Re Brady, Deceased ; Brady v Brady

• Jurisdiction: Ireland
• Judgment Date: 24 April 1936
• Date: 24 April 1936
• Court: High Court (Irish Free State)

I. F. S.]

Brady

and

Brady

Lands not registered under the Local Registration of Title (Ir.) Act, 1891 - Lands purchased before the commencement of that Act - Power of the Land Commission to require registration on notice served on the owner - No notice served by the Land Commission - Death of owner of lands -Devolution of lands - Whether realty or personalty - Local Registration of Title (Ir.) Act,1891 (54 55 Vict. c. 66), s. 22 (1); s. 23 (1) (a); ss. 84, 85.

The Local Registration of Title (Ir.) Act, 1891, ss. 22 and 23, provide as follows:—22. - (1) From and after the commencement of this Act the registration of the ownership of freehold land shall be compulsory where the land has been at any time sold and conveyed to or vested in a purchaser under any of the provisions of the Purchase of Land (Ir.) Acts, and is subject to any charge in respect of an annuity or rentcharge for the repayment of an advance made under any of the said provisions on account of the purchase money. 23.—(1) In the case of any land the registration of the ownership of which is by this Act declared to be compulsory - (a) Where the sale has been made before the commencement of this Act the Land Commission may at any time, by notice in the prescribed manner, require the owner to register his ownership of the land under this Act, and thereupon, if the owner shall not within the prescribed time make application to be register accordingly, the Land Commission may make application in the prescribed manner to have the ownership of the land registered under the Act. Section 84 provides that where any freehold registered land which shall have been at any time sold and conveyed to or vested in a purchaser under any of the provisions of the Purchase of Land (Ir.) Acts is vested in any person without right or survivorship to any other person, it shall...