Adverse Possession in Ireland
The 12-year rule, factual possession and animus possidendi, and how a squatter defeats a paper owner.
Land LawEasements
The four characteristics, dominant and servient tenements, and how easements are created and acquired by prescription.
Land LawJoint Tenancy vs Tenancy in Common
The four unities, the right of survivorship, why equity leans against a joint tenancy, and severance.
Land LawEstates and tenure
Tenure and its abolition, the doctrine of estates, legal and equitable interests, and Part 2 of the LCLRA 2009.
Land LawFreehold estates
The fee simple absolute, determinable and conditional fees, words of limitation, the abolished fee tail and waste.
Land LawLeases and forfeiture
How leases are created under Deasy’s Act, the covenants implied into them, and how forfeiture and relief against forfeiture work in Irish land law.
Land LawGround rents & tenants’ rights
How Irish tenants claim a new tenancy under the 1980 Act, buy out the fee simple under the 1978 ground rents legislation, or take a reversionary.
Land LawLicences & the family home
How Irish law treats bare, contractual and estoppel licences, the lease or licence test, and section 3 consent under the Family Home Protection.
Land LawFreehold covenants
Benefit and burden at law and in equity, Tulk v Moxhay, and ss.48-50 of the 2009 Act.
Land LawTrusts and settlements
How Part 4 of the 2009 Act turns successive interests in Irish land into a trust of land, who the trustees are, and what is left of the Settled.
Land LawWills and succession
Capacity and formalities for a valid will, witness-beneficiaries, revocation, intestacy shares, the legal right share, s.117.
Land LawMortgages
How Irish mortgages are created, the equity of redemption and clogs on it, the mortgagee’s remedies, the repossession gap and possession of a.
Land LawJudgment mortgages
How judgment mortgages work in Ireland under Part 11 of the LCLRA 2009, and when a conveyance is voidable as a fraudulent disposition under.
Land LawRegistration
Priority by registration in the Registry of Deeds, and the folio, section 72 burdens and conclusiveness.
Case noteWebb v Ireland
The Derrynaflan Hoard, why the State owns antiquities with no known owner, and why the finders were compensated.
Case noteWalsh v Lonsdale
An agreement for a lease is as good as a lease in equity, and the limits Irish courts apply.
Case noteIrish Shell v Costello
Why a petrol station agreement labelled a licence was held a lease, the ratio, and how it is examined.
Case noteHalsall v Brizell
The benefit and burden rule, the limits set by Rhone v Stephens, and the 2009 Act.
Case noteRowe v Law
The Supreme Court’s dual test for extrinsic evidence under section 90 of the Succession Act 1965, and why it still binds.
Case noteKeegan Quarries v McGuinness
Proving fraudulent intent under section 74(3) of the LCLRA 2009 and who may sue on a transfer.
Case noteLarianov v Prendergast
Why a judgment creditor is a volunteer and ranks behind an earlier unregistered mortgage.
Case noteMuintir Skibbereen v Crowley
Why the sale of two family homes was refused, the ratio, and what the case is not authority for.
Case noteDurack v Considine
Animus possidendi, the owner’s future use of land, and how later Irish cases treat it.
Case noteDunne v Iarnród Éireann
The High Court and Supreme Court decisions on factual possession, animus possidendi and adverse possession in Irish law.