Bryan's Estate Re

• Jurisdiction: Ireland
• Judgment Date: 22 July 1941
• Date: 22 July 1941
• Court: High Court

In re Bryan's Estate

- Charge of uncertain amount created by Court order - Amount later ascertained but never paid - Date of commencement of prescriptive period - Whether when charge created or when amount ascertained - Vesting in Land Commission of lands subject to charge -Whether prescriptive period continued after appointed day - Real Property Limitation Act, 1833 (3 4 Will. 4, c. 27) ss. 3, 40; Real Property Limitation Act, 1874 (37 38 Vict. c.57), s. 1; Land Law (Ireland) Act, 1896 (59 60 Vict. c. 47), s. 33, sub-s. 4.

A perpetual yearly rentcharge was created under the provisions of s. 33, sub-s. 4, of the Land Law (Ir.) Act, 1896, by order of the Judicial Commissioner in 1922, but the order was so framed that the amount of the rentcharge was not definitely ascertained until 1924. No payment was ever made or acknowledgment given on foot of the rentcharge and the lands subject thereto became vested in the Irish Land...