Land and conveyancing law reform act 2009

• Enactment Date: 21 July 2009
• Act Number: 27

Number 27 of 2009

LAND AND CONVEYANCING LAW REFORM ACT 2009

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title.

2. Commencement.

3. Interpretation generally.

4. Service of notices.

5. Regulations.

6. Offences.

7. Expenses.

8. Amendments and repeals.

PART 2

Ownership of Land

9. Ownership and abolition of feudal tenure.

10. Estates and interests in land.

11. Restrictions on legal estates and interests.

12. Prohibition of fee farm grants.

13. Abolition of the fee tail.

14. Prohibition of leases for lives.

PART 3

Future Interests

15. Operation of future interests in land.

16. Abolition of various rules.

17. Scope of section 16.

PART 4

Trusts of Land

18. Trusts of land.

19. Trustees of land.

20. Powers of trustees of land.

21. Overreaching for protection of purchasers.

22. Resolution of disputes.

PART 5

Variation of Trusts

23. Interpretation of Part 5.

24. Jurisdiction of court to vary, etc. trusts.

PART 6

Powers

25. Application of Part 6.

26. Execution of non-testamentary powers of appointment.

27. Release of powers.

28. Disclaimer of powers.

29. Validation of appointments.

PART 7

Co-Ownership

30. Unilateral severance of a joint tenancy.

31. Court orders.

32. Bodies corporate.

PART 8

Appurtenant Rights

Chapter 1

Easements and profits à prendre

33. Interpretation of Chapter 1.

34. Abolition of certain methods of prescription.

35. Acquisition of easements and profits à prendre by prescription.

36. Tenancies.

37. Incapacity.

38. Application of sections 34 to 37.

39. Extinguishment.

40. Implied grant.

Chapter 2

Rentcharges

41. Prohibition of certain rentcharges.

42. Enforcement of rentcharges.

Chapter 3

Party structures

43. Interpretation of Chapter 3.

44. Rights of building owner.

45. Works orders.

46. Terms and conditions of works orders.

47. Discharge or modification of works orders.

Chapter 4

Freehold covenants

48. Interpretation of Chapter 4.

49. Enforceability of freehold covenants.

50. Discharge and modification.

PART 9

Contracts and Conveyances

Chapter 1

Contracts relating to land

51. Evidence in writing.

52. Passing of beneficial interest.

53. Abolition of the Rule in Bain v. Fothergill.

54. Order for return of deposit.

55. Vendor and purchaser summons.

Chapter 2

Title

56. Root of title.

57. Tenancies.

58. Other conditions of title.

59. Protection of purchasers.

60. Fraudulent concealment and falsification.

61. Notice of rights on common title.

Chapter 3

Deeds and their operation

62. Conveyances by deed only.

63. Exceptions to deeds.

64. Formalities for deeds.

65. Escrows by corporate bodies.

66. Conveyance to oneself.

67. Words of limitation.

68. Extinguishment of certain interests.

69. Reservations.

70. Benefit of deeds.

71. Features and rights conveyed with land.

72. Supplemental instruments.

73. Partial releases.

74. Fraudulent dispositions.

Chapter 4

Contents of deeds

75. Construction of instruments.

76. All estate clause.

77. Receipts in deeds.

78. Conditions and covenants not implied.

79. Scope of sections 80 and 81.

80. Covenants for title.

81. Additional covenants for land comprised in a lease.

82. Covenants by or with two or more persons.

83. Covenants by person jointly with others.

84. Production and safe custody of documents.

85. Notices.

Chapter 5

General provisions

86. Restrictions on constructive notice.

87. Court orders.

88. Regulations for Part 9.

PART 10

Mortgages

Chapter 1

Creation of mortgages

89. Legal mortgages.

90. Position of mortgagor and mortgagee.

Chapter 2

Powers and rights of mortgagor

91. Documents of title.

92. Restriction on consolidation of certain mortgages.

93. Transfer in lieu of discharge.

94. Court order for sale.

95. Advances on joint account.

Chapter 3

Obligations, powers and rights of mortgagee

96. Powers and rights generally.

97. Taking possession.

98. Abandoned property.

99. Mortgagee in possession.

100. Power of sale.

101. Applications under sections 97 and 100.

102. Incidental powers.

103. Obligations on selling.

104. Conveyance on sale.

105. Protection of purchasers.

106. Mortgagee’s receipts.

107. Application of proceeds of sale.

108. Appointment of receiver.

109. Application of money received.

110. Insurance.

111. Future advances.

Chapter 4

Leases and surrenders of leases

112. Leasing powers.

113. Exercise of leasing powers.

114. Surrenders.

PART 11

Judgment Mortgages

115. Interpretation of Part 11.

116. Registration of judgment mortgages.

117. Effect of registration.

118. Extinguishment of judgment mortgages.

119. Amendment of section 32 of the Act of 1957.

PART 12

LIS PENDENS

120. Interpretation of Part 12.

121. Register of lis pendens.

122. Cancellation of entry in register.

123. Court order to vacate lis pendens.

124. Transitional.

125. Protection of purchasers.

126. Amendment of Second Schedule to Courts and Court Officers Act 1995.

PART 13

Amendments to Registration of Title Act 1964

127. Amendment of section 3.

128. Substitution of section 25.

129. Amendment of section 69.

130. Amendment of section 71.

PART 14

Miscellaneous

131. Interpretation (Part 14).

132. Review of rent in certain cases.

133. Abolition of power to seize a tenancy.

SCHEDULE 1

Amendments

SCHEDULE 2

Repeals

PART 1

Pre-Union Irish Statutes

PART 2

Statutes of England

PART 3

Statute of Great Britain 1707 to 1800

PART 4

Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922

PART 5

Acts of the Oireachtas

SCHEDULE 3

Covenants Implied in Conveyances

PART 1

Extent of the Burden of Covenants

PART 2

Implied Covenants

PART 3

Additional Implied Covenants for Land Comprised in a Lease

Acts Referred to

Accumulations Act 1892 55 & 56 Vic. c. 58 Administration of Justice Act 1707 6 Anne c. 10 Bankruptcy Act 1988 1988, No. 27 Bodies Corporate (Joint Tenancy) Act 1899 62 & 63 Vic. c. 20 Boundaries Act 1721 8 Geo. 1 c. 5 Building Societies Act 1989 1989, No. 17 Capital Acquisitions Tax Consolidation Act 2003 2003, No. 1 Central Bank and Financial Services Authority of Ireland Act 2004 2004, No. 21 Charities Act 1961 1961, No. 17 Charities Act 1973 1973, No. 13 Charities Act 2009 2009, No. 6 Chief Rents Redemption (Ireland) Act 1864 27 & 28 Vic. c. 38 Circuit Court (Registration of Judgments) Act 1937 1937, No. 3 Clandestine Mortgages Act 1697 9 Will. 3 c. 11 Commons Act 1789 29 Geo. 3 c. 30 Commons Act 1791 31 Geo. 3 c. 38 Companies Act 1963 1963, No. 33 Consumer Credit Act 1995 1995, No. 24 Contingent Remainders Act 1877 40 & 41 Vic. c. 33 Conveyancing Act 1634 10 Chas. 1 sess. 2 c. 3 Conveyancing Act 1881 44 & 45 Vic. c. 41 Conveyancing Act 1882 45 & 46 Vic. c. 39 Conveyancing Act 1911 1 & 2 Geo. 5 c. 37 Conveyancing Acts 1881 to 1911 Copyhold Act 1843 6 & 7 Vic. c. 23 Copyhold Act 1844 7 & 8 Vic. c. 55 Copyhold Act 1852 15 & 16 Vic. c. 51 Copyhold Act 1858 21 & 22 Vic. c. 94 Copyhold Act 1887 50 & 51 Vic. c. 73 County Hospitals (Amendment) Act 1767 7 Geo. 3 c. 8 County Hospitals Act 1765 5 Geo. 3 c. 20 County Hospitals Act 1777 17 & 18 Geo. 3 c. 15 Courts Act 1981 1981, No. 11 Courts and Court Officers Act 1995 1995, No. 31 Courts (Supplemental Provisions) Act 1961 1961, No. 39 Criminal Justice (Theft and Fraud Offences) Act 2001 2001, No. 50 Crown Land Act 1819 59 Geo. 3 c. 94 Crown Land Revenues Act 1854 17 & 18 Vic. c. 68 Crown Lands Act 1823 4 Geo. 4 c. 18 Crown Lands Act 1825 6 Geo. 4 c. 17 Crown Lands Act 1841 5 Vic. c. 1 Crown Lands Act 1845 8 & 9 Vic. c. 99 Crown Lands Act 1848 11 & 12 Vic. c. 102 Crown Lands Act 1851 14 & 15 Vic. c. 42 Crown Lands Act 1852 15 & 16 Vic. c. 62 Crown Lands Act 1853 16 & 17 Vic. c. 56 Crown Lands Act 1866 29 & 30 Vic. c. 62 Crown Lands Act 1873 36 & 37 Vic. c. 36 Crown Lands Act 1885 48 & 49 Vic. c. 79 Crown Lands Act 1894 57 & 58 Vic. c. 43 Crown Lands Act 1906 6 Edw. 7 c. 28 Crown Lands Act 1913 3 & 4 Geo. 5 c. 8 Crown Lands (Ireland) Act 1822 3 Geo. 4 c. 63 Crown Private Estate Act 1800 39 & 40 Geo. 3 c. 88 Crown Private Estates Act 1862 25 & 26 Vic. c. 37 Crown Private Estates Act 1873 36 & 37 Vic. c. 61 Drainage (Ireland) Act 1842 5 & 6 Vic. c. 89 Drainage (Ireland) Act 1845 8 & 9 Vic. c. 69 Drainage (Ireland) Act 1846 9 & 10 Vic. c. 4 Drainage (Ireland) Act 1847 10 & 11 Vic. c. 79 Drainage (Ireland) Act 1856 19 & 20 Vic. c. 62 Drainage and Improvement of Land (Ireland) Act 1866 29 & 30 Vic. c. 40 Drainage and Improvement of Land (Ireland) Act 1892 55 & 56 Vic. c. 65 Drainage and Improvement of Lands (Ireland) Act 1853 16 & 17 Vic. c. 130 Drainage and Improvement of Lands (Ireland) Act 1855 18 & 19 Vic. c. 110 Drainage and Improvement of Lands (Ireland) Act 1864 27 & 28 Vic. c. 72 Drainage and Improvement of Lands (Ireland) Act 1878 41 & 42 Vic. c. 59 Drainage and Improvement of Lands Act (Ireland) 1863 26 & 27 Vic. c. 88 Drainage and Improvement of Lands Amendment Act (Ireland) 1865 28 & 29 Vic. c. 52 Drainage and Improvement of Lands Amendment Act...