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The Land and Conveyancing Law Reform Act 2009 comprehensively reformed the law of conveyancing, mortgages, registration of and claims to title, rights of way and easements in the Republic of Ireland. Some little-used interests relating to feudal tenure, life interests, leases for lives and fee tails were formally abolished. [37] [38]
The Perpetuities and Accumulations Act 1964 provides for the effect of the rule of interests created thereafter. The Perpetuities and Accumulations Act 2009 codified the "wait and see" doctrine developed by courts and made the perpetuity period 125 years. In Scotland there are similar provisions under the Trusts (Scotland) Act 1921. [10]
In English and Irish law, a fee farm grant is a hybrid type of land ownership typical in cities and towns. The word fee is derived from fief or fiefdom, meaning a feudal landholding, and a fee farm grant is similar to a fee simple in the sense that it gives the grantee the right to hold a freehold estate, the only difference being the payment of an annual rent ("farm" being an archaic word for ...
In the Republic of Ireland, Section 13 of the Land and Conveyancing Law Reform Act 2009 largely abolished the fee tail and converted existing fees tail to fees simple. [19] For constitutional reasons, this section is subject to a saving clause which prevents the conversion of fees tail to fees simple where the protector of the settlement is ...
A case heard in 2010 concerning claims over the Lissadell House estate was based on the historical laws, since amended by the Land and Conveyancing Law Reform Act, 2009. [15] The 2009 act abolished the doctrine of lost modern grant, and allows a user to claim a right of way after 12 years of use across private land owned by another, 30 years on ...
In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. [1] A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title).
Following a 2005 report by the Law Reform Commission, the system of feudal tenure as such, in so far as it had survived, was abolished by the Oireachtas in the Land and Conveyancing Law Reform Act (no. 27 of 2009); fee tail was also abolished. [3] However, estates and interests in land, including incorporeal hereditaments, continue.
An Act for simplifying and improving the practice of Conveyancing; and for vesting in Trustees, Mortgagees, and others various powers commonly conferred by provisions inserted in Settlements, Mortgages, Wills, and other Instruments; and for amending in various particulars the Law of Property; and for other purposes.