Can a Joint Tenancy Be Severed to Protect the Interest of the Judgment Free Joint Owner?

What happens if a judgment mortgage is granted against one owner of a property held as a joint tenancy. How is the other owner affected, if at all? The High Court looked at this question in the case of ADM Mersey PLC v Bergin and Another [2020] IEHC 3, a decision handed down in January, … Read more

Agreement for Lease Versus the Lease Itself-What’s the Difference or Purpose?

Are you considering taking a commercial lease and you are being asked to sign an “agreement for lease” first? Wondering what’s the difference? Or what is the significance, if any? Let’s take a look. Lease A lease sets out the terms and conditions under which a lessee will occupy a premises on an exclusive basis. … Read more

Signing a Contract in Trust Where Principal Did Not Exist-Interesting Court of Appeal Decision

The Court of Appeal handed down an interesting decision in this case involving the sale of land. The facts were that Mr Gibbons was selling real property and Mr Doherty signed the contract for sale in trust and on behalf of a limited company. Mr Gibbons then nominated the beneficiary of the trust and the … Read more

Problems arising with title to your property-statutory provision to the rescue?

The Land and Conveyancing Law Reform Act 2009 may come to your rescue if there is a problem with the title to a property. Recitals Section 59(1) provides 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 … Read more

Landlords to Be Held Liable for Rates of Tenants?

Landlords and lenders were at risk of being held liable for outstanding rates of tenants pursuant to the Local Government Rates and Other Matters Act 2019. Section 13 of the act provides: Payment of rates on sale of relevant property 13. (1) The owner of a relevant property who proposes to sell the property shall, … Read more