McNamee v Longford County Council

• Jurisdiction: Ireland
• Judgment Date: 01 January 1940
• Date: 01 January 1940
• Court: High Court

(H.C.)

McNamee

and

Longford County Council

House maliciously injured - House situated on registered land -Land sold prior to malicious injury and transfer executed to purchaser - Transfer not registered at time of injury - Whether purchaser entitled to claim compensation - Property "belonging to any person" - Effect of a transfer of registered land pending registration - Whether equitable right created sufficient to support claim - Grand Jury (Ir.) Act, 1836 (6 7 Wm. 4, c. 116), s. 135 - Local Government (Ir.) Act, 1898 (61 62 Vict. c. 37), s. 5 - Local Registration of Title (Ireland) Act, 1891 (54 55 Vict. c. 66), ss. 35, 44.

A house situated on certain registered land was maliciously injured. A few days previously the land had been sold and a transfer had been executed to the purchaser, who had paid the purchase money, but the transfer had not been registered at the time of the injury. He claimed compensation for the malicious injury to the house. The Circuit Court Judge admitted his claim and awarded him compensation. On...