Problems affecting easements and rights of way solved by Land and Conveyancing Law Reform Act 2021

The Land and Conveyancing Law Reform Act 2021 has come into force from 30th November2021. This is a short but valuable act which sorts out problems which would have arisen regarding rights of way and easements as a consequence of the Land and Conveyancing Law Reform Act 2009. The Land and Conveyancing Law Reform Act … Read more

Lis Pendens struck out by the High Court due to “inordinate and inexcusable delay” in advancing the legal proceedings

The Kehoes owed Promontoria (Aran) Limited in excess of €3.2M by December 2020. They had borrowed money from Ulster Bank Ireland DAC in 2008, 2010 and 2011 and were unable to repay. In February 2015 Ulster Bank transferred all of their interest and entitlements in the loans to Promontoria (Aran) Limited. In October 2015 Promontoria … Read more

Rights of way and easements-time is running out with 30th November 2021 deadline looming

Time is fast running out for the registration of rights of way arising from prescription-that is, by reason of long use. As the law stands you have up to 30th November 2021 to register your prescriptive easement with the Property Registration Authority. This is the section 49A procedure and is intended for the situation where … Read more

Trust law in Ireland-important changes arising from the Land and Conveyancing Law Reform Act 2009

The Land and Conveyancing Law Reform Act 2009 (‘the Act’) made significant changes to trust law in Ireland. This act replaces the Settled Land Acts 1882-1890. Section 18 of the Act provides that a trust of land arises in certain circumstances such as where land is   Limited by way of succession (a strict settlement) Held … Read more

Did Lease Granted by Borrower Prevent AIB From Securing Possession of D4 Property?

AIB granted a loan to Richard Finbarr Fitzgerald and the parties entered into a mortgage contract. The 1995 mortgage, registered in the Registry of Deeds, was secured on a flat in Dublin 4 and the bank now sought an order for possession. However, there was a problem. Fitzgerald had gone bankrupt in January 2020 but … Read more