireland) Act 1864 27 & 28 Vic. c. 38 Circuit Court (Registration of Judgments) Act 1937 1937, No. 3 Clandestine Mortgages Act 1697 9 Will. 3 c. 11 Commons Act 1789 29 Geo. 3 c. 30 Commons Act 1791 31 Geo. 3 c. 38 Companies Act 1963 1963, No. 33 Consumer Credit Act 1995 1995, No. 24 Contingent Remainders Act 1877 40 & 41 Vic. c. 33 Conveyancing Act 1634 10 Chas. 1 sess. 2 c. 3 Conveyancing Act 1881 44 & 45 Vic. c. 41 Conveyancing Act 1882 45 & 46 Vic. c. 39 Conveyancing Act 1911 1 & 2 Geo. 5 c. 37 Conveyancing Acts 1881 to 1911 Copyhold Act 1843 6 & 7 Vic. c. 23 Copyhold Act 1844 7 & 8 Vic. c. 55 Copyhold Act 1852 15 & 16 Vic. c. 51 Copyhold Act 1858 21 & 22 Vic. c. 94 Copyhold Act 1887 50 & 51 Vic. c. 73 County Hospitals (Amendment) Act 1767 7 Geo. 3 c. 8 County Hospitals Act 1765 5 Geo. 3 c. 20 County Hospitals Act 1777 17 & 18 Geo. 3 c. 15 Courts Act 1981 1981, No. 11 Courts and Court Officers Act 1995 1995, No. 31 Courts (Supplemental Provisions) Act 1961 1961, No. 39 Criminal Justice (Theft and Fraud Offences) Act 2001 2001, No. 50 Crown Land Act 1819 59 Geo. 3 c. 94 Crown Land Revenues Act 1854 17 & 18 Vic. c. 68 Crown Lands Act 1823 4 Geo. 4 c. 18 Crown Lands Act 1825 6 Geo. 4 c. 17 Crown Lands Act 1841 5 Vic. c. 1 Crown Lands Act 1845 8 & 9 Vic. c. 99 Crown Lands Act 1848 11 & 12 Vic. c. 102 Crown Lands Act 1851 14 & 15 Vic. c. 42 Crown Lands Act 1852 15 & 16 Vic. c. 62 Crown Lands Act 1853 16 & 17 Vic. c. 56 Crown Lands Act 1866 29 & 30 Vic. c. 62 Crown Lands Act 1873 36 & 37 Vic. c. 36 Crown Lands Act 1885 48 & 49 Vic. c. 79 Crown Lands Act 1894 57 & 58 Vic. c. 43 Crown Lands Act 1906 6 Edw. 7 c. 28 Crown Lands Act 1913 3 & 4 Geo. 5 c. 8 Crown Lands (Ireland) Act 1822 3 Geo. 4 c. 63 Crown Private Estate Act 1800 39 & 40 Geo. 3 c. 88 Crown Private Estates Act 1862 25 & 26 Vic. c. 37 Crown Private Estates Act 1873 36 & 37 Vic. c. 61 Drainage (Ireland) Act 1842 5 & 6 Vic. c. 89 Drainage (Ireland) Act 1845 8 & 9 Vic. c. 69 Drainage (Ireland) Act 1846 9 & 10 Vic. c. 4 Drainage (Ireland) Act 1847 10 & 11 Vic. c. 79 Drainage (Ireland) Act 1856 19 & 20 Vic. c. 62 Drainage and Improvement of Land (Ireland) Act 1866 29 & 30 Vic. c. 40 Drainage and Improvement of Land (Ireland) Act 1892 55 & 56 Vic. c. 65 Drainage and Improvement of Lands (Ireland) Act 1853 16 & 17 Vic. c. 130 Drainage and Improvement of Lands (Ireland) Act 1855 18 & 19 Vic. c. 110 Drainage and Improvement of Lands (Ireland) Act 1864 27 & 28 Vic. c. 72 Drainage and Improvement of Lands (Ireland) Act 1878 41 & 42 Vic. c. 59 Drainage and Improvement of Lands Act (Ireland) 1863 26 & 27 Vic. c. 88 Drainage and Improvement of Lands Amendment Act (Ireland) 1865 28 & 29 Vic. c. 52 Drainage and Improvement of Lands Amendment Act, Ireland 1869 32 & 33 Vic. c. 72 Drainage and Improvement of Lands Amendment Act (Ireland) 1872 35 & 36 Vic. c. 31 Drainage and Improvement of Lands Amendment Act (Ireland) 1874 37 & 38 Vic. c. 32 Drainage and Improvement of Lands Supplemental Act Ireland 1864 27 & 28 Vic. c. 107 Drainage and Improvement of Lands Supplemental Act (No. 2 Ireland) 1865 28 & 29 Vic. c. 53 Drainage and Improvement of Lands Supplemental Act (Ireland) 1866 29 & 30 Vic. c. 61 Drainage and Improvement of Lands Supplemental Act (Ireland) 1867 30 & 31 Vic. c. 43 Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867 30 & 31 Vic. c. 139 Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 3) 1867 31 & 32 Vic. c. 3 Drainage Maintenance Act 1866 29 & 30 Vic. c. 49 Ecclesiastical Lands Act 1634 10 & 11 Chas. 1 c. 3 Ecclesiastical Lands Act 1795 35 Geo. 3 c. 23 Electronic Commerce Act 2000 2000, No. 27 Family Home Protection Act 1976 1976, No. 27 Family Law Act 1995 1995, No. 26 Family Law (Divorce) Act 1996 1996, No. 33 Fee-Farm Rents (Ireland) Act 1851 14 & 15 Vic. c. 20 Fines and Recoveries (Ireland) Act 1834 4 & 5 Will. 4 c. 92 Fines and Recoveries Act 1833 3 & 4 Will. 4 c. 74 Forfeiture Act 1639 15 Chas. 1 c. 3 Harbours Act 1946 1946, No. 9 Hospitals Act 1761 1 Geo. 3 c. 8 Housing Act 1966 1966, No. 21 Housing (Gaeltacht) Act 1929 1929, No. 41 Housing (Miscellaneous Provisions) Act 1992 1992, No. 18 Housing (Miscellaneous Provisions) Act 2002 2002, No. 9 Housing (Private Rented Dwellings) Act 1982 1982, No. 6 Illusory Appointments Act 1830 11 Geo. 4 & 1 Will. 4 c. 46 Improvement of Land Act 1864 27 & 28 Vic. c. 114 Improvement of Land Act 1899 62 & 63 Vic. c. 46 Inheritance Act 1833 3 & 4 Will. 4 c. 106 Interpretation Act 2005 2005, No. 23 Judgment Mortgage (Ireland) Act 1850 13 & 14 Vic. c. 29 Judgment Mortgage (Ireland) Act 1858 21 & 22 Vic. c. 105 Judgments (Ireland) Act 1844 7 & 8 Vic. c. 90 Judgments Registry (Ireland) Act 1871 34 & 35 Vic. c. 72 Land Debentures (Ireland) Act 1865 28 & 29 Vic. c. 101 Land Drainage Act 1845 8 & 9 Vic. c. 56 Land Drainage Act (Ireland) 1863 26 & 27 Vic. c. 26 Landed Estates Court (Ireland) Act 1858 21 & 22 Vic. c. 72 Landed Estates Court (Ireland) Act 1861 24 & 25 Vic. c. 123 Landed Estates Court Act 1866 29 & 30 Vic. c. 99 Landed Property (Ireland) Improvement Act 1860 23 & 24 Vic. c. 153 Landed Property Improvement (Ireland) Act 1847 10 & 11 Vic. c. 32 Landed Property Improvement (Ireland) Act 1849 12 & 13 Vic. c. 59 Landed Property Improvement (Ireland) Act 1852 15 & 16 Vic. c. 34 Landed Property Improvement (Ireland) Act 1862 25 & 26 Vic. c. 29 Landed Property Improvement (Ireland) Act 1866 29 & 30 Vic. c. 26 Landlord and Tenant (Amendment) Act 1980 1980, No. 10 Landlord and Tenant (Ground Rents) Act 1967 1967, No. 3 Law of Property Amendment Act 1859 22 & 23 Vic. c. 35 Law of Property Amendment Act 1860 23 & 24 Vic. c. 38 Leases Act 1849 12 & 13 Vic. c. 26 Leases by Schools Act 1781 21 & 22 Geo. 3 c. 27 Leases by Schools Act 1785 25 Geo. 3 c. 55 Leases for Corn Mills Act 1785 25 Geo. 3 c. 62 Leases for Cotton Manufacture Act 1800 40 Geo. 3 c. 90 Leases for Lives Act 1777 17 & 18 Geo. 3 c. 49 Leases for Mills (Ireland) Act 1851 14 & 15 Vic. c. 7 Leases for Schools (Ireland) Act 1881 44 & 45 Vic. c. 65 Leasing Powers for Religious Worship in Ireland Act 1855 18 & 19 Vic. c. 39 Leasing Powers Amendment Act for Religious Purposes in Ireland 1875 38 & 39 Vic. c. 11 Life Estates Act 1695 7 Will. 3 c. 8 Limited Owners Reservoirs and Water Supply Further Facilities Act 1877 40 & 41 Vic. c. 31 Lis Pendens Act 1867 30 & 31 Vic. c. 47 Maintenance and Embracery Act 1634 10 Chas. 1 sess. 3 c. 15 Married Women’s Status Act 1957 1957, No. 5 Minerals Development Act 1940 1940, No. 31 Mines (Ireland) Act 1806 46 Geo. 3 c. 71 Mining Leases Act 1723 10 Geo. 1 c. 5 Mining Leases Act 1741 15 Geo. 2 c. 10 Mining Leases Act 1749 23 Geo. 2 c. 9 Mining Leases (Ireland) Act 1848 11 & 12 Vic. c. 13 Mortgage Debenture Act 1865 28 & 29 Vic. c. 78 Mortgagees Legal Costs Act 1895 58 & 59 Vic. c. 25 Partition Act 1868 31 & 32 Vic. c. 40 Partition Act 1876 39 & 40 Vic. c. 17 Pensions Act 1990 1990, No. 25 Perpetual Funds (Registration) Act 1933 1933, No. 22 Planning and Development Act 2000 2000, No. 30 Plus Lands Act 1703 2 Anne c. 8 Powers of Appointment Act 1874 37 & 38 Vic. c. 37 Powers of Attorney Act 1996 1996, No. 12 Prescription Act 1832 2 & 3 Will. 4 c. 71 Prescription (Ireland) Act 1858 21 & 22 Vic. c. 42 Public Money Drainage Act 1850 13 & 14 Vic. c. 31 Public Money Drainage Act 1856 19 & 20 Vic. c. 9 Real Property Act 1845 8 & 9 Vic. c. 106 Registration of Deeds and Title Act 2006 2006, No. 12 Registration of Title Act 1964 1964, No. 16 Renewable Leasehold Conversion Act 1849 12 & 13 Vic. c. 105 Renewable Leaseholds Conversion (Ireland) Act 1868 31 & 32 Vic. c. 62 Renewal of Leases (Ireland) Act 1838 1 & 2 Vic. c. 62 Sales of Reversions Act 1867 31 & 32 Vic. c. 4 Satisfied Terms Act 1845 8 & 9 Vic. c. 112 School Sites (Ireland) Act 1810 50 Geo. 3 c. 33 Settled Estates Act 1877 40 & 41 Vic. c. 18 Settled Land Act 1882 45 & 46 Vic. c. 38 Settled Land Act 1884 47 & 48 Vic. c. 18 Settled Land Act 1889 52 & 53 Vic. c. 36 Settled Land Act 1890 53 & 54 Vic. c. 69 Settled Land Acts (Amendment) Act 1887 50 & 51 Vic. c. 30 Settled Land Acts 1882 to 1890 Settled Land (Ireland) Act 1847 10 & 11 Vic. c. 46 Sites for Schoolrooms Act 1836 6 & 7 Will. 4 c. 70 Stamp Duties Consolidation Act 1999 1999, No. 31 State Property Act 1954 1954, No. 25 Statute De Donis Conditionalibus 1285 13 Edw. 1 Stat. Westm. sec.c. 1 Statute of Frauds 1695 7 Will. 3 c. 12 Statute of Limitations 1957 1957, No. 6 Statute of Uses 1634 10 Chas. 1 sess. 2 c. 1 Statute Quia Emptores 1290 18 Edw. 1 Stat. d’ni R. de t’ris, & c. Succession Act 1965 1965, No. 27 Taxes Consolidation Act 1997 1997, No. 39 Tenantry Act 1779 19 & 20 Geo. 3 c. 30 Tenures Abolition Act 1662 14 & 15 Chas. 2 sess. 4 c. 19 Timber Act 1735 9 Geo. 2 c. 7 Timber Act 1765 5 Geo. 3 c. 17 Timber Act 1767 7 Geo. 3 c. 20 Timber Act 1775 15 & 16 Geo. 3 c. 26 Timber Act 1777 17 & 18 Geo. 3 c. 35 Timber Act 1783 23 & 24 Geo. 3 c. 39 Timber (Ireland) Act 1888 51 & 52 Vic. c. 37 Tithe Arrears (Ireland) Act 1839 2 & 3 Vic. c. 3 Tithe Rentcharge (Ireland) Act 1838 1 & 2 Vic. c. 109 Tithe Rentcharge (Ireland) Act 1848 11 & 12 Vic. c. 80 Tithes Act 1835 5 & 6 Will. 4 c. 74 Tithing of Turnips Act 1835 5 & 6 Will. 4 c. 75 Trustee Act 1893 56 & 57 Vic. c. 53 Trustee Savings Bank Act 1989 1989, No. 21 Vendor and Purchaser Act 1874 37 & 38 Vic. c. 78 Voluntary Conveyances Act 1893 56 & 57 Vic. c. 21 Marginal Abbreviations AJA 1707 Administration of Justice Act 1707 6 Anne c. 10 BC(JT) A 1899 Bodies Corporate (Joint Tenancy) Act 1899 62 & 63 Vic. c. 20 CA 1634 Conveyancing Act 1634 10 Chas. 1 sess. 2 c. 3 CA 1881 Conveyancing Act 1881 44 & 45 Vic. c. 41 CA 1882 Conveyancing Act 1882 45 & 46 Vic. c. 39 CA 1911 Conveyancing Act 1911 1 & 2 Geo. 5 c. 37 IAA 1830 Illusory Appointments Act 1830 11 Geo. 4 & 1 Will. 4 c. 46 JA 1844 Judgments (Ireland) Act 1844 7 & 8 Vic. c. 90 JMA 1850 Judgment Mortgage (Ireland) Act 1850 13 & 14 Vic. c. 29 JMA 1858 Judgment Mortgage (Ireland) Act 1858 21 & 22 Vic. c. 105 JRA 1871 Judgments Registry (Ireland) Act 1871 34 & 35 Vic. c. 72 LEA 1695 Life Estates Act 1695 7 Will. 3 c. 8 LPA 1867 Lis Pendens Act 1867 30 & 31 Vic. c. 47 LPAA 1859 Law of Property Amendment Act 1859 22 & 23 Vic. c. 35 LPAA 1860 Law of Property Amendment Act 1860 23 & 24 Vic. c. 38 PA 1868 Partition Act 1868 31 & 32 Vic. c. 40 PA 1876 Partition Act 1876 39 & 40 Vic. c. 17 PA 1832 Prescription Act 1832 2 & 3 Will. 4 c. 71 PA 1858 Prescription (Ireland) Act 1858 21 & 22 Vic. c. 42 PAA 1874 Powers of Appointment Act 1874 37 & 38 Vic. c. 37 RPA 1845 Real Property Act 1845 8 & 9 Vic. c. 106 SF 1695 Statute of Frauds 1695 7 Will. 3 c. 12 SQE 1290 Statute Quia Emptores 1290 18 Edw.1Stat.d’niR.det’ris,&c. SLA 1882 Settled Land Act 1882 45 & 46 Vic. c. 38 SU 1634 Statute of Uses 1634 10 Chas. 1 sess. 2 c. 1 VCA 1893 Voluntary Conveyances Act 1893 56 & 57 Vic. c. 21 VPA 1874 Vendor and Purchaser Act 1874 37 & 38 Vic. c. 78 Number 27 of 2009 LAND AND CONVEYANCING LAW REFORM ACT 2009 AN ACT TO PROVIDE FOR THE REFORM AND MODERNISATION OF LAND LAW AND CONVEYANCING, TO REPEAL ENACTMENTS THAT ARE OBSOLETE, UNNECESSARY OR OF NO BENEFIT IN MODERN CIRCUMSTANCES, TO PROVIDE FOR THE VARIATION OF TRUSTS, TO MODERNISE THE LAW RELATING TO LIS PENDENS, TO AMEND THE REGISTRATION OF DEEDS AND TITLE ACTS 1964 AND 2006 AND CERTAIN OTHER ENACTMENTS AND FOR RELATED MATTERS. [21st July, 2009] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title. 1.— This Act may be cited as the Land and Conveyancing Law Reform Act 2009. Commencement. 2.— This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions. Interpretation generally. 3.— In this Act, unless the context otherwise requires— “ Act of 1957 ” means the Statute of Limitations 1957; “ Act of 1963 ” means the Companies Act 1963; “ Act of 1964 ” means the Registration of Title Act 1964 ; “ Act of 1965 ” means the Succession Act 1965 ; “Act of 1976” means the Family Home Protection Act 1976 ; “Act of 1988” means the Bankruptcy Act 1988 ; “Act of 1989” means the Building Societies Act 1989 ; “Act of 1995” means the Family Law Act 1995 ; “Act of 1996” means the Family Law (Divorce) Act 1996 ; “Act of 2000” means the Planning and Development Act 2000 ; “Act of 2005” means the Interpretation Act 2005 ; “Act of 2006” means the Registration of Deeds and Title Act 2006 ; “assent” has the meaning given to it by section 53 of the Act of 1965; “consent” includes agreement, licence and permission; “conveyance” includes an appointment, assent, assignment, charge, disclaimer, lease, mortgage, release, surrender, transfer, vesting certificate, vesting declaration, vesting order and every other assurance by way of instrument except a will; and “convey” shall be read accordingly; “ the court ” means— (a) the High Court, or (b) the Circuit Court when exercising the jurisdiction conferred on it by the Third Schedule to the Courts (Supplemental Provisions) Act 1961; “covenant” includes an agreement, a condition, reservation and stipulation; “deed” has the meaning given to it by section 64 (2); “development” has the meaning given to it by section 3 of the Act of 2000; “development plan” has the meaning given to it by section 3(1) of the Act of 2000; “disposition” includes a conveyance and a devise, bequest or appointment of property by will and “ dispose” shall be read accordingly; “exempted development” has the meaning given to it by section 4 of the Act of 2000; “fee farm grant” means any— (a) grant of a fee simple, or (b) lease for ever or in perpetuity, reserving or charging a perpetual rent, whether or not the relationship of landlord and tenant is created between the grantor and grantee, and includes a sub-fee farm grant; “freehold covenant” has the meaning given to it by section 48 ; “ freehold estate ” has the meaning given to it by section 11 (2); “housing loan” has the meaning given to it by section 2 (1) of the Consumer Credit Act 1995 , as substituted by section 33 of, and Part 12 of Schedule 3 to, the Central Bank and Financial Services Authority of Ireland Act 2004 and “housing loan mortgage” means a mortgage to secure a housing loan; “incumbrance” includes an annuity, charge, lien, mortgage, portion and trust for securing an annual or capital sum; and “incumbrancer” shall be read accordingly and includes every person entitled to the benefit of an incumbrance or to require its payment or discharge; “instrument” includes a deed, will, or other document in writing, and information in electronic or other non-legible form which is capable of being converted into such a document, but not a statutory provision; “judgment mortgage” means a mortgage registered by a creditor under section 116 ; “land” includes— (a) any estate or interest in or over land, whether corporeal or incorporeal, (b) mines, minerals and other substances in the substratum below the surface, whether or not owned in horizontal, vertical or other layers apart from the surface of the land, (c) land covered by water, (d) buildings or structures of any kind on land and any part of them, whether the division is made horizontally, vertically or in any other way, (e) the airspace above the surface of land or above any building or structure on land which is capable of being or was previously occupied by a building or structure and any part of such airspace, whether the division is made horizontally, vertically or in any other way, (f) any part of land; “ Land Registry ” has the meaning given to it by section 7 of the Act of 1964; “ landlord ” means the person, including a sublandlord, entitled to the legal estate immediately superior to a tenancy; “ lease ” as a noun means an instrument creating a tenancy; and as a verb means the granting of a tenancy by an instrument; “ legal estate ” has the meaning given to it by section 11 (1); “ legal interest ” has the meaning given to it by section 11 (4); “ lessee ” means the person, including a sublessee, in whom a tenancy created by a lease is vested; “ lessor ” means the person, including a sublessor, entitled to the legal estate immediately superior to a tenancy created by a lease; “ Minister ” means the Minister for Justice, Equality and Law Reform; “ mortgage ” includes any charge or lien on any property for securing money or money’s worth; “ mortgagee ” includes any person having the benefit of a charge or lien and any person deriving title to the mortgage under the original mortgagee; “ mortgagor ” includes any person deriving title to the mortgaged property under the original mortgagor or entitled to redeem the mortgage; “ notice ” includes constructive notice; “ personal representative ” means the executor or executrix or the administrator or administratrix for the time being of a deceased person; “ planning permission ” means permission required under Part III of the Act of 2000; “ possession ” includes the receipt of, or the right to receive, rent and profits, if any; “ prescribed ” means prescribed by regulations made under section 5 ; “ property ” means any real or personal property or any part or combination of such property; “Property Registration Authority” has the meaning given to it by section 9 of the Act of 2006; “purchaser” means an assignee, chargeant, grantee, lessee, mortgagee or other person who acquires land for valuable consideration; and “purchase” shall be read accordingly; “ registered land ” has the meaning given to it by section 3(1) of the Act of 1964; “Registry of Deeds” has the meaning given to it by section 33 of the Act of 2006; “ rent ” includes a rent payable under a tenancy or a rentcharge, or other payment in money or money’s worth or any other consideration, reserved or issuing out of or charged on land, but does not include interest; “ rentcharge ” means any annual or periodic sum charged on or issuing out of land, except— (a) a rent payable under a tenancy, and (b) interest; “ right of entry ” means a right to take possession of land or of its income and to retain that possession or income until some obligation is performed; “ right of re - entry ” means a right to forfeit the legal owner’s estate in the land; “ strict settlement” has the meaning given to it by section 18 (1)(a); “ subtenancy ” includes a sub-subtenancy; and a “ subtenant ” shall be read accordingly; “ tenancy ” means the estate or interest which arises from the relationship of landlord and tenant however it is created but does not include a tenancy at will or at sufferance; “ tenant ” means the person, including a subtenant, in whom a tenancy is vested; “ trust corporation ” has the meaning given to it by section 30(4) of the Act of 1965; “ trust of land ” has the meaning given to it by section 18 (1); “ unregistered land ” has the meaning given to it by section 3(1) of the Act of 1964; “ valuable consideration ” does not include marriage or a nominal consideration in money; “ will ” includes codicil. Service of notices. [CA 1881, s. 67] 4.— (1) A notice authorised or required to be given or served by or under this Act shall, subject to subsection (2), be addressed to the person concerned by name and may be given to or served on the person in one of the following ways: (a) by delivering it to the person; or (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; or (c) by sending it by post in a prepaid letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address; or (d) where the notice relates to a building with which the person is associated, and it appears that no person is in actual occupation of the building, by affixing it in a conspicuous position on the outside of the building or the property containing the building; or (e) if the person concerned has agreed to service of notices by means of an electronic communication (within the meaning given to it by section 2 of the Electronic Commerce Act 2000) to that person (being an addressee within the meaning given to it by that section) and provided that there is a facility to confirm receipt of electronic mail and that such receipt has been confirmed, then by that means; or (f) by sending it by means of a facsimile machine to a device or facility for the reception of facsimiles located at the address at which the person ordinarily resides or carries on business or, if an address for the service of notices has been furnished by the person, that address, provided that the sender’s facsimile machine generates a message confirming successful transmission of the total number of pages of the notice; or (g) by any other means that may be prescribed. (2) Where the notice concerned is to be served on or given to a person who is the owner, landlord, tenant or occupier of a building and the name of the person cannot be ascertained by reasonable inquiry it may be addressed to the person at that building by using the words “the owner”, “the landlord”, “the tenant” or “the occupier” or other like description, as the case may require. (3) For the purposes of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business. (4) Where a notice required or authorised to be served or given by or under this Act is served or given on behalf of a person, the notice shall be deemed to be served or given by that person. (5) A person shall not, at any time during the period of 3 months after the notice is affixed under subsection (1)(d), remove, damage or deface the notice without lawful authority. (6) A person who knowingly contravenes subsection (5) is guilty of an offence. Regulations. 5.— (1) The Minister may make regulations— (a) for any purpose in relation to which regulations are provided for by any of the provisions of this Act, (b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed, (c) generally for the purpose of giving effect to this Act. (2) A regulation under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation is annulled accordingly, but without prejudice to the validity of anything previously done under it. (3) (a) If in any respect any difficulty arises during the period of 5 years from the commencement of any provision of this Act (including a provision that amends another Act), either in bringing into operation or in giving full effect to the provision or the Act as amended, the Minister may by regulations do anything which appears to be necessary or expedient for removing that difficulty. (b) In paragraph (a) a reference to another Act is a reference to an Act falling within either paragraph (a) or (b) of the definition of “Act” in section 2(1) of the Act of 2005. (4) Regulations under subsection (3) may, in so far only as it may appear necessary for the removal of such difficulty, modify a provision referred to in that subsection provided such modification is in conformity with the purposes, principles and spirit of this Act. (5) Where the Minister proposes to make regulations under subsection (3)— (a) he or she shall, before doing so, consult with such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government in relation to the proposed regulations, and (b) he or she shall cause a draft of the regulations to be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House. (6) A regulation under this section may contain such consequential, supplementary and ancillary provisions as the Minister considers necessary or expedient. Offences. 6.— (1) A person convicted of an offence under this Act is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both. (2) Proceedings for an offence under this Act may be instituted at any time within one year after the date of the offence. (3) Where a person is convicted of an offence under this Act the District Court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay the costs and expenses, measured by the Court, incurred in relation to the investigation, detection and prosecution of the offence. Expenses. 7.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Amendments and repeals. 8.— (1) Each provision specified in column (2) of Schedule 1 opposite the mention in column (1) of that Schedule of an enactment is amended in the manner specified in column (3). (2) Subject to subsection (1), and without prejudice to section 26(2)(f) of the Act of 2005— (a) any reference in an enactment to— (i) the Settled Land Acts 1882 to 1890, (ii) an Act included in that collective citation, or (iii) any provision of such an Act, shall be construed as a reference to this Act or to the equivalent or substituted provision of this Act, as may be appropriate, (b) any reference in an enactment to— (i) the Conveyancing Acts 1881 to 1911, or (ii) an Act (other than an Act repealed by this Act) included in that collective citation, shall be construed as including a reference to this Act, and (c) any reference in an enactment to— (i) an Act that is included in the collective citation “the Conveyancing Acts 1881 to 1911” and that isrepealed by this Act, or (ii) any particular provision of such an Act, shall be construed as a reference to this Act or to the equivalent or substituted provision of this Act. (3) Each enactment specified in column (2) of Schedule 2 isrepealed to the extent specified in column (3) of that Schedule. PART 2 Ownership of Land Ownership and abolition of feudal tenure. 9.— (1) From the commencement of this Part, ownership of land comprises the estates and interests specified in this Part. (2) In so far as it survives, feudal tenure is abolished. (3) Subsection (2) does not affect— (a) the position of the State under— (i) the State Property Act 1954, (ii) section 73 of the Act of 1965, (b) the concept of an estate under section 10 , (c) any fee farm grant made in derogation of the Statute Quia Emptores 1290, (d) any surviving customary right or franchise. [SQE 1290] (4) A fee simple remains freely alienable. Estates and interests in land. 10.— (1) The concept of an estate in land is retained and, subject to this Act, continues with the interests specified in this Part to denote the nature and extent of land ownership. (2) Such an estate retains its pre-existing characteristics, but without any tenurial incidents. (3) All references in any enactment or any instrument (whether made or executed before or after the commencement of this Part) to tenure or estates or interests in land, or to the holder of any such estate or interest, shall be read accordingly. Restrictions on legal estates and interests. 11.— (1) The only legal estates in land which may be created or disposed of are the freehold and leasehold estates specified by this section. (2) For the purposes of subsection (1), a “ freehold estate ” means a fee simple in possession and includes— (a) a determinable fee, (b) a fee simple subject to a right of entry or of re-entry, (c) a fee simple subject only to— (i) a power of revocation, (ii) an annuity or other payment of capital or income for the advancement, maintenance or other benefit of any person, or (iii) a right of residence which is not an exclusive right over the whole land. (3) For the purposes of subsection (1), a “leasehold estate” means, subject to sections 12 and 14 , the estate which arises when a tenancy is created for any period of time or any recurring period and irrespective of whether or not the estate— (a) takes effect in immediate possession or in future, or (b) is subject to another legal estate or interest, or (c) is for a term which is uncertain or liable to termination by notice, re-entry or operation of law or by virtue of a provision for cessor on redemption or for any other reason. (4) The only legal interests in land which may be created or disposed of are— (a) an easement, (b) a freehold covenant, (c) an incumbrance, (d) a rent payable under a tenancy, (e) a possibility of reverter, (f) a profit à prendre, including a mining right, (g) a public or customary right, (h) a rentcharge, (i) a right of entry or of re-entry attached to a legal estate, (j) a wayleave or other right to lay cables, pipes, wires or other conduits, (k) any other legal interest created by any statutory provision. (5) A legal estate or legal interest under this section has, subject to this Act, the same attributes as the corresponding legal estates and interests existing at the commencement of this Part and may exist concurrently with, or subject to, any other legal estate or interest in the same land. (6) Subject to this Act, estates and interests other than those referred to in subsections (1) to (4) take effect as equitable interests only, but this does not prevent the creation of the estates and interests referred to in those subsections as equitable interests. (7) Nothing in this Act affects judicial recognition of equitable interests. (8) Subject to this Act, a power of attorney, power of appointment or other power to dispose of a legal estate or interest in land operates with the same force and effect as such powers had before the commencement of this Part. (9) All estates and interests in land, whether legal or equitable, may be disposed of. Prohibition of fee farm grants. 12.— (1) The creation of a fee farm grant at law or in equity is prohibited. (2) Any instrument executed after the commencement of this Part purporting to— (a) create a fee farm grant, or (b) grant a lease for life or lives renewable for ever or for any period which is perpetually renewable, vests in the purported grantee or lessee a legal fee simple or, as the case may be, an equitable fee simple and any contract for such a grant entered into after such commencement operates as a contract for such a vesting. (3) A fee simple which vests under subsection (2) is freed and discharged from any covenant or other provision relating to rent, but all other covenants or provisions continue in force so far as consistent with the nature of a fee simple. (4) Subsection (2) does not apply to any contract or instrument giving effect to a contract entered into before the commencement of this Part. (5) Notwithstanding section 11 (2), any fee simple held under a fee farm grant existing at law at the commencement of this Part continues as a legal estate and may be disposed of. (6) Notwithstanding section 11 (4), any fee farm rent existing at law at the commencement of this Part continues as a legal interest and may be disposed of. Abolition of the fee tail. 13.— (1) The creation of a fee tail of any kind at law or in equity is prohibited. (2) Any instrument executed after the commencement of this Part purporting to create a fee tail in favour of any person vests in that person a legal fee simple or, as the case may be, an equitable fee simple and any contract for such a creation entered into before or after such commencement operates as a contract for such vesting. (3) Where— (a) immediately before the commencement of this Part, a person was entitled to a fee tail at law or in equity, or (b) after such commencement, a person becomes entitled to such a fee tail, a legal or, as the case may be, an equitable fee simple vests in that person on such commencement or on that person becoming so entitled provided any protectorship has ended. (4) In subsection (3) “ fee tail ” includes— (a) a base fee provided the protectorship has ended, (b) a base fee created by failure to enrol the disentailing deed, but does not include the estate of a tenant in tail after possibility of issue extinct. (5) A fee simple which vests under subsection (2) or subsection (3) is— (a) not subject to any estates or interests limited by the instrument creating the fee tail to take effect after the termination of the fee tail, (b) subject to any estates or interests limited to take effect in defeasance of the fee tail which would be valid if limited to take effect in defeasance of a fee simple. Prohibition of leases for lives. 14.— The grant of a lease for— (a) a life or lives, (b) a life or lives combined with a concurrent or reversionary term of any period, (c) any term coming to an end on the death of a person or persons, and any contract for such a grant made after the commencement of this Part is void both at law and in equity. PART 3 Future Interests Operation of future interests in land. 15.— (1) Subject to subsection (2), all future interests in land, whether vested or contingent, exist in equity only. (2) Subsection (1) does not apply to— (a) a possibility of reverter, or (b) a right of entry or of re-entry attached to a legal estate. Abolition of various rules. 16.— Subject to section 17 , the following rules are abolished: (a) the rules known as the common law contingent remainder rules; (b) the rule known as the Rule in Purefoy v. Rogers; (c) the rule known as the Rule in Whitby v. Mitchell (also known as the old rule against perpetuities and the rule against double possibilities); (d) the rule against perpetuities; (e) the rule against accumulations. Scope of section 16. 17.— Section 16 applies to any interest in property whenever created but does not apply if, before the commencement of this Part, in reliance on such an interest being invalid by virtue of the application of any of the rules abolished by that section— (a) the property has been distributed or otherwise dealt with, or (b) any person has done or omitted to do any thing which renders the position of that or any other person materially altered to that person’s detriment after the commencement of this Part. PART 4 Trusts of Land Trusts of land. 18.— (1) Subject to this Part, where land is— [[SLA 1882, ss. 2, 59, 60] (a) for the time being limited by an instrument, whenever executed, to persons by way of succession without the interposition of a trust (in this Part referred to as a “ strict settlement ”), or (b) held, either with or without other property, on a trust whenever it arises and of whatever kind, or (c) vested, whether before or after the commencement of this Part, in a minor, there is a trust of land for the purposes of this Part. (2) For the purposes of— (a) subsection (1)(a), a strict settlement exists where an estate or interest in reversion or remainder is not disposed of and reverts to the settlor or the testator’s successors in title, but does not exist where a person owns a fee simple in possession, (b) subsection (1)(b), a trust includes an express, implied, resulting, constructive and bare trust and a trust for sale. (3) Subject to this Part, a trust of land is governed by the general law of trusts. (4) Conversion of a life estate into an equitable interest only does not affect a life owner’s liability for waste. [LEA 1695] (5) Where, by reason of absence from the State or otherwise, it remains uncertain for a period of at least 7 years as to whether a person upon whose life an estate or interest depends is alive, it shall continue to be presumed that the person is dead. (6) If such presumption is applied to a person but subsequently rebutted by proof to the contrary, that person may bring an action for damages or another remedy for any loss suffered. (7) In dealing with an action under subsection (6), the court may make such order as appears to it to be just and equitable in the circumstances of the case. (8) Any party to a conveyance shall, unless the contrary is proved, be presumed to have attained full age at the date of the conveyance. (9) This Part does not apply to land held directly for a charitable purpose and not by way of a remainder. Trustees of land. 19.— (1) The following persons are the trustees of a trust of land— [SLA 1882, ss. 38, 39] (a) in the case of a strict settlement, where it— (i) exists at the commencement of this Part, the tenant for life within the meaning of the Settled Land Act 1882 together with any trustees of the settlement for the purposes of that Act, (ii) is purported to be created after the commencement of this Part, the persons who would fall within paragraph (b) if the instrument creating it were deemed to be an instrument creating a trust of land, (b) in the case of a trust of land created expressly— (i) any trustee nominated by the trust instrument, but, if there is no such person, then, (ii) any person on whom the trust instrument confers a present or future power of sale of the land, or power of consent to or approval of the exercise of such a power of sale, but, if there is no such person, then, (iii) any person who, under either the trust instrument or the general law of trusts, has power to appoint a trustee of the land, but, if there is no such person, then, (iv) the settlor or, in the case of a trust created by will, the testator’s personal representative or representatives, (c) in the case of land vested in a minor before the commencement of this Part or purporting so to vest after such commencement, the persons who would fall within paragraph (b) if the instrument vesting the land were deemed to be an instrument creating a trust of land, (d) in the case of land the subject of an implied, resulting, constructive or bare trust, the person in whom the legal title to the land is vested. (2) For the purposes of— (a) subsection (1)(a)(ii) and (1)(c), the references in subsection (1)(b) to “trustee” and “trustee of the land” include a trustee of the settlement, (b) subsection (1)(b)(iii) a power to appoint a trustee includes a power to appoint where no previous appointment has been made. (3) Nothing in this section affects the right of any person to obtain an order of the court appointing a trustee of land or vesting land in a person as trustee. Powers of trustees of land. 20.— (1) Subject to— (a) the duties of a trustee, and (b) any restrictions imposed by any statutory provision (including this Act) or the general law of trusts or by any instrument or court order relating to the land, a trustee of land has the full power of an owner to convey or otherwise deal with it. (2) The power of a trustee under subsection (1) includes the power to— (a) permit a beneficiary to occupy or otherwise use the land on such terms as the trustee thinks fit, (b) sell the land and to re-invest the proceeds, in whole or in part, in the purchase of land, whether or not situated in the State, for such occupation or use. Overreaching for protection of purchasers. 21.— (1) Subject to subsection (3), a conveyance to a purchaser of a legal estate or legal interest in land by the person or persons specified in subsection (2) overreaches any equitable interest in the land so that it ceases to affect that estate or interest, whether or not the purchaser has notice of the equitable interest. (2) For the purposes of subsection (1), the “person or persons specified”— (a) shall be at least two trustees or a trust corporation where the trust land comprises— (i) a strict settlement, or (ii) a trust, including a trust for sale, of land held for persons by way of succession, or (iii) land vested in or held on trust for a minor, (b) may be a single trustee or owner of the legal estate or interest in the case of any other trust of land. (3) Subsection (1) does not apply to— (a) any conveyance made for fraudulent purposes of which the purchaser has actual knowledge at the date of the conveyance or to which the purchaser is a party, or (b) any equitable interest— (i) to which the conveyance is expressly made subject, or (ii) protected by deposit of documents of title relating to the legal estate or legal interest, or (iii) in the case of a trust coming within subsection (2)(b), protected by registration prior to the date of the conveyance or taking effect as a burden coming within section 72(1)(j) of the Act of 1964 (or, in the case of unregistered land, which would take effect as such a burden if the land were registered land). (4) In subsection (3)(b)(iii), “registration” means registration in the Registry of Deeds or Land Registry, as appropriate. (5) Where an equitable interest is overreached under this section it attaches to the proceeds arising from the conveyance and effect shall be given to it accordingly. (6) Nothing in this section affects the operation of the Act of 1976. Resolution of disputes. 22.— (1) Any person having an interest in a trust of land, or a person acting on behalf of such a person, may apply to the court in a summary manner for an order to resolve a dispute between the— (a) trustees themselves, or (b) beneficiaries themselves, or (c) trustees and beneficiaries, or (d) trustees or beneficiaries and other persons interested, in relation to any matter concerning the— (i) performance of their functions by the trustees, or (ii) nature or extent of any beneficial or other interest in the land, or (iii) other operation of the trust. (2) Subject to subsection (3), in determining an application under subsection (1) the court may make whatever order and direct whatever inquiries it thinks fit in the circumstances of the case. (3) In considering an application under subsection (1)(i) and (iii) the court shall have regard to the interests of the beneficiaries as a whole and, subject to these, to— (a) the purposes which the trust of land is intended to achieve, (b) the interests of any minor or other beneficiary subject to any incapacity, (c) the interests of any secured creditor of any beneficiary, (d) any other matter which the court considers relevant. (4) In subsection (1), “person having an interest” includes a mortgagee or other secured creditor, a judgment mortgagee or a trustee. (5) Nothing in this section affects the jurisdiction of the court under section 36 of the Act of 1995. PART 5 Variation of Trusts Interpretation of Part 5. 23.— In this Part— “ appropriate person ”, in relation to a relevant trust, means— (a) a trustee of, or a beneficiary under, the trust, or (b) any other person that the court, to which the application concerned under section 24 is made, considers appropriate; “ arrangement ”, in relation to a relevant trust, means an arrangement— (a) varying, revoking or resettling the trust, or (b) varying, enlarging, adding to or restricting the powers of the trustees under the trust to manage or administer the property the subject of the trust; “ relevant person ”, in relation to a relevant trust, means— (a) a person who has a vested or contingent interest under the trust but who is incapable of assenting to an arrangement by reason of lack of capacity (whether by reason of minority or absence of mental capacity), (b) an unborn person, (c) a person whose identity, existence or whereabouts cannot be established by taking reasonable measures, or (d) a person who has a contingent interest under the trust but who does not fall within paragraph (a); “ relevant trust ”— (a) subject to paragraph (b), means a trust arising, whether before, on or after the commencement of this section, under a will, settlement or other disposition, (b) does not include— (i) a trust created for a charitable purpose within the meaning of the Charities Acts 1961 and 1973 and the Charities Act 2009, (ii) an occupational pension scheme within the meaning of the Pensions Act 1990 established under a trust, (iii) a trust created by a British statute, (iv) a trust created by a Saorstát Éireann statute, or (v) a trust created by an Act of the Oireachtas, whether passed before, on or after the commencement of this section. Jurisdiction of court to vary, etc., trusts. 24.— (1) An appropriate person may make, in respect of a relevant trust, an application to the court for an order to approve an arrangement specified in the application for the benefit of a relevant person specified in the application if the arrangement has been assented to in writing by each other person (if any) who— (a) is not a relevant person, (b) is beneficially interested in the trust, and (c) is capable of assenting to the arrangement. (2) The court shall not hear an application made to it under subsection (1) in respect of a relevant trust unless it is satisfied that the applicant has given notice in writing of the application— (a) to the Revenue Commissioners, and (b) to such persons as may be prescribed by rules of court, at least 2 weeks before the hearing of the application. (3) The court may hear an application made to it under subsection (1) otherwise than in public if it considers that it is appropriate to do so. (4) The court shall determine an application made to it under subsection (1) in respect of a relevant trust— (a) subject to paragraph (b), by making an order approving the arrangement specified in the application if it is satisfied that the carrying out of the arrangement would be for the benefit of— (i) the relevant person specified in the application, and (ii) any other relevant person, (b) by refusing to make such an order in any case where— (i) the court is not satisfied as referred to in paragraph (a), or (ii) the Revenue Commissioners have satisfied the court that the application is substantially motivated by a desire to avoid, or reduce the incidence of, tax. (5) In determining under subsection (4) whether an arrangement would be for the benefit of a relevant person, the court may have regard to any benefit or detriment, financial or otherwise, that may accrue to that person directly or indirectly in consequence of the arrangement. (6) Nothing in this section shall be construed as derogating from or affecting the operation of— (a) the Charities Acts 1961 and 1973 and the Charities Act 2009, (b) any power of a court, whether under an enactment or rule of law, to— (i) vary, revoke or resettle a trust (including a relevant trust), or (ii) vary, enlarge, add to or restrict the powers of the trustees under a trust (including a relevant trust) to manage or administer the property the subject of the trust, or (c) any rule of law relating to the termination or revocation of a trust (including a relevant trust). PART 6 Powers Application of Part 6. 25.— Except where stated otherwise, this Part applies to powers created or arising before or after the commencement of this Act. Execution of non-testamentary powers of appointment. 26.— (1) Subject to subsection (2), an appointment made by deed after the commencement of this Part under a power of appointment is valid provided the instrument making the appointment complies with section 64 . [LPAA 1859, s. 12] (2) Subsection (1) does not— (a) prevent a donee of a power of appointment from making a valid appointment in some other way expressly authorised by the instrument creating the power, or (b) relieve such a donee from compliance with any direction in the instrument creating the power that— (i) the consent of any person is necessary to a valid appointment, or (ii) an act is to be performed having no relation to the mode of executing and attesting the deed of appointment in order to give validity to any appointment. Release of powers. 27.— (1) Subject to subsection (2), a person to whom any power, whether coupled with an interest or not, is given may release or contract not to exercise the power by deed or in any other way in which the power could be created. [CA 1881, s. 52] (2) Subsection (1) does not apply to a power in the nature of a trust or other fiduciary power. Disclaimer of powers. 28.— (1) A person to whom any power, whether coupled with an interest or not, is given may by deed disclaim the power and, after disclaimer, may not exercise or join in the exercise of the power. [CA 1882, s. 6] (2) On such disclaimer, the power may be exercised by any other person or persons, or the survivor or survivors of any other persons, to whom the power is given, subject to the terms of the instrument creating the power. Validation of appointments. 29.— (1) No appointment made in exercise of any power to appoint any property among two or more persons is invalid on the ground that— [IAA 1830][PAA 1874] (a) an insubstantial, illusory or nominal share only is appointed to or left unappointed to devolve on any one or more of those persons, or (b) any such person is altogether excluded, whether by way of default of appointment or otherwise. (2) This section does not affect any provision in the instrument creating the power which specifies the amount of any share from which any such person is not to be excluded. PART 7 Co-Ownership Unilateral severance of a joint tenancy. 30.— (1) From the commencement of this Part, any— (a) conveyance, or contract for a conveyance, of land held in a joint tenancy, or (b) acquisition of another interest in such land, by a joint tenant without the consent referred to in subsection (2) is void both at law and in equity unless such consent is dispensed with under section 31 (2)(e). (2) In subsection (1) “consent” means the prior consent in writing of the other joint tenant or, where there are more than one other, all the other joint tenants. (3) From the commencement of this Part, registration of a judgment mortgage against the estate or interest in land of a joint tenant does not sever the joint tenancy and if the joint tenancy remains unsevered, the judgment mortgage is extinguished upon the death of the judgment debtor. (4) Nothing in this section affects the jurisdiction of the court to find that all the joint tenants by mutual agreement or by their conduct have severed the joint tenancy in equity. Court orders. 31.— (1) Any person having an estate or interest in land which is co-owned whether at law or in equity may apply to the court for an order under this section. (2) An order under this section includes— [PA 1868][PA 1876] (a) an order for partition of the land amongst the co-owners, (b) an order for the taking of an account of incumbrances affecting the land, if any, and the making of inquiries as to the respective priorities of any such incumbrances, (c) an order for sale of the land and distribution of the proceeds of sale as the court directs, [AJA 1707, s. 23] (d) an order directing that accounting adjustments be made as between the co-owners, (e) an order dispensing with consent to severance of a joint tenancy as required by section 30 where such consent is being unreasonably withheld, (f) such other order relating to the land as appears to the court to be just and equitable in the circumstances of the case. (3) In dealing with an application for an order under subsection (1) the court may— (a) make an order with or without conditions or other requirements attached to it, or (b) dismiss the application without making any order, or (c) combine more than one order under this section. (4) In this section— (a) “person having an estate or interest in land” includes a mortgagee or other secured creditor, a judgment mortgagee or a trustee, (b) “accounting adjustments” include— (i) payment of an occupation rent by a co-owner who has enjoyed, or is continuing to enjoy, occupation of the land to the exclusion of any other co-owner, (ii) compensation to be paid by a co-owner to any other co-owner who has incurred disproportionate expenditure in respect of the land (including its repair or improvement), (iii) contributions by a co-own …