February 9 | Uncategorized
Since 1 June 2011, compulsory registration of title with the Land Registry now applies in every county of Ireland, as the counties and cities of Dublin and Cork, the last remaining exceptions, are included in the new system of compulsory registration. Since 1 June 2011, any party selling land or granting a lease (if 21 years or more remain on the lease) must ensure that the land is registered, and if it isn’t, the purchasers will have to apply for first registration of the title with the Land Registry. Sellers of unregistered land will need to hold a map of the property which complies with the requirements laid down by the Property Registration Authority.
Legislating to prepare for a system of E-conveyancing has long been an aim of successive governments. At present, approximately 93% of land in the state is registered, and the addition of counties Dublin and Cork will help towards the aim of having all land registered. If you own property which is unregistered, (i.e. where the deeds and particulars are held in the Registry of Deeds instead of the Land Registry), you should contact us to see about upgrading your title to Land Registry Title. The advantages of owning Land Registry Title are clear: your title is guaranteed by the state and the state will indemnify anyone who suffers a loss as a result of a mistake made by the Land Registry, your evidence of title and ownership is contained on a single document and a map which is drawn to Ordinance Survey standards and is consistent with modern land surveying techniques and procedures.
January 23 | Uncategorized
British appeal ruling may have implications for Irish Wills
The Court of Appeal in England and Wales ruled in March 2011 that a daughter who had been excluded from her mother’s Will after a falling out could request a greater share of the estate. Mrs Melita Jackson cut her daughter Heather Lott out of her will and left her estate of £486,000 to be shared between a number of charities, including RSPCA, RSPB and the Blue Cross. Her daughter Heather challenged the will in her local county court, which ruled that she should receive £50,000. She appealed this award in the High Court and was successfully opposed by the charities who stood to benefit, leaving her with nothing. On appeal the court ruled that it was “unreasonable” of Mrs Kackson to put charities before the welfare of her own daughter and held that Heather Lott was entitled to a greater share of the estate than £50,000 and gave the parties time to negotiate before further costs were incurred. Although case law in Britain is not binding in Ireland, it has a strong persuasive authority, given that we have similar legal systems. This landmark case will likely to lead to more successful challenges to relatives’ wills and bequests.
August 4 | Uncategorized
Good Samaritans, rights of way and family maintenance, The Civil Law (Miscellaneous Provisions) Act 2011
From time to time, Miscellaneous Provisions legislation is introduced to tidy up areas of the law that don’t fit neatly into the government’s legislative programme. The Civil Law (Miscellaneous Provisions) Act 2011 covers areas as diverse as sale of alcohol, tribunals of inquiry, equality and immigration. Section 3 deals with liability of good Samaritans and volunteers, the first time the topic has been addressed in Irish law. The act states that good Samaritans will not be personally liable when giving assistance to another person who is in injured or in danger, for example, by administering as first aid. This protection also covers emergencies which the person has caused themselves. Volunteers are also covered when engaged in activities authorised by their organisations. Part 8 of the Act gives the courts more powers in cases where family maintenance payments have not been made. Failure to make payments can now be considered a contempt of court and the District Court can now insist a person comes before it to deal with the matter. Parts 12 and 13 deal with registration of rights of way and allows landowners to register a right of way with the Property Registration Authority without having to get a court order, if the parties involved agree on the right of way.