Cahill v Ledwith [High Court.]

• Jurisdiction: Ireland
• Judgment Date: 01 January 1934
• Date: 01 January 1934
• Court: High Court (Irish Free State)

[H. C., I. F. S.]

Cahill

and

Ledwith

Registration subject to equities - Owners tenants in common prior to registration - Effect of s. 64 (2) of Local Registration of Title (Ir.) Act,1891 - Owners "deemed to be joint tenants" -Whether beneficial interests affected - Tenancy in common preserved by note as to equities - Evidence necessary to establish joint terancy - 54 55 Vict., c. 66, s. 64 (2); s. 34.

Section 64 (2) of the Local Registration of Title (Ir.) Act, 1891, enacts: "Two or more persons may, in such manner and subject to such conditions as may be prescribed, be registered as owners of the same land or of a charge on land, and where two or more persons are so registered they shall be deemed to be joint tenants, unless there is an entry in the register to the effect that they are tenants in common." When tenants in common are registered under this sub-section, but no entry is made in the register that they are such, and the registration is made subject to equities, they remain tenants in common subsequent to registration, their beneficial interests remaining unaffected as the equities must prevail. So held by the High Court (Hanna and O'Byrne, JJ.). Wellwood v. Wellwood, 3 N. I. J. R. 149, followed.

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