Notices.
\n85.— (1) Subject to subsection (2), where an instrument makes provision for giving or serving a notice it may be given or served as if it were authorised or required to be given or served under this Act.
\nGeneral provisions Restrictions on constructive notice.
\n86.— (1) A purchaser is not affected prejudicially by notice of any fact, instrument, matter or thing unless— [CA 1882, s. 3] (a) it is within the purchaser’s own knowledge or would have come to the purchaser’s knowledge if such inquiries and inspections had been made as ought reasonably to have been made by the purchaser, or (b) in the same transaction with respect to which a question of notice to the purchaser arises, it has come to the knowledge of the purchaser’s counsel, as such, or solicitor or other agent, as such, or would have come to the knowledge of the solicitor or other agent if such inquiries and inspections had been made as ought reasonably to have been made by the solicitor or agent.
\nCourt orders.
\n87.— (1) Without prejudice to any ground of appeal against any order, an order of the court under any statutory or other jurisdiction is not invalid as against a purchaser on the ground of want of— [CA 1881, s. 70] (a) jurisdiction, or (b) any concurrence, consent, notice or service.
\nRegulations for Part 9.
\n88.— With a view to facilitating electronic conveyancing of land or providing further protection for the interests of vendors and purchasers of land, the following matters may be prescribed: (a) the general conditions of sale applicable to a contract for the sale or other disposition of an estate or interest in land; (b) any other matter referred to in this Part.
\nMortgages
\nCreation of mortgages Legal mortgages.
\n89.— (1) A legal mortgage of land may only be created by a charge by deed and such a charge, unless the context requires otherwise, is referred to in this Part as a “mortgage”; and “mortgagor” and “mortgagee” shall be read accordingly.
\nPosition of mortgagor and mortgagee.
\n90.— (1) Subject to this Part, where a mortgage is created after the commencement of this Chapter— (a) the mortgagor has the same powers and rights and the same protection at law and in equity as the mortgagor would have been entitled to, (b) the mortgagee has the same obligations, powers and rights as the mortgagee would have had, if the mortgagee’s security had been created by a conveyance before that commencement of the legal estate or interest in the land of the mortgagor.
\nPowers and rights of mortgagor Documents of title.
\n91.— (1) Subject to subsection (2), a mortgagor, as long as the right to redeem exists, may from time to time, at reasonable times, inspect and make copies or abstracts of or extracts from the documents of title relating to the mortgaged property in the possession or power of the mortgagee. [CA 1881, s. 16]
\nRestriction on consolidation of certain mortgages.
\n92.— Notwithstanding any stipulation to the contrary, a mortgagor is entitled to redeem any housing loan mortgage without having to pay any money due under any other mortgage with the same mortgagee, whether that other mortgage is of the same or other property. [CA 1881, s. 17] Transfer in lieu of discharge.
\n93.— (1) A mortgagor who is entitled to redeem may, subject to compliance with the terms on which the mortgagor would be entitled to require a discharge, require the mortgagee, instead of discharging the mortgage, to assign the mortgage debt and transfer the mortgage to any third person, as the mortgagor directs, and on the mortgagor so directing, the mortgagee is bound to assign and transfer accordingly. [CA 1881, s. 15][CA 1882, s. 12]
\nCourt order for sale.
\n94.— (1) This section applies to any action brought by a mortgagor for— (a) redemption, or (b) sale, or (c) the raising and payment in any manner of the mortgage debt, or (d) any combination of these in the alternative.
\nAdvances on joint account.
\n95.— (1) Where— [CA 1881, s. 61] (a) money advanced or owing under a mortgage, or any part of it, is expressed to be advanced by or owing to two or more persons out of money, or as money, belonging to them on a joint account, or (b) such a mortgage is made to two or more persons jointly and not in shares, the mortgage debt, or other money or money’s worth for the time being due to those persons, shall, as between them and the mortgagor, be deemed to belong to them on a joint account.
\nObligations, powers and rights of mortgagee Powers and rights generally.
\n96.— (1) Subject to this Part, the powers and rights of a mortgagee under sections 97 to 111 — (a) apply to any mortgage created by deed after the commencement of this Chapter, (b) vest, subject to section 62 of the Act of 1964, as soon as the mortgage is created, (c) do not become exercisable unless their exercise is for the purpose of protecting the mortgaged property or realising the mortgagee’s security, (d) in relation to the mortgaged property, apply to any part of it.
\nTaking possession.
\n97.— (1) Subject to section 98 , a mortgagee shall not take possession of the mortgaged property without a court order granted under this section, unless the mortgagor consents in writing to such taking not more than 7 days prior to such taking.
\nAbandoned property.
\n98.— (1) Where a mortgagee has reasonable grounds for believing that— (a) the mortgagor has abandoned the mortgaged property, and (b) urgent steps are necessary to prevent deterioration of, or damage to, the property or entry on it by trespassers or other unauthorised persons, the mortgagee may apply to the District Court, or any court already seised of any application or proceedings relating to the mortgaged property, for an order authorising the mortgagee to take possession of the property.
\nMortgagee in possession.
\n99.— (1) Subject to the terms of any order under section 97 or section 98 , a mortgagee in possession (or after the mortgagee has appointed a receiver and so long as the receiver acts, the receiver) shall take steps within a reasonable time to exercise the power to— (a) sell the mortgaged property under section 100 , or (b) if it is not appropriate to sell, lease the property under section 112 and use the rent and any other income received from the lessee to reduce the mortgage debt, including interest accrued or accruing.
\nPower of sale.
\n100.— (1) Subject to subsection (3) and sections 101 to 107 , a mortgagee or any other person for the time being entitled to receive, and give a discharge for, the mortgage debt may sell or concur with any other person in selling the mortgaged property provided— [CA 1881, ss. 19(1)(i), 20, 21(4), 21(6) and (7)] [CA 1911, s. 5(2)] (a) following service of notice on the mortgagor requiring payment of the mortgage debt, default has been made in payment of that debt, or part of it, for 3 months after such service, or (b) some interest under the mortgage or, in the case of a mortgage debt payable by instalments, some instalment representing interest or part interest and part capital is in arrears and unpaid for 2 months after becoming due, or (c) there has been a breach by the mortgagor, or some person concurring in the mortgage, of some other provision contained in the mortgage or any statutory provision, including this Act, other than a covenant for payment of the mortgage debt or interest, and provided in each such case 28 days’ notice in the prescribed form has been served on the mortgagor warning of the possibility of such sale.
\nApplications under sections 97 and 100.
\n101.— (1) Upon an application for an order under, and without prejudice to the generality of, sections 97
\nIncidental powers.
\n102.— Incidental to the power of sale are the powers to— [CA 1881, s. 19(1)(i)][CA 1911, s. 4] (a) sell the mortgaged property— (i) subject to prior charges or not, (ii) either together or in lots, (iii) by public auction, tender or private contract, (iv) subject to such conditions respecting title, evidence of title, or other matter as the mortgagee or other person selling thinks fit, (b) rescind any contract for sale and resell, (c) impose or reserve or make binding by covenant or otherwise, on the sold part of the mortgaged land, or on the unsold part, any restriction or reservation with respect to building on or other user of land, or with respect to mines and minerals, for the purpose of their more beneficial working, or with respect to any other matter, (d) sell the mortgaged land, or all or any mines and minerals apart from the surface, with or without— (i) any easement, right or privilege connected with building or other purposes on the sold part of the mortgaged land or the unsold part, (ii) an exception or reservation of all or any of the mines and minerals in the mortgaged land and with or without a grant, reservation or imposition of powers of working, wayleaves, rights of way, rights of water and drainage and other powers, easements, rights and privileges for or connected with mining purposes, in relation to or on the sold part of the mortgaged land or the unsold part, (iii) covenants by the purchaser to expend money on the land sold.
\nObligations on selling.
\n103.— (1) In the exercise of the power of sale conferred by this Chapter or any express power of sale, the mortgagee, or any receiver or other person appointed by the mortgagee, shall, notwithstanding any stipulation to the contrary in the mortgage, ensure as far as is reasonably practicable that the mortgaged property is sold at the best price reasonably obtainable.
\nConveyance on sale.
\n104.— (1) A mortgagee exercising the power of sale conferred by this Chapter, or an express power of sale, has power to convey the property in accordance with subsection (2)— [CA 1881, s. 21(1)] (a) freed from all estates, interests and rights in respect of which the mortgage has priority, (b) subject to all estates, interests and rights which have priority to the mortgage.
\nProtection of purchasers.
\n105.— (1) Where a conveyance is made in professed exercise of the power of sale conferred by this Chapter, the title of the purchaser is not impeachable on the ground that— [CA 1881, s. 21(2)][CA 1911, s. 5(1)] (a) no case had arisen to authorise the sale, or (b) due notice had not been given, or (c) the power was otherwise improperly exercised, and a purchaser is not, either before or on conveyance, required to see or inquire whether the power is properly exercised.
\nMortgagee’s receipts.
\n106.— (1) Subject to subsection (2), the receipt in writing of a mortgagee is a conclusive discharge for any money arising under the power of sale conferred by this Chapter, or for any money or securities comprised in the mortgage, or arising under it, and a person paying or transferring the same to the mortgagee is not required to inquire whether any money remains due under the mortgage. [CA 1881, s. 22)]
\nApplication of proceeds of sale.
\n107.— (1) Money received by the mortgagee which arises from the sale of mortgaged property shall be applied in the following order— [CA 1881, s. 21(3)] (a) in discharge of prior incumbrances, if any, to which the sale was not made subject or payment into court of a sum to meet any such prior incumbrances, (b) in payment of all charges, costs and expenses properly incurred by the mortgagee as incident to the sale or any attempted sale or otherwise, (c) in discharge of the mortgage debt, interest and costs, and other money, if any, due under the mortgage.
\nAppointment of receiver.
\n108.— (1) Where— [CA 1881, ss. 19(1)(iii), 24(1)—(7)] (a) following service of notice on the mortgagor requiring payment of the mortgage debt, default has been made in payment of that debt, or part of it, for 3 months after such service, or (b) some interest under the mortgage or, in the case of a mortgage debt payable by instalments, some instalment representing interest or part interest and part capital is in arrears and unpaid for 2 months after becoming due, or (c) there has been a breach by the mortgagor, or some person concurring in the mortgage, of some other provision contained in the mortgage or any statutory provision, including this Act, other than a covenant for payment of the mortgage debt or interest, the mortgagee or any other person for the time being entitled to receive, and give a discharge for, the mortgage debt, may appoint, by writing, such person as the mortgagee or that other person thinks fit to be a receiver of— (i) the income of the mortgaged property, or (ii) if the mortgaged property comprises an interest in income, or a rentcharge or other annual or other periodical sum, that property.
\nApplication of money received.
\n109.— (1) Subject to section 110
\nInsurance.
\n110.— (1) A mortgagee may insure and keep insured any building, effects or other property of an insurable nature, whether affixed to the land or not, which forms part of the mortgaged property. [CA 1881, ss. 19(1)(ii), 23]
\nFuture advances.
\n111.— (1) Where a mortgage is expressed to be created on any land for the purpose of securing future advances (whether with or without present advances), the mortgagee is entitled, in priority to any subsequent mortgage, to the payment of any sum due in respect of any such future advances, except any advances which may have been made after the date of, and with express notice in writing of, the subsequent mortgage.
\nLeases and surrenders of leases Leasing powers.
\n112.— (1) A mortgagor of land, while in possession, may, as against every other incumbrancer, lease the land with the consent in writing of the mortgagee, which consent shall not be unreasonably withheld. [CA 1881, s. 18][CA 1911, s. 3]
\nExercise of leasing powers.
\n113.— (1) A lease to be granted under section 112 shall— (a) reserve the best rent which can reasonably be obtained, taking into account any premium or other capital sum paid by the lessee and other relevant circumstances, and (b) be otherwise granted on the best terms that can reasonably be obtained and accord with good commercial practice, and execution of the lease by the lessor shall be sufficient evidence of execution and delivery of the lease.
\nSurrenders.
\n114.— (1) Subject to subsection (2), a mortgagor or mortgagee in possession (or after the mortgagee has appointed a receiver and so long as the receiver acts, the receiver) may accept a surrender of a lease previously granted under section 112 or as authorised by the terms of the mortgage, whether the surrender relates to the whole or part only of the land leased. [CA 1911, s. 3]
\nJudgment Mortgages Interpretation of Part 11.
\n115.— In this Part, unless the context otherwise requires— [JMA 1858, ss. 3 and 4] “creditor” includes— (a) an authorised agent and any person authorised by the court to register a judgment mortgage on behalf of a judgment creditor, (b) one or some only of several creditors who have obtained the same judgment; “judgment” includes any decree or order of any court of record.
\nRegistration of judgment mortgages.
\n116.— (1) A creditor who has obtained a judgment against a person may apply to the Property Registration Authority to register a judgment mortgage against that person’s estate or interest in land. [JMA 1850, s. 6]
\nEffect of registration.
\n117.— (1) Registration of a judgment mortgage under section 116 operates to charge the judgment debtor's estate or interest in the land with the judgment debt and entitles the judgment mortgagee to apply to the court for an order under this section or section 31 . [JMA 1850, ss. 7 and 8][JMA 1850, s. 8]
\n(5)
\napplies to a voluntary conveyance of land made by the judgment debtor before the creditor registers a judgment mortgage against that land under section 116 as if the creditor were a purchaser for the purposes of section 74 .
\nExtinguishment of judgment mortgages.
\n118.— Registration in the Registry of Deeds of a certificate of satisfaction of a judgment in respect of which a judgment mortgage has been registered extinguishes the judgment mortgage. [JMA 1850, s. 9] Amendment of section 32 of the Act of 1957.
\n119.— Section 32 of the Act of 1957 is amended by the addition of the following subsection: “(3) In the case of a judgment mortgage, the right of action accrues from the date the judgment becomes enforceable and not the date on which it is registered as a mortgage.”.
\nLIS PENDENS Interpretation of Part 12.
\n120.— In this Part— “ manner ” includes form; “prescribed” means prescribed by rules of court; “register” means the register of lis pendens maintained under section 121 .
\nRegister of lis pendens.
\n121.— (1) A register of lis pendens affecting land shall be maintained in the prescribed manner in the Central Office of the High Court. [JA 1844, s. 10]
\nCancellation of entry in register.
\n122.— An entry of a lis pendens in the register shall be cancelled— [JRA 1871, s. 21] (a) with the consent, given in the prescribed manner, of the person on whose application it was registered, or (b) upon the lodgement in the Central Office of the High Court of a notice, given in the prescribed manner, of an order under section 123 vacating the lis pendens.
\nCourt order to vacate lis pendens.
\n123.— Subject to section 124 , a court may make an order to vacate a lis pendens on application by— [LPA 1867, s. 2] (a) the person on whose application it was registered, or (b) any person affected by it, on notice to the person on whose application it was registered— (i) where the action to which it relates has been discontinued or determined, or (ii) where the court is satisfied that there has been an unreasonable delay in prosecuting the action or the action is not being prosecuted bona fide.
\nTransitional.
\n124.— A court shall not under section 123 vacate a lis pendens, registered under section 10 of the Judgments (Ireland) Act 1844 before the repeal of that section, on a ground other than one on which the lis pendens could have been vacated immediately before that repeal.
\nProtection of purchasers.
\n125.— A lis pendens does not bind a purchaser of unregistered land without actual knowledge of it unless it has been registered in the Central Office of the High Court within 5 years before the making of the conveyance to the purchaser. [JMA 1850, s. 5] Amendment of Second Schedule to Courts and Court Officers Act 1995.
\n126.— The Courts and Court Officers Act 1995 is amended, in the Second Schedule, in paragraph 1, by substituting the following for subparagraph (xxiv): “(xxiv) An order under section 123 of the Land and Conveyancing Law Reform Act 2009.”.
\nAmendments to Registration of Title Act 1964 Amendment of section 3.
\n127.— Section 3 (interpretation) of the Act of 1964 is amended in subsection (1)— (a) by the insertion of the following definitions: “ ‘instrument’ has the meaning given to it by section 3 of the Land and Conveyancing Law Reform Act 2009; ‘owner’ includes full owner;”, (b) by the substitution of “ ‘freehold land’ means land the ownership of which is an estate in fee simple in possession;” for the definition of “freehold land”, (c) by the substitution of “ ‘ judgment mortgage ’ means a mortgage registered by a judgment creditor pursuant to section 116 of the Land and Conveyancing Law Reform Act 2009;” for the definition of “judgment mortgage”, (d) by the substitution of “ ‘land’ has the meaning given to it by section 3 of the Land and Conveyancing Law Reform Act 2009;” for the definition of “land”, (e) by the substitution of “estate” for “interest” where it first occurs in the definition of “leasehold interest”, and (f) by the deletion of the definitions of “Bankruptcy Acts”, “Registry of Deeds”, “Settled Land Acts”, “settlement”, “settled land”, “tenant for life” and “trustees of the settlement”.
\nSubstitution of section 25.
\n128.— The following section is substituted for section 25 (effect of failure to register where registration compulsory) of the Act of 1964: “25.— A person shall not acquire an estate or interest in land in any case in which registration of ownership of the land is or becomes compulsory under section 23 or 24 unless the person is registered as owner of the estate or interest within 6 months after the purported acquisition or at such later time as the Authority (or, in case of refusal, the court) may sanction in any particular case, but on any such registration the person’s title shall relate back to the date of the purported acquisition, and any dealings with the land before the registration shall have effect accordingly.”.
\nAmendment of section 69.
\n129.— Section 69 (burdens which may be registered as affecting registered land) of the Act of 1964 is amended by the insertion in subsection (1) of the following paragraph after paragraph (k): “(kk) a freehold covenant within the meaning of section 48 of the Land and Conveyancing Law Reform Act 2009;”.
\nAmendment of section 71.
\n130.— The following section is substituted for section 71 (registration of judgment mortgages) of the Act of 1964: “71.— (1) Application for registration of a judgment mortgage under section 116 of the Land and Conveyancing Law Reform Act 2009 shall, in the case of registered land, be in such form and in such manner as may be prescribed.
\nMiscellaneous Interpretation (Part 14).
\n131.— In this Part, “business” and “lease” have the same meanings as they have in the Landlord and Tenant (Amendment) Act 1980 .
\nReview of rent in certain cases.
\n132.— (1) This section applies to a lease of land to be used wholly or partly for the purpose of carrying on a business.
\nAbolition of power to seize a tenancy.
\n133.— The power of the sheriff, or of other persons entitled to exercise the sheriff’s powers, to seize a tenancy under a writ of fieri facias or other process of execution is abolished except in relation to a tenancy of land that is used wholly or partly for the purpose of carrying on a business.
\nSCHEDULE 1 Amendments
\nEnactment Provision Nature of amendment
\n(1)
\n(2)
\nThe substitution of “sections 57 and 58 of the Land and Conveyancing Law Reform Act 2009” for “section two of the Vendor and Purchaser Act, 1874”.
\nHousing (Gaeltacht) Act 1929
\nIn subsection (2)— (a) the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage made by deed within the meaning of the Conveyancing Acts, 1881 to 1911”, (b) the substitution of “that Act” for “those Acts” in both places where it occurs.
\nMinerals Development Act 1940
\nIn subsections (1) and (2), the deletion of the words “as tenant for life or person having the powers of a tenant for life under a settlement or”.
\nHarbours Act 1946
\nIn subsection (5), the deletion of— (a) “or by reason of his being an infant”, (b) “for his life, or”.
\nStatute of Limitations 1957
\nIn subsection (1), the substitution of “ ‘judgment mortgage’ means a mortgage registered by a judgment creditor under section 116 of the Land and Conveyancing Law Reform Act 2009;” for the definition of “judgment mortgage”.
\nIn subsection (4), the deletion of “any settled land, within the meaning of the Settled Land Acts, 1882 to 1890, or”.
\nCharities Act 1961
\nIn subsection (4), the deletion of “, or the redemption and reconveyance of land which is subject to the mortgage or charge”.
\nIn subsection (1)— (a) in paragraph (h), the substitution of “land,” for “land.”, (b) the insertion of the following paragraph after paragraph (h): “(i) the making of an application for a works order under section 45 of the Land and Conveyancing Law Reform Act 2009.”.
\nCourts (Supplemental Provisions) Act 1961 Third Schedule In column (2) at reference number 19, the insertion of the following after paragraph (c): “(d) applications under sections 94, 97 (except where the property concerned is subject to a housing loan mortgage), 100 (except where the property concerned is subject to a housing loan mortgage) and 117 of the Land and Conveyancing Law Reform Act 2009”.
\nIn column (2) at reference number 22, the insertion of “and under section 55 of the Land and Conveyancing Law Reform Act 2009” after “Proceedings for specific performance of contracts”.
\nIn column (2) at reference number 23, the substitution of “Proceedings under sections 31, 35, 50, 68, and 84 of the Land and Conveyancing Law Reform Act 2009” for “Proceedings for the partition or sale of land”.
\nIn column (2) at reference number 26, the insertion of “Parts 4 and 5 of the Land and Conveyancing Law Reform Act 2009 and” after “Proceedings under”.
\nCompanies Act 1963
\nIn subsection (2)(a), the deletion of— (a) “fee farm grant, sub fee farm grant,”, (b) “any rent reserved on any such grant or”.
\nRegistration of Title Act 1964
\nIn subsection (1), the substitution of “on and after” for “on or after”.
\nIn subsection (3), the deletion of “In either case,”.
\nIn subsection (1), the deletion of “full or limited”.
\nThe deletion of “full or limited”.
\nIn subsection (3), the deletion of “In either case,”.
\nThe deletion of “full or limited”.
\nThe deletion of “full or limited”.
\nThe deletion of “full or limited”.
\nIn subsection (1), the substitution of “A” for “Subject, in the case of a limited owner, to the Settled Land Acts, a”.
\nIn subsection (2), the deletion of “or in such other form as may appear to the Authority to be sufficient to convey the land,”.
\nIn subsection (2), the deletion of— (a) “if he is full owner,” in each place where it occurs, (b) “and if he is not full owner, of such persons as may be prescribed”, and (c) “, and, if he is not full owner, to such persons as may be prescribed”.
\nIn subsection (3)(a), the deletion of— (a) “full or limited”, (b) “, as the case may be”.
\nIn subsection (4), the deletion of “full owner or limited”.
\nIn subsection (2), the deletion of “(or an instrument in such other form as may appear to the Authority to be sufficient to charge the land, provided that such instrument shall expressly charge or reserve out of the land the payment of the money secured)”.
\nIn subsection (6), the substitution of— (a) “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage by deed within the meaning of the Conveyancing Acts”, (b) “under such a mortgage” for “under a mortgage by deed”.
\nIn subsection (2), the deletion of “or in such other form as may appear to the Authority to be sufficient to transfer the charge,”.
\nIn subsection (1), the substitution of “any” for “the person who ought to be registered under this Act, or as to any other”.
\nIn subsection (2), the deletion of “(including a limited owner exercising powers under the Settled Land Acts or this Act)”.
\nIn subsection (4), the deletion of “or, in the case of settled land, as assignees of the registered owner”.
\nIn subsection (6), the substitution of “instruments” for “those”.
\nSuccession Act 1965
\nIn subsection (1)— (a) in paragraph (c), the substitution of “a sub-lease of the land” for “a sub fee farm grant of the land, or a sub-lease thereof”, (b) in paragraph (c), the deletion of “sub fee farm grant or”, (c) the deletion of “grant or”, (d) the deletion of “any rent reserved on such grant or”.
\nHousing Act 1966
\nIn subsection (4)— (a) the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage made by deed within the meaning of the Conveyancing Acts, 1881 to 1911”, (b) the substitution of “that Act” for “those Acts” in both places where it occurs.
\nCharities Act 1973
\nIn subsection (3), the deletion of “or the redemption and reconveyance of land which is subject to the mortgage or charge”.
\nBankruptcy Act 1988
\nIn subsection (1), the deletion of “or a leasehold interest in land”.
\nThe substitution of the following for subsection (1): “(1) A judgment creditor who registers a judgment mortgage under section 116 of the Land and Conveyancing Law Reform Act 2009 shall not, by reason of such registration, be entitled to any priority or preference over simple contract creditors in the event of the person against whom such judgment mortgage is registered being adjudicated bankrupt, unless the judgment mortgage is registered at least three months before the date of the adjudication.”.
\nIn subsection (3)(a)— (a) the deletion of “fee farm grant, sub fee farm grant,”, (b) the deletion of “any rent reserved on any such grant or”.
\nIn subsection (4), the substitution of “a judgment mortgage under section 116 of the Land and Conveyancing Law Reform Act 2009” for “an affidavit of a judgment mortgage under the Judgment Mortgage (Ireland) Act 1850”.
\nIn subsection (5), the substitution of “judgment mortgage” for “affidavit”.
\nTrustee Savings Bank Act 1989
\nThe substitution of the following for subsection (5): “(5) Where a Trustee Savings Bank is a creditor under a judgment within the meaning of section 115 of the Land and Conveyancing Law Reform Act 2009, a judgment mortgage may be registered under section 116 of that Act by the secretary or other officer or the law agent of the bank duly authorised in that behalf by the bank.”.
\nHousing (Miscellaneous Provisions) Act 1992
\nIn subsection (6)— (a) the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage by deed within the meaning of the Conveyancing Acts, 1881 to 1911”, (b) the substitution of “that Act” for “those Acts” in both places where it occurs.
\nFamily Law Act 1995
\nIn subsection (1)(e), the substitution of “under section 31 of the Land and Conveyancing Law Reform Act 2009” for “for the partition of property or under the Partition Act, 1868, and the Partition Act, 1876”.
\nPowers of Attorney Act 1996
\nIn subsection (2), the deletion of “or as a tenant for life within the meaning of the Settled Land Act, 1882, or as a trustee or other person exercising the power of a tenant for life under section 60 of that Act”.
\nFamily Law (Divorce) Act 1996
\nIn subsection (1)(e), the substitution of “under section 31 of the Land and Conveyancing Law Reform Act 2009” for “for the partition of property or under the Partition Act, 1868, and the Partition Act, 1876”.
\nTaxes Consolidation Act 1997
\nIn subsection (3), the deletion of “(and in particular where settled land within the meaning of the Settled Land Act, 1882, is vested in the tenant for life and investments representing capital money are vested in the trustees of the settlement)”.
\nIn subsection (1), the substitution of the following for paragraph (c): “(c) Any judgment mortgage to be registered by a Collector-General under section 116 of the Land and Conveyancing Law Reform Act 2009 may be registered by a successor.”.
\nStamp Duties Consolidation Act 1999
\nIn subsection (1), in the definition of “conveyance on sale”, the deletion of “(including a decree or order for, or having the effect of, an order for foreclosure)”.
\nPlanning and Development Act 2000
\nIn subsection (3A)(c), the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911”.
\nHousing (Miscellaneous Provisions) Act 2002
\nIn subsection (3A)(c), the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911”.
\nCapital Acquisitions Tax Consolidation Act 2003
\nIn subsection (1), in the definition of “general power of appointment”, the deletion of “or exercisable by a tenant for life under the Settled Land Act 1882,”.
\nRegistration of Deeds and Title Act 2006
\nIn subsection (6), the insertion of “and are eligible for reappointment” after “appointment”.
\nIn subsection (3), the deletion of “for one further term”.
\nIn subsection (1), the substitution of— (a) “(g) an application to register a judgment mortgage under section 116 of the Land and Conveyancing Law Reform Act 2009;” for paragraph (g) of the definition of “deed”, (b) “ ‘land’ has the meaning given to it by section 3 of the Land and Conveyancing Law Reform Act 2009;” for the definition of “land”.
\nThe insertion of “of the Act of 1964” after “registration)”.
\nSCHEDULE 2 Repeals
\nPre-Union Irish Statutes Session and Chapter Short Title Extent of Repeal
\n(1)
\n(2)
\n9 Will. 3 c. 11 Clandestine Mortgages Act 1697 The whole Act 2 Anne c. 8 Plus Lands Act 1703 The whole Act 6 Anne c. 10 Administration of Justice Act 1707
\n8 Geo. 1 c. 5 Boundaries Act 1721 The whole Act so far as unrepealed 10 Geo. 1 c. 5 Mining Leases Act 1723 The whole Act so far as unrepealed 9 Geo. 2 c. 7 Timber Act 1735 The whole Act 15 Geo. 2 c. 10 Mining Leases Act 1741 The whole Act 23 Geo. 2 c. 9 Mining Leases Act 1749 The whole Act 1 Geo. 3 c. 8 Hospitals Act 1761 The whole Act 5 Geo. 3 c. 17 Timber Act 1765 The whole Act so far as unrepealed 5 Geo. 3 c. 20 County Hospitals Act 1765 The whole Act so far as unrepealed 7 Geo. 3 c. 8 County Hospitals (Amendment) Act 1767 The whole Act so far as unrepealed 7 Geo. 3 c. 20 Timber Act 1767 The whole Act so far as unrepealed 15 & 16 Geo. 3 c. 26 Timber Act 1775 The whole Act so far as unrepealed 17 & 18 Geo. 3 c. 15 County Hospitals Act 1777 The whole Act 17 & 18 Geo. 3 c. 35 Timber Act 1777 The whole Act 17 & 18 Geo. 3 c. 49 Leases for Lives Act 1777 The whole Act so far as unrepealed 19 & 20 Geo. 3 c. 30 Tenantry Act 1779 The whole Act so far as unrepealed 21 & 22 Geo. 3 c. 27 Leases by Schools Act 1781 The whole Act 23 & 24 Geo. 3 c. 39 Timber Act 1783 The whole Act so far as unrepealed 25 Geo. 3 c. 55 Leases by Schools Act 1785 The whole Act 25 Geo. 3 c. 62 Leases for Corn Mills Act 1785 The whole Act so far as unrepealed 29 Geo. 3 c. 30 Commons Act 1789 The whole Act so far as unrepealed 31 Geo. 3 c. 38 Commons Act 1791 The whole Act 35 Geo. 3 c. 23 Ecclesiastical Lands Act 1795 The whole Act 40 Geo. 3 c. 90 Leases for Cotton Manufacture Act 1800 The whole Act
\nStatutes of England Session and Chapter Short Title Extent of Repeal
\n(1)
\n(2)
\nStatute Quia Emptores 1290 The whole Act
\nStatute of Great Britain 1707 to 1800 Session and Chapter Short Title Extent of Repeal
\n(1)
\n(2)
\nStatutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 Session and Chapter Short Title Extent of Repeal
\n(1)
\n(2)
\n8 & 9 Vic. c. 56 Land Drainage Act 1845 The whole Act so far as unrepealed 8 & 9 Vic. c. 69 Drainage (Ireland) Act 1845 The whole Act 8 & 9 Vic. c. 99 Crown Lands Act 1845 The whole Act 8 & 9 Vic. c. 106 Real Property Act 1845 Sections 2 to 6 and 8 8 & 9 Vic. c. 112 Satisfied Terms Act 1845 The whole Act so far as unrepealed 9 & 10 Vic. c. 4 Drainage (Ireland) Act 1846 The whole Act so far as unrepealed 10 & 11 Vic. c. 32 Landed Property Improvement (Ireland) Act 1847 The whole Act so far as unrepealed 10 & 11 Vic. c. 46 Settled Land (Ireland) Act 1847 The whole Act so far as unrepealed 10 & 11 Vic. c. 79 Drainage (Ireland) Act 1847 The whole Act 11 & 12 Vic. c. 13 Mining Leases (Ireland) Act 1848 The whole Act so far as unrepealed 11 & 12 Vic. c. 80 Tithe Rentcharge (Ireland) Act 1848 The whole Act so far as unrepealed 11 & 12 Vic. c. 102 Crown Lands Act 1848 The whole Act so far as unrepealed 12 & 13 Vic. c. 26 Leases Act 1849 The whole Act so far as unrepealed 12 & 13 Vic. c. 59 Landed Property Improvement (Ireland) Act 1849 The whole Act so far as unrepealed 12 & 13 Vic. c. 105 Renewable Leasehold Conversion Act 1849 The whole Act so far as unrepealed 13 & 14 Vic. c. 29 Judgment Mortgage (Ireland) Act 1850 The whole Act so far as unrepealed 13 & 14 Vic. c. 31 Public Money Drainage Act 1850 The whole Act so far as unrepealed 14 & 15 Vic. c. 7 Leases for Mills (Ireland) Act 1851 The whole Act so far as unrepealed 14 & 15 Vic. c. 20 Fee-Farm Rents (Ireland) Act 1851 The whole Act so far as unrepealed 14 & 15 Vic. c. 42 Crown Lands Act 1851 The whole Act so far as unrepealed 15 & 16 Vic. c. 34 Landed Property Improvement (Ireland) Act 1852 The whole Act so far as unrepealed 15 & 16 Vic. c. 51 Copyhold Act 1852 The whole Act 15 & 16 Vic. c. 62 Crown Lands Act 1852 The whole Act 16 & 17 Vic. c. 56 Crown Lands Act 1853 The whole Act 16 & 17 Vic. c. 130 Drainage and Improvement of Lands (Ireland) Act 1853 The whole Act 17 & 18 Vic. c. 68 Crown Land Revenues Act 1854 The whole Act 18 & 19 Vic. c. 39 Leasing Powers for Religious Worship in Ireland Act 1855 The whole Act so far as unrepealed 18 & 19 Vic. c. 110 Drainage and Improvement of Lands (Ireland) Act 1855 The whole Act 19 & 20 Vic. c. 9 Public Money Drainage Act 1856 The whole Act so far as unrepealed 19 & 20 Vic. c. 62 Drainage (Ireland) Act 1856 The whole Act so far as unrepealed 21 & 22 Vic. c. 42 Prescription (Ireland) Act 1858 The whole Act so far as unrepealed 21 & 22 Vic. c. 72 Landed Estates Court (Ireland) Act 1858 The whole Act so far as unrepealed 21 & 22 Vic. c. 94 Copyhold Act 1858 The whole Act
\n21 & 22 Vic. c. 105 Judgment Mortgage (Ireland) Act 1858 The whole Act so far as unrepealed 22 & 23 Vic. c. 35 Law of Property Amendment Act 1859 Sections 10 to 13, 21, 23 and 24 23 & 24 Vic. c. 38 Law of Property Amendment Act 1860 Sections 7, 8 and 10 23 & 24 Vic. c. 153 Landed Property (Ireland) Improvement Act 1860 The whole Act so far as unrepealed 24 & 25 Vic. c. 123 Landed Estates Court (Ireland) Act 1861 The whole Act so far as unrepealed 25 & 26 Vic. c. 29 Landed Property Improvement (Ireland) Act 1862 The whole Act so far as unrepealed 25 & 26 Vic. c. 37 Crown Private Estates Act 1862 The whole Act so far as unrepealed 26 & 27 Vic. c. 26 Land Drainage Act (Ireland) 1863 The whole Act 26 & 27 Vic. c. 88 Drainage and Improvement of Lands Act (Ireland) 1863 The whole Act 27 & 28 Vic. c. 38 Chief Rents Redemption (Ireland) Act 1864 The whole Act so far as unrepealed 27 & 28 Vic. c. 72 Drainage and Improvement of Lands (Ireland) Act 1864 The whole Act 27 & 28 Vic. c. 107 Drainage and Improvement of Lands Supplemental Act, Ireland 1864 The whole Act 27 & 28 Vic. c. 114 Improvement of Land Act 1864 The whole Act so far as unrepealed 28 & 29 Vic. c. 52 Drainage and Improvement of Lands Amendment Act (Ireland) 1865 The whole Act 28 & 29 Vic. c. 53 Drainage and Improvement of Lands Supplemental Act (No. 2 Ireland) 1865 The whole Act 28 & 29 Vic. c. 78 Mortgage Debenture Act 1865 The whole Act 28 & 29 Vic. c. 101 Land Debentures (Ireland) Act 1865 The whole Act 29 & 30 Vic. c. 26 Landed Property Improvement (Ireland) Act 1866 The whole Act so far as unrepealed 29 & 30 Vic. c. 40 Drainage and Improvement of Land (Ireland) Act 1866 The whole Act so far as unrepealed 29 & 30 Vic. c. 49 Drainage Maintenance Act 1866 The whole Act 29 & 30 Vic. c. 61 Drainage and Improvement of Lands Supplemental Act (Ireland) 1866 The whole Act 29 & 30 Vic. c. 62 Crown Lands Act 1866 The whole Act so far as unrepealed 29 & 30 Vic. c. 99 Landed Estates Court Act 1866 The whole Act so far as unrepealed 30 & 31 Vic. c. 43 Drainage and Improvement of Lands Supplemental Act (Ireland) 1867 The whole Act 30 & 31 Vic. c. 47 Lis Pendens Act 1867 The whole Act so far as unrepealed 30 & 31 Vic. c. 139 Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867 The whole Act 31 & 32 Vic. c. 3 Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 3) 1867 The whole Act 31 & 32 Vic. c. 4 Sales of Reversions Act 1867 The whole Act so far as unrepealed 31 & 32 Vic. c. 40 Partition Act 1868 The whole Act so far as unrepealed 31 & 32 Vic. c. 62 Renewable Leaseholds Conversion (Ireland) Act 1868
\nThe whole Act so far as unrepealed 32 & 33 Vic. c. 72 Drainage and Improvement of Lands Amendment Act, Ireland 1869 The whole Act 34 & 35 Vic. c. 72 Judgments Registry (Ireland) Act 1871
\n35 & 36 Vic. c. 31 Drainage and Improvement of Lands Amendment Act (Ireland) 1872 The whole Act 36 & 37 Vic. c. 36 Crown Lands Act 1873 The whole Act 36 & 37 Vic. c. 61 Crown Private Estates Act 1873 The whole Act so far as unrepealed 37 & 38 Vic. c. 32 Drainage and Improvement of Lands Amendment Act (Ireland) 1874 The whole Act 37 & 38 Vic. c. 37 Powers of Appointment Act 1874 The whole Act so far as unrepealed 37 & 38 Vic. c. 78 Vendor and Purchaser Act 1874 The whole Act so far as unrepealed 38 & 39 Vic. c. 11 Leasing Powers Amendment Act for Religious Purposes in Ireland 1875 The whole Act 39 & 40 Vic. c. 17 Partition Act 1876 The whole Act so far as unrepealed 40 & 41 Vic. c. 18 Settled Estates Act 1877 The whole Act so far as unrepealed 40 & 41 Vic. c. 31 Limited Owners Reservoirs and Water Supply Further Facilities Act 1877 The whole Act so far as unrepealed 40 & 41 Vic. c. 33 Contingent Remainders Act 1877 The whole Act 41 & 42 Vic. c. 59 Drainage and Improvement of Lands (Ireland) Act 1878 The whole Act 44 & 45 Vic. c. 41 Conveyancing Act 1881 Sections 2 to 9, 15 to 24, 26 to 29, 41, 44, 49 to 64, 66, 67, 69, 70, 72 and 73 and the third and fourth Schedules 44 & 45 Vic. c. 65 Leases for Schools (Ireland) Act 1881 The whole Act so far as unrepealed 45 & 46 Vic. c. 38 Settled Land Act 1882 The whole Act so far as unrepealed 45 & 46 Vic. c. 39 Conveyancing Act 1882 Sections 3, 4, 6, 10 and 12 47 & 48 Vic. c. 18 Settled Land Act 1884 The whole Act so far as unrepealed 48 & 49 Vic. c. 79 Crown Lands Act 1885 The whole Act so far as unrepealed 50 & 51 Vic. c. 30 Settled Land Acts (Amendment) Act 1887 The whole Act so far as unrepealed 50 & 51 Vic. c. 73 Copyhold Act 1887 The whole Act so far as unrepealed 51 & 52 Vic. c. 37 Timber (Ireland) Act 1888 The whole Act 52 & 53 Vic. c. 36 Settled Land Act 1889 The whole Act 53 & 54 Vic. c. 69 Settled Land Act 1890 The whole Act so far as unrepealed 55 & 56 Vic. c. 58 Accumulations Act 1892 The whole Act 55 & 56 Vic. c. 65 Drainage and Improvement of Land (Ireland) Act 1892 The whole Act 56 & 57 Vic. c. 21 Voluntary Conveyances Act 1893 The whole Act 57 & 58 Vic. c. 43 Crown Lands Act 1894 The whole Act 58 & 59 Vic. c. 25 Mortgagees Legal Costs Act 1895 The whole Act 62 & 63 Vic. c. 20 Bodies Corporate (Joint Tenancy) Act 1899 The whole Act 62 & 63 Vic. c. 46 Improvement of Land Act 1899 The whole Act so far as unrepealed 6 Edw. 7 c. 28 Crown Lands Act 1906 The whole Act so far as unrepealed 1 & 2 Geo. 5 c. 37 Conveyancing Act 1911 Sections 1, 3 to 6, 9 to 11, 13 and 15 3 & 4 Geo. 5 c. 8 Crown Lands Act 1913
\nThe whole Act
\nActs of the Oireachtas Number and Year
\nNo. 5 of 1957 Married Women’s Status Act 1957 Sections 2(4) and 2(5) No. 16 of 1964 Registration of Title Act 1964 Sections 3(2), 27, 37(2), 44(2), 52(3), 55(3), 61(1), 61(3)(b), 62(3), 62(7), 62(8), 98(4)(a), 99 and 101 No. 27 of 1965 Succession Act 1965 Sections 50(3), 58(2), 95 and 97 No. 3 of 1967 Landlord and Tenant (Ground Rents) Act 1967
\nNo. 10 of 1980 Landlord and Tenant (Amendment) Act 1980 Sections 79 and 80(2) No. 11 of 1981 Courts Acts 1981
\nNo. 6 of 1982 Housing (Private Rented Dwellings) Act 1982
\nNo. 27 of 1988 Bankruptcy Act 1988
\nNo. 18 of 1992 Housing (Miscellaneous Provisions) Act 1992
\nNo. 12 of 1996 Powers of Attorney Act 1996
\nNo. 31 of 1999 Stamp Duties Consolidation Act 1999
\nSCHEDULE 3 Covenants Implied in Conveyances Sections 80 and 81 .
\nExtent of the Burden of Covenants 1. In this Schedule, unless either the context otherwise requires or the contrary is expressed, the covenantor’s liability in respect of any covenant extends to the acts or omissions only of persons within any of the following classes:
\nImplied Covenants Paragraph 1 Class 1 Conveyances Covenants implied in 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”.
\nParagraph 2 Class 2 Conveyances Covenants implied in 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”.
\nThe covenantor’s liability in respect of covenants (5) and (6) is restricted to— (a) any acts or omissions of the covenantor or persons within class (ii) of paragraph 1 in Part 1, and (b) as regards the covenants mentioned in covenant (6), breaches caused by such acts and omissions the consequences of which could not be discovered on reasonable inspection of the land conveyed.
\nParagraph 3 Class 3 Conveyances Covenants implied in 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”.
\nThose covenants are subject to the following variations, that is to say— (a) liability in respect of any breach of the covenants extends to the acts or omissions of any person whether or not that person is within the classes of person set out in paragraph 1 of Part 1; (b) covenant (2) (for quiet enjoyment) is not implied against any mortgagor until the mortgagee has lawfully entered into possession of the land conveyed.
\nParagraph 4 Class 4 Conveyances Covenants implied in a conveyance comprising a mortgage of land comprised in a lease made by a person who is expressed to convey “as beneficial owner”.
\nParagraph 5 Class 5 Conveyances Covenant implied in 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.
\nThat the covenantor has not, by virtue of any act or omission of the covenantor, caused the title to the estate or interest conveyed to be liable to be impeached through the existence of any incumbrance or rendered the covenantor unable to convey that estate or interest in the manner in which it is expressed to be conveyed.
\nAdditional Implied Covenants for Land Comprised in a Lease Paragraph 1 Class 6 Conveyances Additional covenants implied in a conveyance (other than a mortgage) for valuable consideration of— (a) the entirety of 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.
\nParagraph 2 Class 7 Conveyances Additional covenants implied in 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.
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