Land And Conveyancing Law Reform Act 2009

In short

This law, the Land And Conveyancing Law Reform Act 2009, modernizes and reforms various aspects of land law and conveyancing practices. It aims to simplify and update the legal framework surrounding land ownership, transactions, and related rights in Ireland.

What it regulates

Ownership of land, including the abolition of feudal tenure and certain types of estates and interests.
Future interests in land and the abolition of various related rules.
Trusts of land, defining the powers of trustees and protecting purchasers.
Appurtenant rights such as easements, profits à prendre, rentcharges, party structures, and freehold covenants.
Contracts and conveyances relating to land, including requirements for deeds and protection of purchasers.
Mortgages, covering their creation, the rights of mortgagors and mortgagees, and related powers like sale and possession.
Judgment mortgages and lis pendens.

Who it concerns

Anyone involved in the ownership, sale, purchase, or mortgaging of land.
Trustees holding land in trust.

Key points

Abolishes feudal tenure and certain outdated land interests like fee farm grants and leases for lives.
Introduces new rules for acquiring and extinguishing easements and profits à prendre by prescription.
Sets out requirements for contracts relating to land to be in writing and details rules for deeds and their operation.
Defines the powers and rights of both mortgagors and mortgagees, including the mortgagee's power of sale.
Amends the Registration of Title Act 1964.

Legal text

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.

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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-owner to disproportionate payments made by any other co-owner in respect of the land (including payments in respect of charges, rates, rents, taxes and other outgoings payable in respect of it), (
iv)redistribution of rents and profits received by a co-owner disproportionate to his or her interest in the land, (
v)any other adjustment necessary to achieve fairness between the co-owners.

(5)Nothing in this section affects the jurisdiction of the court under the Act of 1976, the Act of 1995 and the Act of 1996.

(6)The equitable jurisdiction of the court to make an order for partition of land which is co-owned whether at law or in equity is abolished. Bodies corporate. 32.—

(1)A body corporate may acquire and hold any property in a joint tenancy in the same manner as if it were an individual. [BC(JT) A 1899]

(2)Where a body corporate and an individual or two or more bodies corporate become entitled to any property in circumstances or by virtue of any instrument which would, if the body or bodies corporate had been an individual or individuals, have created a joint tenancy, they are entitled to the property as joint tenants.

(3)On the dissolution of a body corporate which is a joint tenant of any property, the property devolves on the other surviving joint tenant or joint tenants. PART 8 Appurtenant Rights Chapter 1 Easements and profits à prendre Interpretation of Chapter 1. 33.— In this Chapter, unless the context otherwise requires— “dominant land” means land benefited by an easement or profit à prendre to which other land is subject, or in respect of which a relevant user period has commenced; and “dominant owner” shall be read accordingly and includes that owner’s predecessors and successors in title; “foreshore” has the meaning given to it by section 2

(1)of the Act of 1957; “interruption” means interference with, or cessation of, the use or enjoyment of an easement or profit à prendre for a continuous period of at least one year, but does not include an interruption under section 37

(1); “period of non-user” means a period during which the dominant owner ceases to use or enjoy the easement or profit à prendre; “relevant user period” means a period of user as of right without interruption by the person claiming to be the dominant owner or owner of profit à prendre in gross— (

a)where the servient owner is not a State authority, for a minimum period of 12 years, or (
b)where the servient owner is a State authority, for— (
i)a minimum period of 30 years, or (
ii)where the servient land is foreshore, a minimum period of 60 years; “servient land” means land subject to an easement or profit à prendre, or in respect of which a relevant user period has commenced; and “servient owner” shall be read accordingly and includes that owner’s predecessors and successors in title; “State authority” means a Minister of the Government or the Commissioners of Public Works in Ireland; “user as of right” means use or enjoyment without force, without secrecy and without the oral or written consent of the servient owner. Abolition of certain methods of prescription. 34.— Subject to section 38 , acquisition of an easement or profit à prendre by prescription at common law and under the doctrine of lost modern grant is abolished and after the commencement of this Chapter acquisition by prescription shall be in accordance with section 35 . Acquisition of easements and profits à prendre by prescription. 35.—

(1)An easement or profit à prendre shall be acquired at law by prescription only on registration of a court order under this section. [PA 1832] [PA 1858]

(2)Subject to subsection

(3), in an action to establish or dispute the acquisition by prescription of an easement or profit à prendre, the court shall make an order declaring the existence of the easement or profit à prendre if it is satisfied that there was a relevant user period immediately before the commencement of the action.

(3)The court may make an order under subsection

(2)where the relevant user period was not immediately before the commencement of the action if it is satisfied that it is just and equitable to do so in all the circumstances of the case.

(4)An order under subsection

(2)shall be registered in the Registry of Deeds or Land Registry, as appropriate. Tenancies. 36.—

(1)Where the dominant owner acquiring an easement or profit à prendre under section 35 owns a tenancy only in the dominant land, the easement or profit à prendre attaches to that land and when the tenancy ends, passes to the landlord. [PA 1832, s. 8]

(2)Where an easement or profit à prendre is acquired under section 35 against a servient owner who owns a tenancy only in the servient land, it ends when that tenancy ends, but if the servient owner— (

a)acquires a superior interest in the land, the easement or profit à prendre attaches to the superior interest, (
b)obtains an extension or renewal of the tenancy, the easement or profit à prendre continues to attach to the land for the period of that extension or renewal.

(3)Nothing in subsection

(2)prevents the subsequent acquisition of an easement or profit à prendre under section 35 on the basis of a new relevant user period against a landlord who takes possession of the servient land after the tenancy ends. Incapacity. 37.—

(1)Subject to subsection

(2), where the servient owner is incapable, whether at the commencement of or during the relevant user period, of managing his or her affairs because of a mental incapacity, the running of that period is suspended until the incapacity ceases. [PA 1832, s. 7]

(2)Subsection

(1)does not apply where— (

a)the court considers that it is reasonable, in the circumstances of the case, to have expected some other person, whether as trustee, committee of a ward of court, an attorney under an enduring power of attorney or otherwise, to have acted on behalf of the servient owner during the relevant user period, or (
b)at least 30 years have elapsed since the commencement of the relevant user period. Application of sections 34 to 37. 38.— In relation to any claim to an easement or profit à prendre made after the commencement of this Chapter, sections 34 to 37 — (
a)apply to any claim based on a relevant user period notwithstanding that it is alleged that an additional user period occurred before that commencement, (
b)do not apply to any claim based on a user period under the law applicable prior to the commencement of this Chapter and alleged to have commenced prior to such commencement where the action in which the claim is made is brought within 3 years of such commencement. Extinguishment. 39.—

(1)On the expiry of a 12 year continuous period of non-user of an easement or profit à prendre acquired by— (

a)prescription, or (
b)implied grant or reservation, the easement or profit à prendre is extinguished except where it is protected by registration in the Registry of Deeds or Land Registry, as appropriate.

(2)This section applies to extinguishment of an easement or profit à prendre notwithstanding that it was acquired before the commencement of this Chapter, provided at least 3 years of the period of non-user occur after such commencement.

(3)Nothing in this section affects the jurisdiction of the court to declare that an easement or profit à prendre, however acquired, has been abandoned or extinguished. Implied grant. 40.—

(1)The rule known as the Rule in Wheeldon v. Burrows is abolished and replaced by subsection

(2).

(2)Where the owner of land disposes of part of it or all of it in parts, the disposition creates by way of implication for the benefit of such part or parts any easement over the part retained, or other part or parts simultaneously disposed of, which— (

a)is necessary to the reasonable enjoyment of the part disposed of, and (
b)was reasonable for the parties, or would have been if they had adverted to the matter, to assume at the date the disposition took effect as being included in it.

(3)This section does not otherwise affect— (

a)easements arising by implication as easements of necessity or in order to give effect to the common intention of the parties to the disposition, (
b)the operation of the doctrine of non-derogation from grant. Chapter 2 Rentcharges Prohibition of certain rentcharges. 41.—

(1)Subject to subsection

(2), the creation of a rentcharge at law or in equity is prohibited.

(2)Subsection

(1)does not apply to the creation of a rentcharge under— (

a)a contract entered into before the commencement of this Chapter, (
b)an order of the court, or (
c)any statutory provision. Enforcement of rentcharges. 42.— Subject to any other statutory provision, from the commencement of this Chapter, a rentcharge is enforceable as a simple contract debt only. [CA 1881, s. 44] Chapter 3 Party structures Interpretation of Chapter 3. 43.— In this Chapter, unless the context otherwise requires— “adjoining” includes adjacent; “adjoining owner” means the owner of any estate or interest in a building or unbuilt-on land adjoining that of the building owner; “building” includes part of a building; “building owner” means the owner for the time being of any estate or interest in a building or unbuilt-on land who wishes to carry out works to a party structure; “the court” means the District Court; “party structure” means any arch, ceiling, ditch, fence, floor, hedge, partition, shrub, tree, wall or other structure which horizontally, vertically or in any other way— (
a)divides adjoining and separately owned buildings, or (
b)is situated at or on or so close to the boundary line between adjoining and separately owned buildings or between such buildings and unbuilt-on lands that it is impossible or not reasonably practical to carry out works to the structure without access to the adjoining building or unbuilt-on land, and includes any such structure which is— (
i)situated entirely in or on one of the adjoining buildings or unbuilt-on lands, or (
ii)straddles the boundary line between adjoining buildings or between such buildings and unbuilt-on lands and is either co-owned by their respective owners or subject to some division of ownership between them; “ works ” include— (
a)carrying out works of adjustment, alteration, cutting into or away, decoration, demolition, improvement, lowering, maintenance, raising, renewal, repair, replacement, strengthening or taking down, (
b)cutting, treating or replacing any hedge, tree or shrub, (
c)clearing or filling in ditches, (
d)ascertaining the course of cables, drains, pipes, sewers, wires or other conduits and clearing, renewing, repairing or replacing them, (
e)carrying out inspections, drawing up plans and performing other tasks requisite for, incidental to or consequential on any works falling within paragraphs (
a)to (d); “works order” means an order under section 45

(1). Rights of building owner. 44.—

(1)Subject to subsection

(2), a building owner may carry out works to a party structure for the purpose of— (

a)compliance with any statutory provision or any notice or order under such a provision, or (
b)carrying out development which is exempted development or development for which planning permission has been obtained or compliance with any condition attached to such permission, or (
c)preservation of the party structure or of any building or unbuilt-on land of which it forms a part, or (
d)carrying out any other works which— (
i)will not cause substantial damage or inconvenience to the adjoining owner, or (
ii)if they may or will cause such damage or inconvenience, it is nevertheless reasonable to carry them out.

(2)Subject to subsection

(3), in exercising any right under subsection

(1)the building owner shall— (

a)make good all damage caused to the adjoining owner as a consequence of the works, or reimburse the adjoining owner the reasonable costs and expenses of such making good, and (
b)pay to the adjoining owner— (
i)the reasonable costs of obtaining professional advice with regard to the likely consequences of the works, and (
ii)reasonable compensation for any inconvenience caused by the works.

(3)The building owner may— (a) claim from the adjoining owner as a contribution to, or deduct from any reimbursement of, the cost and expenses of making good such damage under subsection

(2)(a), or (b) deduct from compensation under subsection

(2)(b)(ii), such sum as will take into account the proportionate use or enjoyment of the party structure which the adjoining owner makes or, it is reasonable to assume, is likely to make.

(4)If— (

a)a building owner fails within a reasonable time to— (
i)make good damage under subsection

(2)(a), the adjoining owner may apply to the court for an order requiring the damage to be made good and on such application the court may make such order as it thinks fit, or (ii) reimburse costs and expenses under subsection

(2)(a) or to pay reasonable costs or compensation under subsection

(2)(b), the adjoining owner may recover such costs, expenses or compensation as a simple contract debt in a court of competent jurisdiction. (b) an adjoining owner fails to meet a claim to a contribution under subsection

(3)(a), the building owner may recover such contribution as a simple contract debt in a court of competent jurisdiction. Works orders. 45.—

(1)A building owner who is in dispute with an adjoining owner with respect to exercise of rights under section 44 may apply to the court for an order authorising the carrying out of specified works (a “ works order ”).

(2)In determining whether to make a works order and, if one is to be made, what terms and conditions should be attached to it, the court shall have regard to section 44 and may take into account any other circumstances which it considers relevant. Terms and conditions of works orders. 46.—

(1)Subject to subsection

(3), a works order shall authorise the carrying out of the works specified, on such terms and conditions (including those necessary to comply with section 44 ) as the court thinks fit in the circumstances of the case.

(2)Without prejudice to the generality of subsection

(1), a works order may— (

a)authorise the building owner, and that owner’s agents, employees or servants, to enter on an adjoining owner’s building or unbuilt-on land for any purpose connected with the works, (
b)require the building owner to indemnify or give security to the adjoining owner for damage, costs and expenses caused by or arising from the works or likely so to be caused or to arise.

(3)A works order shall not authorise any permanent interference with, or loss of, any easement of light or other easement or other right relating to a party structure. Discharge or modification of works orders. 47.— On the application of any person affected by a works order, the court may discharge or modify the order, on such terms and conditions as it thinks fit. Chapter 4 Freehold covenants Interpretation of Chapter 4. 48.— In this Chapter, unless the context otherwise requires— “ developer ” means the person who creates a scheme of development and that person’s successors in title; “dominant land” means freehold land with the benefit of a covenant to which other freehold land is subject; and “dominant owner” shall be read accordingly and includes persons deriving title from or under that owner; “freehold covenant” means a covenant attaching to dominant land and servient land which has been entered into after the commencement of this Chapter; “persons deriving title” include— (a) a person who has acquired title to the land by possession under the Act of 1957; (b) a mortgagee, or receiver appointed by a mortgagee, in possession of the land; “scheme of development” means a development of land under which— (a) the land is, or is intended to be, subdivided into 2 or more parts for conveyance in fee simple to each owner of a part; (b) there is an intention as between the developer and the owners of parts to create reciprocity of covenants in accordance with section 49

(3); (

c)that intention is expressed in each conveyance to the owners of parts or implied from the covenants in question as they relate to the parts and the proximity of the relationship between their owners; “servient land” means freehold land which is subject to a covenant benefiting other freehold land; and “servient owner” shall be read accordingly and includes— (
a)persons deriving title from or under that owner, but not a tenant for a period less than 5 years, (
b)in the case of a covenant which is restrictive in substance, a licensee or other person in occupation of the land with or without the consent of that owner. Enforceability of freehold covenants. 49.—

(1)Subject to subsection

(6), the rules of common law and equity (including the rule known as the rule in Tulk v. Moxhay) are abolished to the extent that they relate to the enforceability of a freehold covenant. [CA 1881, ss. 58 and 59]

(2)Subject to subsections

(3)to

(6), any freehold covenant which imposes in respect of servient land an obligation to do or to refrain from doing any act or thing is enforceable— (

a)by— (
i)the dominant owner for the time being, or (
ii)a person who has ceased to be that owner but only in respect of any breach of covenant occurring during the period when that person was such owner, (
b)against— (
i)the servient owner for the time being in respect of any breach of covenant by that owner or which occurred before and continued unremedied after that person became the servient owner, or (
ii)a person who has ceased to be that owner, but only in respect of a breach of covenant which occurred during the period when that person was such owner.

(3)Where there is a scheme of development subsection

(2)applies so as to render covenants which are capable of reciprocally benefiting and burdening the parts of land within the scheme enforceable by and against the owners for the time being of such parts or persons referred to in subsection

(2)(a)(ii) and

(2)(b)(ii).

(4)Where the servient land has been subdivided any obligations, whether to do or to refrain from doing any act or thing, relating to that land— (

a)are apportioned, as appropriate to the subdivided parts of the land, between those parts, (
b)are enforceable accordingly by or against the persons in whom the subdivided parts are vested, as if those obligations had originally been entered into separately in respect only of each such part.

(5)Any dispute as to the application of subsection

(4)to a particular case may be referred to the court for determination and, on such application, the court may order such apportionment as it thinks fit.

(6)This section— (

a)does not affect— (
i)the enforceability of a covenant under the doctrine of privity of contract or a covenant for title under section 80 , or (
ii)the application to a freehold covenant of the Act of 1957, (
b)takes effect subject to the terms of the covenant or the instrument containing it. Discharge and modification. 50.—

(1)A servient owner may apply to the court for an order discharging in whole or in part or modifying a freehold covenant (whether created before or after the commencement of this Chapter) on the ground that continued compliance with it would constitute an unreasonable interference with the use and enjoyment of the servient land.

(2)In determining whether to make an order under subsection

(1)and, if one is to be made, what terms and conditions should be attached to it, the court shall have regard as appropriate to the following matters— (

a)the circumstances in which, and the purposes for which, the covenant was originally entered into and the time which has elapsed since then, (
b)any change in the character of the dominant land and servient land or their neighbourhood, (
c)the development plan for the area under the Act of 2000, (
d)planning permissions granted under that Act in respect of land in the vicinity of the dominant land and servient land or refusals to grant such permissions, (
e)whether the covenant secures any practical benefit to the dominant owner and, if so, the nature and extent of that benefit, (
f)where the covenant creates an obligation on the servient owner to execute any works or to do any thing, or to pay or contribute towards the cost of executing any works or doing any thing, whether compliance with that obligation has become unduly onerous compared with the benefit derived from such compliance, (
g)whether the dominant owner has agreed, expressly or impliedly, to the covenant being discharged or varied, (
h)any representations made by any person interested in the performance of the covenant, (
i)any other matter which the court considers relevant.

(3)Where the court is satisfied that compliance with an order under subsection

(1)will result in a quantifiable loss to the dominant owner or other person adversely affected by the order, it may include as a condition in the order a requirement by the servient owner to pay the dominant owner or other person such compensation as the court thinks fit.

(4)An order under subsection

(1)shall be registered in the Registry of Deeds or Land Registry, as appropriate. PART 9 Contracts and Conveyances Chapter 1 Contracts relating to land Evidence in writing. 51.—

(1)Subject to subsection

(2), no action shall be brought to enforce any contract for the sale or other disposition of land unless the agreement on which such action is brought, or some memorandum or note of it, is in writing and signed by the person against whom the action is brought or that person’s authorised agent. [SF 1695, s. 2]

(2)Subsection

(1)does not affect the law relating to part performance or other equitable doctrines.

(3)For the avoidance of doubt, but subject to an express provision in the contract to the contrary, payment of a deposit in money or money’s worth is not necessary for an enforceable contract. Passing of beneficial interest. 52.—

(1)Subject to subsection

(2), the entire beneficial interest passes to the purchaser on the making, after the commencement of this Chapter, of an enforceable contract for the sale or other disposition of land.

(2)Subsection

(1)does not affect— (

a)the obligation of the vendor to maintain the land so long as possession of it is retained, or (
b)the liability of the vendor for loss or damage under any contractual provision dealing with such risk, or (
c)the vendor’s right to rescind the contract for failure by the purchaser to complete or other breach of the contract, or (
d)any provision to the contrary in the contract. Abolition of the Rule in Bain v. Fothergill. 53.—

(1)The rule of law restricting damages recoverable for breaches of contract occasioned by defects in title to land (known as the Rule in Bain v. Fothergill) is abolished.

(2)Subsection

(1)applies only to contracts made after the commencement of this Chapter. Order for return of deposit. 54.— Where the court refuses to grant specific performance of a contract for the sale or other disposition of land, or in any action for the return of a deposit, the court may, where it is just and equitable to do so, order the repayment of the whole or any part of any deposit, with or without interest. Vendor and purchaser summons. 55.—

(1)Any party to a contract for the sale or other disposition of land may apply to the court in a summary manner for an order determining a question relating to the contract. [VPA 1874, s. 9]

(2)On such an application the court may make such order, including an order as to costs, as it thinks fit.

(3)A question in respect of which an application may be made under subsection

(1)includes a question relating to any requisition, objection, claim for compensation or other question arising out of or connected with the contract, but does not include a question affecting the existence or validity of the contract. Chapter 2 Title Root of title. 56.—

(1)Subject to subsections

(2)and

(3), after the commencement of this Chapter, a period of at least 15 years commencing with a good root of title is the period for proof of title which the purchaser may require. [VPA 1874, s. 1]

(2)Where the title originates with a fee farm grant or lease, subsection

(1)does not prevent the purchaser from requiring production of the fee farm grant or lease.

(3)Subsection

(1)takes effect subject to the terms of the contract for the sale or other disposition of the land. Tenancies. [VPA 1874, s. 2][CA 1881, ss. 3 and 13][CA 1882, s. 4] 57.—

(1)Subject to subsections

(2)and

(5), under a contract to grant or assign a tenancy or subtenancy of land, the intended grantee or assignee is not entitled to call for the title to— [VPA 1874, s. 2] [CA 1881, ss. 3 and 13] (

a)the fee simple, or [CA 1882, s. 4] (
b)any tenancy superior to that out of which the subtenancy is, or is to be, immediately derived.

(2)Subject to subsection

(5), under a contract made after the commencement of this Chapter to grant a tenancy or subtenancy for a term exceeding 5 years the intended grantee may call for— (

a)in the case of a tenancy to be derived immediately out of the fee simple, a copy of the conveyance of that estate to the grantor, or (
b)in the case of a subtenancy, a copy of the superior lease out of which it is to be immediately derived and, if any, of the immediate assignment of the superior lease to the grantor, and, where the tenancy or subtenancy is granted for the full market rent, taking into account any premium also paid by, but disregarding any concessions or inducements made to, the intended grantee, that grantee may also call for 15 years’ title as a purchaser under section 56

(1).

(3)For the purpose of the deduction of title to an intended assignee, no preliminary contract for or relating to the tenancy forms part of the title, or evidence of the title, to the tenancy.

(4)Where by reason of subsection

(1)an intended grantee or assignee is not entitled to call for the title to the fee simple or a superior tenancy, that person, where the contract is made after the commencement of this Chapter, is not affected with notice of any matter or thing of which, if the contract had specified that such title should be furnished, that person might have had notice.

(5)Subsections

(1)and

(2)take effect subject to the terms of the contract for the grant or assignment of the tenancy or subtenancy. Other conditions of title. 58.—

(1)Subject to subsection

(2), a purchaser of land is not entitled to require— [VPA 1874, s. 2] [CA 1881, s. 3] (

a)the production of an instrument dated or made before the period referred to in section 56 , or stipulated in the contract for sale, for the commencement of the title, even though the instrument creates a power subsequently exercised by an instrument produced to the purchaser, or (
b)any information, or make any requisition, objection or inquiry with respect to any instrument referred to in paragraph (
a)or the title prior to that period, notwithstanding that any instrument, or that prior title, is recited, agreed to be produced or noticed, and the purchaser shall assume, unless the contrary appears, that— (
i)the recitals contained in the instruments produced, relating to any instrument forming part of that prior title are correct, and give all the material contents of the instrument so recited, and (
ii)every instrument so recited was duly executed by all necessary parties, and perfected, if and as required, by any act required or permitted by law.

(2)Subsection

(1)does not deprive a purchaser of the right to require the production of any— (

a)power of attorney under which any instrument which is produced is executed, or (
b)instrument creating or disposing of an interest, power or obligation which is not shown to have ceased or expired, and subject to which any part of the land is disposed of by an instrument which is produced, or a copy of which is produced, or (
c)instrument creating any limitation or trust by reference to which any part of the land is disposed of by an instrument which is produced.

(3)On a sale of land, the purchaser, where the purchaser requires the vendor to carry out such matters, shall bear the expenses (except where such expenses should be borne by the vendor in compliance with the obligation to deduce title) of— (

a)production and inspection of all instruments, letters of administration, probates, proceedings at courts, records, statutory provisions and other documents not in the possession of the vendor, or the vendor’s mortgagee or trustee, (
b)making, procuring, producing, searching for and verifying all certificates, declarations, evidence and information, and all attested, office, stamped or other copies or abstracts of, or extracts from, any statutory provisions or other documents, not in the possession of the vendor or the vendor’s mortgagee or trustee, (
c)making any copy, whether attested or unattested, of any document retained by the vendor, or the vendor’s mortgagee or trustee, required to be delivered by the purchaser.

(4)On a sale of land in lots, a purchaser of two or more lots held wholly or partly under the same title is entitled to no more than one abstract of the common title, nor to more than one copy of any document forming part of the common title, except at the purchaser’s own expense.

(5)The inability of a vendor to furnish the purchaser with an acknowledgment of the right to production and delivery of copies of documents of title is not an objection to title where the purchaser will, on the completion of the contract, have an equitable right to the production of such documents.

(6)Such acknowledgments and such undertakings for the safe custody of documents as the purchaser requires shall be furnished at the purchaser’s expense, and the vendor shall bear the expense of perusal and execution on behalf of or by the vendor, and on behalf of and by necessary parties other than the purchaser.

(7)A vendor may retain a document of title where— (

a)the vendor retains any part of the land to which the document relates, or (
b)the document comprises an instrument— (
i)creating a trust which still exists, or (
ii)relating to the appointment or discharge of a trustee of an existing trust.

(8)This section takes effect subject to the terms of the contract for the sale or other disposition of the land.

(9)Nothing in this section is to be read as binding a purchaser to complete the purchase in any case where, on a contract made without reference to this section but containing stipulations similar to any of its provisions, specific performance would not be granted by the court against the purchaser.

(10)In this section— (

a)“instrument” includes a copy or abstract, (
b)“production” includes furnishing a copy or abstract and cognate words shall be read accordingly. Protection of purchasers. 59.—

(1)Recitals, statements and descriptions of facts, matters and parties contained in instruments, statutory provisions or statutory declarations 15 years old at the date of the contract are, unless and except so far as they are proved to be inaccurate, sufficient evidence of the truth of such facts, matters and parties. [VPA 1874, s. 2][CA 1881, s. 3]

(2)Where land sold is held under a tenancy (other than a subtenancy), the purchaser shall assume, unless the contrary appears, that the tenancy was duly granted; and, on production of the receipt for the last payment due for rent under the tenancy before the date of the actual completion of the purchase, the purchaser shall assume, unless the contrary appears, that all the covenants and provisions of the tenancy have been duly performed and observed up to the date of actual completion of the purchase.

(3)Where land sold is held under a subtenancy, the purchaser shall assume, unless the contrary appears, that the subtenancy and every superior tenancy were duly granted; and, on production of the receipt for the last payment due for rent under the subtenancy before the date of the actual completion of the purchase, the purchaser shall assume, unless the contrary appears, that all the covenants and provisions of the subtenancy have been duly performed and observed up to the date of actual completion of the purchase, and also that all rent due under, and all covenants and provisions of, every superior tenancy have been paid and duly performed and observed up to that date. Fraudulent concealment and falsification. 60.—

(1)Any person disposing of land to a purchaser, or the solicitor or other agent of such a person, who with intent to defraud— [LPAA 1859, s. 24][LPAA 1860, s. 8] (

a)conceals from the purchaser any instrument or incumbrance material to the title, or (
b)falsifies any information or matter on which the title may depend in order to induce the purchaser to accept the title offered or produced, is guilty of an offence under this Act.

(2)Any such person or the person’s solicitor or agent is also liable to an action for damages by the purchaser, or persons deriving title under the purchaser, for any loss sustained by reason of— (

a)the concealment of the instrument or incumbrance, or (
b)any claim made by a person whose title to the land was concealed by such falsification.

(3)In estimating damages, where the land is recovered from the purchaser or persons deriving title under the purchaser, regard shall be had to any expenditure by them on improving the land.

(4)Nothing in this section affects the provisions of the Criminal Justice (Theft and Fraud Offences) Act 2001. Notice of rights on common title. 61.—

(1)Where land having a common title with other land is conveyed to a purchaser (other than a tenant or mortgagee) who does not hold or obtain possession of the documents forming the common title, the purchaser, notwithstanding a stipulation to the contrary in the contract or conveyance, may require that a memorandum giving notice of any provisions in the conveyance restricting user of or conferring rights over any other land comprised in the common title is endorsed on or permanently annexed to some document selected by the purchaser but retained in the possession or control of the vendor and being or forming part of the common title. [CA 1911, s. 11]

(2)The title of any person omitting to require an endorsement or annexation under this section is not affected or prejudiced merely by such omission.

(3)This section does not apply to registered land. Chapter 3 Deeds and their operation Conveyances by deed only. 62.—

(1)Subject to section 63 , a legal estate or interest in land may only be created or conveyed by a deed. [SU 1634] [RPA 1845, ss. 2 and 3]

(2)A deed executed after the commencement of this Chapter is fully effective for such purposes without the need for any conveyance to uses and passes possession or the right to possession of the land, without actual entry, unless subject to some prior right to possession.

(3)In the case of a voluntary conveyance executed after the commencement of this Chapter, a resulting use for the grantor is not implied merely because the land is not expressed to be conveyed for the use or benefit of the grantee.

(4)A bargain and sale, covenant to stand seised, feoffment with livery of seisin or any combination of these are no longer effective to create or to convey a legal estate or legal interest in land. Exceptions to deeds. 63.— Section 62

(1)does not apply to— (

a)an assent by a personal representative, (
b)a surrender or other conveyance taking effect by operation of law, (
c)a disclaimer not required to be by deed, (
d)a grant or assignment of a tenancy not required to be by deed, (
e)a receipt not required to be by deed, (
f)a vesting order of the court or other competent authority, or (
g)any other conveyance which may be prescribed. Formalities for deeds. 64.—

(1)Any rule of law which requires— (

a)a seal for the valid execution of a deed by an individual, or (
b)authority to deliver a deed to be given by deed, is abolished.

(2)An instrument executed after the commencement of this Chapter is a deed if it is— (

a)described at its head by words such as “Assignment”, “Conveyance”, “Charge”, “Deed”, “Indenture”, “Lease”, “Mortgage”, “Surrender” or other heading appropriate to the deed in question, or it is otherwise made clear on its face that it is intended by the person making it, or the parties to it, to be a deed, by expressing it to be executed or signed as a deed, (
b)executed in the following manner: (
i)if made by an individual— (I) it is signed by the individual in the presence of a witness who attests the signature, or (II) it is signed by a person at the individual’s direction given in the presence of a witness who attests the signature, or (III) the individual’s signature is acknowledged by him or her in the presence of a witness who attests the signature; (
ii)if made by a company registered in the State, it is executed under the seal of the company in accordance with its Articles of Association; (iii) if made by a body corporate registered in the State other than a company, it is executed in accordance with the legal requirements governing execution of deeds by such a body corporate; (
iv)if made by a foreign body corporate, it is executed in accordance with the legal requirements governing execution of the instrument in question by such a body corporate in the jurisdiction where it is incorporated, and (
c)delivered as a deed by the person executing it or by a person authorised to do so on that person’s behalf.

(3)Any deed executed under this section has effect as if it were a document executed under seal.

(4)A deed, whenever created, has the effect of an indenture although not indented or expressed to be an indenture. Escrows by corporate bodies. 65.—

(1)Any rule of law to the effect that the affixing of a corporate seal to an instrument effects delivery by that body corporate is abolished.

(2)An instrument executed by a body corporate in accordance with section 64

(2)(b) is capable of operating as an escrow in the same circumstances and with the same consequences as an instrument executed by an individual. Conveyance to oneself. 66.—

(1)Any property may be conveyed by a person to that person jointly with another person in the same way in which it might be conveyed by that person to another person. [LPAA 1859, s. 21][CA 1881, s. 50]

(2)Subject to subsection

(3)— (

a)a person may convey, but not lease, property to that same person in a different capacity, (
b)two or more persons may convey, and have always been capable of conveying, any property vested in them to any one or more of themselves in the same way in which they could convey it to a third person.

(3)Subsection

(2)does not validate a conveyance made in breach of trust or other fiduciary obligation.

(4)Without prejudice to section 83 , this section does not affect any rule of law under which a covenant entered into with oneself is unenforceable. Words of limitation. 67.—

(1)A conveyance of unregistered land with or without words of limitation, or any equivalent expression, passes the fee simple or the other entire estate or interest which the grantor had power to create or convey, unless a contrary intention appears in the conveyance. [CA 1881, s. 51]

(2)A conveyance of unregistered land to a corporation sole by that person’s corporate designation without the word “successors” passes to the corporation the fee simple or the other entire estate or interest which the grantor had power to create or convey, unless a contrary intention appears in the conveyance.

(3)Where an interest in land is expressed to be given to— (

a)the heir or heirs, or (
b)any particular heir, or (
c)any class of heirs, or (
d)issue, of any person in words which, under the rule known as the Rule in Shelley’s Case, would have operated to give that person a fee simple, those words operate as words of purchase and not of limitation and take effect in equity accordingly.

(4)Subject to section 68 , subsections

(1)to

(3)apply to conveyances executed before the commencement of this Chapter, but without prejudice to any act or thing done or any interest disposed of or acquired before that commencement in consequence of the failure to use words of limitation in such a conveyance or the application of the Rule in Shelley’s Case. Extinguishment of certain interests. 68.—

(1)An interest— (

a)to which a person was entitled, or (
b)acquired by a person, before the commencement of this Chapter in consequence of the failure to use words of limitation in a conveyance executed before that commencement or the application of the Rule in Shelley’s Case is extinguished unless the person claiming to be entitled to the interest or to have acquired it— (
i)applies to the court, within 12 years from the commencement of this Chapter, for an order under this section, and (
ii)registers any order made under this section in accordance with subsection

(3).

(2)On such an application the court may— (

a)make an order declaring that the applicant is entitled to the interest or has acquired it, (
b)refuse to make such an order if it is satisfied that no substantial injustice will be done to any party, or (
c)in lieu of a declaration in favour of the applicant, order payment by another party of such compensation to the applicant as the court thinks appropriate.

(3)An order under this section shall be registered in the Registry of Deeds or Land Registry, as appropriate. Reservations. 69.—

(1)A reservation of a legal estate or interest in a conveyance of land operates, without execution of the conveyance or of any regrant by the grantee, to— [CA 1881, s. 62] (

a)vest that estate or interest in the grantor or other person for whose benefit it is made, and (
b)annex it to the land, if any, for the benefit of which it is made.

(2)A conveyance of land expressed to be subject to a legal estate or interest which is not in existence immediately before the date of the conveyance operates as a reservation within the meaning of subsection

(1), unless a contrary intention is expressed in the conveyance.

(3)For the purpose of construing the effect of a conveyance of land, a reservation shall not be treated as taking effect as a regrant.

(4)This section applies only to reservations made after the commencement of this Part. Benefit of deeds. 70.—

(1)Where a deed is expressed to confer an estate or interest in land, or the benefit of a covenant or right relating to land, on a person, that person may enforce the deed whether or not named a party to it. [RPA 1845, s. 5]

(2)Nothing in this section otherwise affects the doctrine of privity of contract. Features and rights conveyed with land. 71.—

(1)A conveyance of land includes, and conveys with the land, all— [CA 1881, s. 6] (

a)buildings, commons, ditches, drains, erections, fences, fixtures, hedges, water, watercourses and other features forming part of the land, (
b)advantages, easements, liberties, privileges, profits à prendre and rights appertaining or annexed to the land.

(2)A conveyance of land which has houses or other buildings on it includes, and conveys with the land, houses or other buildings all— (

a)areas, cellars, cisterns, courts, courtyards, drainpipes, drains, erections, fixtures, gardens, lights, outhouses, passages, sewers, watercourses, yards and other features forming part of the land, houses or other buildings, (
b)advantages, easements, liberties, privileges, profits à prendre and rights appertaining or annexed to the land, houses or other buildings.

(3)This section— (

a)does not on a conveyance of land (whether or not it has houses or other buildings on it)— (
i)create any new interest or right or convert any quasi-interest or right existing prior to the conveyance into a full interest or right, or (
ii)extend the scope of, or convert into a new interest or right, any licence, privilege or other interest or right existing before the conveyance, (
b)does not— (
i)give to any person a better title to any land, interest or right referred to in this section than the title which the conveyance gives to the land expressed to be conveyed, or (
ii)convey to any person any land, interest or right further or other than that which could have been conveyed to that person by the grantor, (
c)takes effect subject to the terms of the conveyance. Supplemental instruments. 72.—

(1)Any instrument expressed to be supplemental to a previous instrument, or directed to be read as an annex to such an instrument, is, so far as is appropriate, to be read and has effect as if the instrument so expressed or directed— [CA 1881, s. 53] (a) were made by way of endorsement on the previous instrument, or (b) contained a full recital of the previous instrument.

(2)This section does not confer on a purchaser any right to an abstract, copy or production of any such previous instrument and a purchaser may accept the same evidence that the previous instrument does not affect the title as if it had merely been mentioned in the supplemental instrument. Partial releases. 73.—

(1)A release of part of land from— [LPAA 1859, ss. 10 and 11] (

a)a rentcharge does not extinguish the rentcharge, but bars only the right to recover any part of the rentcharge out of the land released, (
b)a judgment charged on the land does not affect the validity of the judgment as regards any of the land not specifically released.

(2)Subsection

(1)does not— (

a)prejudice the rights of any person interested in the land unreleased and not concurring in or confirming the release, or (
b)prevent recovery of the whole of the rentcharge or enforcement of the whole judgment against the land unreleased, unless those interested agree otherwise. Fraudulent dispositions. 74.—

(1)Subject to subsection

(2), any voluntary disposition of land made with the intention of defrauding a subsequent purchaser of the land is voidable by that purchaser. [CA 1634, ss. 1 to 5, 10, 11 and 14][VCA 1893]

(2)For the purposes of subsection

(1), a voluntary disposition is not to be read as intended to defraud merely because a subsequent disposition of the same land was made for valuable consideration.

(3)Subject to subsection

(4), any conveyance of property made with the intention of defrauding a creditor or other person is voidable by any person thereby prejudiced.

(4)Subsection

(3)does not— (

a)apply to any estate or interest in property conveyed for valuable consideration to any person in good faith not having, at the time of the conveyance, notice of the fraudulent intention, or (
b)affect any other law relating to bankruptcy of an individual or corporate insolvency. Chapter 4 Contents of deeds Construction of instruments. 75.— Particular words and expressions used in any instrument relating to land executed or made after the commencement of this Chapter, unless the context otherwise requires— (
a)are subject to the same general rules of construction as are applicable to such words and expressions used in Acts of the Oireachtas under Part 4 of the Act of 2005, (
b)have the same particular meaning, construction or effect as assigned to such words and expressions used in Acts of the Oireachtas by Part 1 of the Schedule to that Act or by section 3 of this Act, whichever is more appropriate. All estate clause. 76.—

(1)Subject to subsection

(2), a conveyance of land passes all the claim, demand, estate, interest, right and title which the grantor has or has power to convey in, to or on the land conveyed or expressed or intended to be conveyed. [CA 1881, s. 63]

(2)This section takes effect subject to the terms of the conveyance. Receipts in deeds. 77.—

(1)A receipt for consideration in the body of a deed is sufficient discharge for the consideration to the person giving it, without any further receipt being endorsed on the deed. [CA 1881, ss. 54 to 56]

(2)A receipt for consideration in the body of a deed is, in favour of a subsequent purchaser (not having notice that the consideration so acknowledged to be received was not, in fact, given wholly or in part), conclusive evidence of the giving of the whole consideration.

(3)Where a solicitor produces a deed which— (

a)has in its body a receipt for consideration, and (
b)has been executed by the person entitled to give a receipt for the consideration, the deed is conclusive authority to the person liable to give the consideration for giving it to the solicitor, without the solicitor producing any separate or other authority or direction in that behalf from the person who executed or signed the deed or receipt.

(4)In subsection

(3)“solicitor” includes any employee of a solicitor, and any member or employee of a firm in which the solicitor is a partner, and any such employee or member of another firm acting as agent of the solicitor or firm. Conditions and covenants not implied. 78.—

(1)An exchange or other conveyance of land does not imply any condition in law. [RPA 1845, s. 4]

(2)Subject to any statutory provision, use of the word “give” or “grant” in any conveyance does not imply any covenant. Scope of sections 80 and 81. 79.— In sections 80 and 81 — (

a)“conveyance”— (
i)does not include the granting of a tenancy, (
ii)means a conveyance made after the commencement of this Chapter, (
b)any reference to a person being expressed to “convey”, or to an estate or interest or land being expressed to be “conveyed” does not mean that the words “convey” or “conveyed” must be used in the conveyance for the covenant to be implied. Covenants for title. 80.—

(1)In a conveyance of any class referred to in subsection

(2)there are implied the covenants specified in relation to that class in Part 2 of Schedule 3 , and those covenants are deemed to be made— [CA 1881, s. 7] (

a)by the person or by each person who conveys, to the extent of the estate or interest or share of the estate or interest expressed to be conveyed by such person (“the subject-matter of the conveyance”), (
b)with the person to whom the conveyance is made, or with the persons jointly and severally, if more than one, to whom the conveyance is made as joint tenants, or with each of the persons, if more than one, to whom the conveyance is made as tenants in common, and have the effect specified in Parts 1 and 2 of Schedule 3 .

(2)The classes of conveyance referred to in subsection

(1)are— Class 1: A conveyance (other than a mortgage) for valuable consideration of an estate or interest in land (other than a tenancy) made by a person who is expressed to convey “as beneficial owner”; Class 2: A conveyance (other than a mortgage) for valuable consideration of land comprised in a lease made by a person who is expressed to convey “as beneficial owner”; Class 3: A conveyance comprising a mortgage of land (other than land comprised in a lease) made by a person who is expressed to convey “as beneficial owner”; Class 4: A conveyance comprising a mortgage of land comprised in a lease made by a person who is expressed to convey “as beneficial owner”; Class 5: A conveyance made by a person who is expressed to convey “as trustee”, “as mortgagee”, “as personal representative” or under an order of the court.

(3)Where a conveyance is made by a person who is expressed to convey by direction of another person who is expressed to direct “as beneficial owner”, then, whether or not that other person is also expressed to convey “as beneficial owner”, the conveyance is for the purposes of this section a conveyance made by that other person expressed to convey “as beneficial owner” to the extent of the subject-matter of the conveyance made by that other person’s direction.

(4)Without prejudice to section 52

(6)of the Act of 1965, where in a conveyance a person conveying is not expressed to convey “as beneficial owner”, “as trustee”, “as mortgagee”, “as personal representative”, under an order of the court or by a direction of a person “as beneficial owner”, no covenant on the part of the person conveying is implied in the conveyance.

(5)The benefit of a covenant implied under this section— (

a)is annexed to and passes with the estate or interest of the implied covenantee, (
b)is enforceable by every person, including a tenant, mortgagee and any other person deriving title from or under the implied covenantee, in whom that estate or interest, or any part of it, or an estate or interest derived out of it, is vested from time to time.

(6)A covenant implied under this section may, by the terms of the conveyance, be— (a) excluded but not so that a sole covenant or all (as distinct from some only) of the covenants implied in relation to a person expressed to convey as specified in subsection

(2)are excluded, (b) modified and, if so modified, operates as if the modification was included in this section and Schedule 3 .

(7)Any covenant implied under this section by reason of a person being expressed to convey “as beneficial owner” may, by express reference to this section, be incorporated, with or without modification, in a conveyance, whether or not for valuable consideration, by a person who is expressed to convey as specified in Class 5 of subsection

(2). Additional covenants for land comprised in a lease. 81.—

(1)In a conveyance of any class referred to in subsection

(2)there are implied, in addition to the covenants referred to in section 80

(1), the covenants specified in relation to that class in Part 3 of Schedule 3 , and those covenants are deemed to be made— (

a)by the person, or by the persons jointly and severally, if more than one, so specified in relation to any class of conveyance, (
b)with the person, or with the persons jointly and severally, if more than one, who is the other party, or are the other parties, to the conveyance, and have the effect specified in Parts 1 and 3 of Schedule 3 .

(2)The classes of conveyance referred to in subsection

(1)are— Class 6: A conveyance (other than a mortgage) for valuable consideration of— (

a)the entirety of the land comprised in a lease, or (
b)part of the land comprised in a lease, subject to a part of the rent reserved by the lease which has been, or is by the conveyance, apportioned with the consent of the lessor, for the residue of the term or interest created by the lease; Class 7: A conveyance (other than a mortgage) for valuable consideration of part of the land comprised in a lease, for the residue of the term or interest created by the lease, subject to a part of the rent reserved by the lease which has been, or is by the conveyance, apportioned without the consent of the lessor.

(3)Where in a conveyance (other than a mortgage) part of land comprised in a lease is, without the consent of the lessor, expressed to be conveyed— (a) subject to the entire rent, then covenant

(1)in paragraph

(2)of Part 3 of Schedule 3 has effect as if the entire rent were the apportioned rent, (b) exonerated from the entire rent, then covenant

(2)in paragraph

(2)of Part 3 of Schedule 3 has effect as if the entire rent were the balance of the rent, and “(other than the covenant to pay the entire rent)” were omitted from the covenant.

(4)The benefit of a covenant implied under this section— (

a)is annexed to and passes with the estate or interest of the implied covenantee, (
b)is enforceable by every person, including a tenant, mortgagee and any other person deriving title from or under the implied covenantee, in whom that estate or interest, or any part of it, or an estate or interest derived out of it, is vested from time to time.

(5)Any covenant implied under this section may, by the terms of the conveyance, be— (

a)modified by the express provisions of the conveyance and, if so modified, operates as if the modification were included in this section and Schedule 3 , (
b)extended by providing expressly in the conveyance that— (
i)the land conveyed, or (
ii)the part of the land which remains vested in the covenantor, stands charged with the payment of all money which would otherwise become payable under the implied covenant. Covenants by or with two or more persons. 82.—

(1)Where under a covenant persons are— [CA 1881, s. 60] (

a)covenantors, the covenant binds them and any two or more of them jointly and each of them severally, (
b)covenantees, the covenant shall be construed as being also made with each of them.

(2)A covenant made with persons jointly to convey, pay money or do any other act to them or for their benefit, implies an obligation to do the act to, or for the benefit of— (a) the survivor or survivors of them, or (b) any other person on whom the right to sue on the covenant devolves.

(3)This section takes effect subject to the terms of the covenant or conveyance in which it is contained or implied or of any statutory provision implying the covenant.

(4)In this section “covenant” includes an express or implied covenant and a bond or obligation contained in a deed. Covenants by person jointly with others. 83.— A covenant, whether express or implied, entered into by a person with that person jointly with another person or other persons shall be construed and is enforceable as if it had been entered into with that other person or persons alone. Production and safe custody of documents. 84.—

(1)Where a person retains possession of documents and gives to another person in writing— [CA 1881, s. 9] (

a)an acknowledgment of the right of that other to production of those documents and to delivery of copies of them (“the acknowledgment”), (
b)an undertaking for the safe custody of those documents (“the undertaking”), the acknowledgment and the undertaking have the effect specified in this section.

(2)The obligations imposed by an acknowledgment are to— (

a)produce the documents or any of them at all reasonable times for the purpose of inspection and of comparison with abstracts or copies of the documents, by the person entitled to request production or by any person authorised in writing by that person, (
b)produce the documents or any of them in court or any other place where, or on any occasion when, production may properly be required for proving or supporting the title or claim of the person entitled to request production, or for any other purpose relating to that title or claim, (
c)deliver to the person entitled to request them such copies or abstracts, attested or unattested, of or from the documents or any of them.

(3)The obligation imposed by an undertaking is to keep the documents complete, safe, uncancelled and undefaced.

(4)The obligations shall be performed from time to time— (

a)in the case of the acknowledgment, at the request in writing of, (
b)in the case of the undertaking, in favour of, the person to whom it is given, or any person, not being a tenant, who has or who claims any estate, interest or right through or under that person or who otherwise becomes through or under that person interested in or affected by the terms of the document to which the acknowledgment or undertaking relates.

(5)The acknowledgment and undertaking bind the documents to which they relate in the possession or under the control of the person who retains them and every other person having possession or control of them from time to time but they bind each such individual possessor or person as long only as that person has possession or control.

(6)Each person having possession or control of such documents is bound specifically to perform the obligations imposed by this section, unless prevented from doing so by fire or other inevitable accident, but all costs and expenses of or incidental to specific performance of the acknowledgment shall be paid by the person requesting performance.

(7)The acknowledgment does not confer any right to damages for loss or destruction of, or injury to, the documents to which it relates, arising from whatever cause.

(8)Any person claiming to be entitled to the benefit of an undertaking may apply to the court for damages for any loss or destruction of, or injury to, the documents or any of them

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.