Land And Conveyancing Law Reform Act 2009 (2009_act_27) | IE

ISB Act 2009-07-21

Schedule 1 Land And Conveyancing Law Reform Act 2009 Open official source

SCHEDULE 1 Amendments

SCHEDULE 1

Amendments

Section 8(1).

Enactment

Provision

Nature of amendment

(1)

(2)

(3)

Trustee Act 1893

Section 15

The substitution of “sections 57 and 58 of the Land and Conveyancing Law Reform Act 2009” for “section two of the Vendor and Purchaser Act, 1874”.

Housing (Gaeltacht) Act 1929

Section 9

In subsection (2)— (a) the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage made by deed within the meaning of the Conveyancing Acts, 1881 to 1911”, (b) the substitution of “that Act” for “those Acts” in both places where it occurs.

In subsection (2)—

(a) the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage made by deed within the meaning of the Conveyancing Acts, 1881 to 1911”,

(b) the substitution of “that Act” for “those Acts” in both places where it occurs.

Minerals Development Act 1940

Section 52

In subsections (1) and (2), the deletion of the words “as tenant for life or person having the powers of a tenant for life under a settlement or”.

Harbours Act 1946

Section 169

In subsection (5), the deletion of— (a) “or by reason of his being an infant”, (b) “for his life, or”.

In subsection (5), the deletion of—

(a) “or by reason of his being an infant”,

(b) “for his life, or”.

Statute of Limitations 1957

Section 2

In subsection (1), the substitution of “ ‘judgment mortgage’ means a mortgage registered by a judgment creditor under section 116 of the Land and Conveyancing Law Reform Act 2009;” for the definition of “judgment mortgage”.

Section 25

In subsection (4), the deletion of “any settled land, within the meaning of the Settled Land Acts, 1882 to 1890, or”.

Charities Act 1961

Section 34

In subsection (4), the deletion of “, or the redemption and reconveyance of land which is subject to the mortgage or charge”.

Section 37

In subsection (1)— (a) in paragraph (h), the substitution of “land,” for “land.”, (b) the insertion of the following paragraph after paragraph (h): “(i) the making of an application for a works order under section 45 of the Land and Conveyancing Law Reform Act 2009.”.

In subsection (1)—

(a) in paragraph (h), the substitution of “land,” for “land.”,

(b) the insertion of the following paragraph after paragraph (h)

“(i) the making of an application for a works order under section 45 of the Land and Conveyancing Law Reform Act 2009.”.

Courts (Supplemental Provisions) Act 1961

Third Schedule

In column (2) at reference number 19, the insertion of the following after paragraph (c): “(d) applications under sections 94, 97 (except where the property concerned is subject to a housing loan mortgage), 100 (except where the property concerned is subject to a housing loan mortgage) and 117 of the Land and Conveyancing Law Reform Act 2009”. In column (2) at reference number 22, the insertion of “and under section 55 of the Land and Conveyancing Law Reform Act 2009” after “Proceedings for specific performance of contracts”. In column (2) at reference number 23, the substitution of “Proceedings under sections 31, 35, 50, 68, and 84 of the Land and Conveyancing Law Reform Act 2009” for “Proceedings for the partition or sale of land”. In column (2) at reference number 26, the insertion of “Parts 4 and 5 of the Land and Conveyancing Law Reform Act 2009 and” after “Proceedings under”.

In column (2) at reference number 19, the insertion of the following after paragraph (c)

“(d) applications under sections 94, 97 (except where the property concerned is subject to a housing loan mortgage), 100 (except where the property concerned is subject to a housing loan mortgage) and 117 of the Land and Conveyancing Law Reform Act 2009”.

In column (2) at reference number 22, the insertion of “and under section 55 of the Land and Conveyancing Law Reform Act 2009” after “Proceedings for specific performance of contracts”.

In column (2) at reference number 23, the substitution of “Proceedings under sections 31, 35, 50, 68, and 84 of the Land and Conveyancing Law Reform Act 2009” for “Proceedings for the partition or sale of land”.

In column (2) at reference number 26, the insertion of “Parts 4 and 5 of the Land and Conveyancing Law Reform Act 2009 and” after “Proceedings under”.

Companies Act 1963

Section 231

In subsection (2)(a), the deletion of— (a) “fee farm grant, sub fee farm grant,”, (b) “any rent reserved on any such grant or”.

In subsection (2)(a), the deletion of—

(a) “fee farm grant, sub fee farm grant,”,

(b) “any rent reserved on any such grant or”.

Registration of Title Act 1964

Section 24

In subsection (1), the substitution of “on and after” for “on or after”.

Section 37

In subsection (3), the deletion of “In either case,”.

Section 38

In subsection (1), the deletion of “full or limited”.

Section 39

The deletion of “full or limited”.

Section 44

In subsection (3), the deletion of “In either case,”.

Section 45

The deletion of “full or limited”.

Section 46

The deletion of “full or limited”.

Section 47

The deletion of “full or limited”.

Section 51

In subsection (1), the substitution of “A” for “Subject, in the case of a limited owner, to the Settled Land Acts, a”. In subsection (2), the deletion of “or in such other form as may appear to the Authority to be sufficient to convey the land,”.

In subsection (1), the substitution of “A” for “Subject, in the case of a limited owner, to the Settled Land Acts, a”.

In subsection (2), the deletion of “or in such other form as may appear to the Authority to be sufficient to convey the land,”.

Section 60

In subsection (2), the deletion of— (a) “if he is full owner,” in each place where it occurs, (b) “and if he is not full owner, of such persons as may be prescribed”, and (c) “, and, if he is not full owner, to such persons as may be prescribed”.

In subsection (2), the deletion of—

(a) “if he is full owner,” in each place where it occurs,

(b) “and if he is not full owner, of such persons as may be prescribed”, and

(c) “, and, if he is not full owner, to such persons as may be prescribed”.

Section 61

In subsection (3)(a), the deletion of— (a) “full or limited”, (b) “, as the case may be”. In subsection (4), the deletion of “full owner or limited”.

In subsection (3)(a), the deletion of—

(a) “full or limited”,

(b) “, as the case may be”.

In subsection (4), the deletion of “full owner or limited”.

Section 62

In subsection (2), the deletion of “(or an instrument in such other form as may appear to the Authority to be sufficient to charge the land, provided that such instrument shall expressly charge or reserve out of the land the payment of the money secured)”. In subsection (6), the substitution of— (a) “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage by deed within the meaning of the Conveyancing Acts”, (b) “under such a mortgage” for “under a mortgage by deed”.

In subsection (2), the deletion of “(or an instrument in such other form as may appear to the Authority to be sufficient to charge the land, provided that such instrument shall expressly charge or reserve out of the land the payment of the money secured)”.

In subsection (6), the substitution of—

(a) “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage by deed within the meaning of the Conveyancing Acts”,

(b) “under such a mortgage” for “under a mortgage by deed”.

Section 64

In subsection (2), the deletion of “or in such other form as may appear to the Authority to be sufficient to transfer the charge,”.

Section 100

In subsection (1), the substitution of “any” for “the person who ought to be registered under this Act, or as to any other”. In subsection (2), the deletion of “(including a limited owner exercising powers under the Settled Land Acts or this Act)”.

In subsection (1), the substitution of “any” for “the person who ought to be registered under this Act, or as to any other”.

In subsection (2), the deletion of “(including a limited owner exercising powers under the Settled Land Acts or this Act)”.

Section 103

In subsection (4), the deletion of “or, in the case of settled land, as assignees of the registered owner”.

Section 123

In subsection (6), the substitution of “instruments” for “those”.

Succession Act 1965

Section 60

In subsection (1)— (a) in paragraph (c), the substitution of “a sub-lease of the land” for “a sub fee farm grant of the land, or a sub-lease thereof”, (b) in paragraph (c), the deletion of “sub fee farm grant or”, (c) the deletion of “grant or”, (d) the deletion of “any rent reserved on such grant or”.

In subsection (1)—

(a) in paragraph (c), the substitution of “a sub-lease of the land” for “a sub fee farm grant of the land, or a sub-lease thereof”,

(b) in paragraph (c), the deletion of “sub fee farm grant or”,

(c) the deletion of “grant or”,

(d) the deletion of “any rent reserved on such grant or”.

Housing Act 1966

Section 71

In subsection (4)— (a) the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage made by deed within the meaning of the Conveyancing Acts, 1881 to 1911”, (b) the substitution of “that Act” for “those Acts” in both places where it occurs.

In subsection (4)—

(a) the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage made by deed within the meaning of the Conveyancing Acts, 1881 to 1911”,

(b) the substitution of “that Act” for “those Acts” in both places where it occurs.

Charities Act 1973

Section 4

In subsection (3), the deletion of “or the redemption and reconveyance of land which is subject to the mortgage or charge”.

Bankruptcy Act 1988

Section 50

In subsection (1), the deletion of “or a leasehold interest in land”.

Section 51

The substitution of the following for subsection (1): “(1) A judgment creditor who registers a judgment mortgage under section 116 of the Land and Conveyancing Law Reform Act 2009 shall not, by reason of such registration, be entitled to any priority or preference over simple contract creditors in the event of the person against whom such judgment mortgage is registered being adjudicated bankrupt, unless the judgment mortgage is registered at least three months before the date of the adjudication.”.

The substitution of the following for subsection (1)

“(1) A judgment creditor who registers a judgment mortgage under section 116 of the Land and Conveyancing Law Reform Act 2009 shall not, by reason of such registration, be entitled to any priority or preference over simple contract creditors in the event of the person against whom such judgment mortgage is registered being adjudicated bankrupt, unless the judgment mortgage is registered at least three months before the date of the adjudication.”.

Section 61

In subsection (3)(a)— (a) the deletion of “fee farm grant, sub fee farm grant,”, (b) the deletion of “any rent reserved on any such grant or”.

In subsection (3)(a)—

(a) the deletion of “fee farm grant, sub fee farm grant,”,

(b) the deletion of “any rent reserved on any such grant or”.

Section 87

In subsection (4), the substitution of “a judgment mortgage under section 116 of the Land and Conveyancing Law Reform Act 2009” for “an affidavit of a judgment mortgage under the Judgment Mortgage (Ireland) Act 1850”.

In subsection (5), the substitution of “judgment mortgage” for “affidavit”.

Trustee Savings Bank Act 1989

Section 23

The substitution of the following for subsection (5): “(5) Where a Trustee Savings Bank is a creditor under a judgment within the meaning of section 115 of the Land and Conveyancing Law Reform Act 2009, a judgment mortgage may be registered under section 116 of that Act by the secretary or other officer or the law agent of the bank duly authorised in that behalf by the bank.”.

The substitution of the following for subsection (5)

“(5) Where a Trustee Savings Bank is a creditor under a judgment within the meaning of section 115 of the Land and Conveyancing Law Reform Act 2009, a judgment mortgage may be registered under section 116 of that Act by the secretary or other officer or the law agent of the bank duly authorised in that behalf by the bank.”.

Housing (Miscellaneous Provisions) Act 1992

Section 5

In subsection (6)— (a) the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage by deed within the meaning of the Conveyancing Acts, 1881 to 1911”, (b) the substitution of “that Act” for “those Acts” in both places where it occurs.

In subsection (6)—

(a) the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage by deed within the meaning of the Conveyancing Acts, 1881 to 1911”,

(b) the substitution of “that Act” for “those Acts” in both places where it occurs.

Family Law Act 1995

Section 10

In subsection (1)(e), the substitution of “under section 31 of the Land and Conveyancing Law Reform Act 2009” for “for the partition of property or under the Partition Act, 1868, and the Partition Act, 1876”.

Powers of Attorney Act 1996

Section 16

In subsection (2), the deletion of “or as a tenant for life within the meaning of the Settled Land Act, 1882, or as a trustee or other person exercising the power of a tenant for life under section 60 of that Act”.

Family Law (Divorce) Act 1996

Section 15

In subsection (1)(e), the substitution of “under section 31 of the Land and Conveyancing Law Reform Act 2009” for “for the partition of property or under the Partition Act, 1868, and the Partition Act, 1876”.

Taxes Consolidation Act 1997

Section 574

In subsection (3), the deletion of “(and in particular where settled land within the meaning of the Settled Land Act, 1882, is vested in the tenant for life and investments representing capital money are vested in the trustees of the settlement)”.

Section 964

In subsection (1), the substitution of the following for paragraph (c): “(c) Any judgment mortgage to be registered by a Collector-General under section 116 of the Land and Conveyancing Law Reform Act 2009 may be registered by a successor.”.

In subsection (1), the substitution of the following for paragraph (c)

“(c) Any judgment mortgage to be registered by a Collector-General under section 116 of the Land and Conveyancing Law Reform Act 2009 may be registered by a successor.”.

Stamp Duties Consolidation Act 1999

Section 1

In subsection (1), in the definition of “conveyance on sale”, the deletion of “(including a decree or order for, or having the effect of, an order for foreclosure)”.

Planning and Development Act 2000

Section 99

In subsection (3A)(c), the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911”.

Housing (Miscellaneous Provisions) Act 2002

Section 9

In subsection (3A)(c), the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911”.

Capital Acquisitions Tax Consolidation Act 2003

Section 2

In subsection (1), in the definition of “general power of appointment”, the deletion of “or exercisable by a tenant for life under the Settled Land Act 1882,”.

Registration of Deeds and Title Act 2006

Section 11 Section 12 Section 32 Section 55

Section 11

Section 12

Section 32

Section 55

In subsection (6), the insertion of “and are eligible for reappointment” after “appointment”. In subsection (3), the deletion of “for one further term”. In subsection (1), the substitution of— (a) “(g) an application to register a judgment mortgage under section 116 of the Land and Conveyancing Law Reform Act 2009;” for paragraph (g) of the definition of “deed”, (b) “ ‘land’ has the meaning given to it by section 3 of the Land and Conveyancing Law Reform Act 2009;” for the definition of “land”. The insertion of “of the Act of 1964” after “registration)”.

In subsection (6), the insertion of “and are eligible for reappointment” after “appointment”.

In subsection (3), the deletion of “for one further term”.

In subsection (1), the substitution of—

(a) “(g) an application to register a judgment mortgage under section 116 of the Land and Conveyancing Law Reform Act 2009;” for paragraph (g) of the definition of “deed”,

(b) “ ‘land’ has the meaning given to it by section 3 of the Land and Conveyancing Law Reform Act 2009;” for the definition of “land”.

The insertion of “of the Act of 1964” after “registration)”.

ISB Act 2009-07-21

Schedule 2 Land And Conveyancing Law Reform Act 2009 Open official source

SCHEDULE 2 Repeals

SCHEDULE 2

Repeals

Section 8(3).

PART 1 Pre-Union Irish Statutes

PART 1

Pre-Union Irish Statutes

Session and Chapter

Short Title

Extent of Repeal

(1)

(2)

(3)

10 Chas. 1 sess. 2 c. 1

Statute of Uses 1634

The whole Act so far as unrepealed

10 Chas. 1 sess. 2 c. 3

Conveyancing Act 1634

The whole Act so far as unrepealed

10 Chas. 1 sess. 3 c. 15

Maintenance and Embracery Act 1634

Sections 2, 4 and 6

10 & 11 Chas. 1 c. 3

10 & 11

Chas. 1 c. 3

Ecclesiastical Lands Act 1634

The whole Act so far as unrepealed

15 Chas. 1 c. 3

Forfeiture Act 1639

The whole Act

14 & 15 Chas. 2 sess. 4 c. 19

Tenures Abolition Act 1662

The whole Act so far as unrepealed

7 Will. 3 c. 8

Life Estates Act 1695

The whole Act

7 Will. 3 c. 12

Statute of Frauds 1695

In section 2, the words “or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them,”.

9 Will. 3 c. 11

Clandestine Mortgages Act 1697

The whole Act

2 Anne c. 8

Plus Lands Act 1703

The whole Act

6 Anne c. 10

Administration of Justice Act 1707

Section 23

8 Geo. 1 c. 5

Boundaries Act 1721

The whole Act so far as unrepealed

10 Geo. 1 c. 5

Mining Leases Act 1723

The whole Act so far as unrepealed

9 Geo. 2 c. 7

Timber Act 1735

The whole Act

15 Geo. 2 c. 10

Mining Leases Act 1741

The whole Act

23 Geo. 2 c. 9

Mining Leases Act 1749

The whole Act

1 Geo. 3 c. 8

Hospitals Act 1761

The whole Act

5 Geo. 3 c. 17

Timber Act 1765

The whole Act so far as unrepealed

5 Geo. 3 c. 20

County Hospitals Act 1765

The whole Act so far as unrepealed

7 Geo. 3 c. 8

County Hospitals (Amendment) Act 1767

The whole Act so far as unrepealed

7 Geo. 3 c. 20

Timber Act 1767

The whole Act so far as unrepealed

15 & 16 Geo. 3 c. 26

Timber Act 1775

The whole Act so far as unrepealed

17 & 18 Geo. 3 c. 15

County Hospitals Act 1777

The whole Act

17 & 18 Geo. 3 c. 35

Timber Act 1777

The whole Act

17 & 18 Geo. 3 c. 49

Leases for Lives Act 1777

The whole Act so far as unrepealed

19 & 20 Geo. 3 c. 30

Tenantry Act 1779

The whole Act so far as unrepealed

21 & 22 Geo. 3 c. 27

Leases by Schools Act 1781

The whole Act

23 & 24 Geo. 3 c. 39

Timber Act 1783

The whole Act so far as unrepealed

25 Geo. 3 c. 55

Leases by Schools Act 1785

The whole Act

25 Geo. 3 c. 62

Leases for Corn Mills Act 1785

The whole Act so far as unrepealed

29 Geo. 3 c. 30

Commons Act 1789

The whole Act so far as unrepealed

31 Geo. 3 c. 38

Commons Act 1791

The whole Act

35 Geo. 3 c. 23

Ecclesiastical Lands Act 1795

The whole Act

40 Geo. 3 c. 90

Leases for Cotton Manufacture Act 1800

The whole Act

PART 2 Statutes of England

PART 2

Statutes of England

Session and Chapter

Short Title

Extent of Repeal

(1)

(2)

(3)

13 Edw. 1 Stat. Westm. sec. c. 1

Statute De Donis Conditionalibus 1285

The whole Act so far as unrepealed

18 Edw. 1 Stat. d’ni R. de t’ris, & c.

Statute Quia Emptores 1290

The whole Act

PART 3 Statute of Great Britain 1707 to 1800

PART 3

Statute of Great Britain 1707 to 1800

Session and Chapter

Short Title

Extent of Repeal

(1)

(2)

(3)

39 & 40 Geo. 3 c. 88

Crown Private Estate Act 1800

The whole Act so far as unrepealed

PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922

PART 4

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

Session and Chapter

Short Title

Extent of Repeal

(1)

(2)

(3)

46 Geo. 3 c. 71

Mines (Ireland) Act 1806

The whole Act

50 Geo. 3 c. 33

School Sites (Ireland) Act 1810

The whole Act so far as unrepealed

59 Geo. 3 c. 94

Crown Land Act 1819

The whole Act

3 Geo. 4 c. 63

Crown Lands (Ireland) Act 1822

The whole Act so far as unrepealed

4 Geo. 4 c. 18

Crown Lands Act 1823

The whole Act

6 Geo. 4 c. 17

Crown Lands Act 1825

The whole Act

11 Geo. 4 & 1 Will. 4 c. 46

Illusory Appointments Act 1830

The whole Act so far as unrepealed

2 & 3 Will. 4 c. 71

Prescription Act 1832

The whole Act so far as unrepealed

3 & 4 Will. 4 c. 74

Fines and Recoveries Act 1833

The whole Act so far as unrepealed

3 & 4 Will. 4 c. 106

Inheritance Act 1833

The whole Act so far as unrepealed

4 & 5 Will. 4 c. 92

Fines and Recoveries (Ireland) Act 1834

The whole Act so far as unrepealed

5 & 6 Will. 4 c. 74

Tithes Act 1835

The whole Act so far as unrepealed

5 & 6 Will. 4 c. 75

Tithing of Turnips Act 1835

The whole Act so far as unrepealed

6 & 7 Will. 4 c. 70

Sites for Schoolrooms Act 1836

The whole Act so far as unrepealed

1 & 2 Vic. c. 62

Renewal of Leases (Ireland) Act 1838

The whole Act so far as unrepealed

1 & 2 Vic. c. 109

Tithe Rentcharge (Ireland) Act 1838

The whole Act so far as unrepealed

2 & 3 Vic. c. 3

Tithe Arrears (Ireland) Act 1839

The whole Act so far as unrepealed

5 Vic. c. 1

Crown Lands Act 1841

The whole Act

5 & 6 Vic. c. 89

Drainage (Ireland) Act 1842

The whole Act

6 & 7 Vic. c. 23

Copyhold Act 1843

The whole Act

7 & 8 Vic. c. 55

Copyhold Act 1844

The whole Act

7 & 8 Vic. c. 90

Judgments (Ireland) Act 1844

Section 10

8 & 9 Vic. c. 56

Land Drainage Act 1845

The whole Act so far as unrepealed

8 & 9 Vic. c. 69

Drainage (Ireland) Act 1845

The whole Act

8 & 9 Vic. c. 99

Crown Lands Act 1845

The whole Act

8 & 9 Vic. c. 106

Real Property Act 1845

Sections 2 to 6 and 8

8 & 9 Vic. c. 112

Satisfied Terms Act 1845

The whole Act so far as unrepealed

9 & 10 Vic. c. 4

Drainage (Ireland) Act 1846

The whole Act so far as unrepealed

10 & 11 Vic. c. 32

Landed Property Improvement (Ireland) Act 1847

The whole Act so far as unrepealed

10 & 11 Vic. c. 46

Settled Land (Ireland) Act 1847

The whole Act so far as unrepealed

10 & 11 Vic. c. 79

Drainage (Ireland) Act 1847

The whole Act

11 & 12 Vic. c. 13

Mining Leases (Ireland) Act 1848

The whole Act so far as unrepealed

11 & 12 Vic. c. 80

Tithe Rentcharge (Ireland) Act 1848

The whole Act so far as unrepealed

11 & 12 Vic. c. 102

Crown Lands Act 1848

The whole Act so far as unrepealed

12 & 13 Vic. c. 26

Leases Act 1849

The whole Act so far as unrepealed

12 & 13 Vic. c. 59

Landed Property Improvement (Ireland) Act 1849

The whole Act so far as unrepealed

12 & 13 Vic. c. 105

Renewable Leasehold Conversion Act 1849

The whole Act so far as unrepealed

13 & 14 Vic. c. 29

Judgment Mortgage (Ireland) Act 1850

The whole Act so far as unrepealed

13 & 14 Vic. c. 31

Public Money Drainage Act 1850

The whole Act so far as unrepealed

14 & 15 Vic. c. 7

Leases for Mills (Ireland) Act 1851

The whole Act so far as unrepealed

14 & 15 Vic. c. 20

Fee-Farm Rents (Ireland) Act 1851

The whole Act so far as unrepealed

14 & 15 Vic. c. 42

Crown Lands Act 1851

The whole Act so far as unrepealed

15 & 16 Vic. c. 34

Landed Property Improvement (Ireland) Act 1852

The whole Act so far as unrepealed

15 & 16 Vic. c. 51

Copyhold Act 1852

The whole Act

15 & 16 Vic. c. 62

Crown Lands Act 1852

The whole Act

16 & 17 Vic. c. 56

Crown Lands Act 1853

The whole Act

16 & 17 Vic. c. 130

Drainage and Improvement of Lands (Ireland) Act 1853

The whole Act

17 & 18 Vic. c. 68

Crown Land Revenues Act 1854

The whole Act

18 & 19 Vic. c. 39

Leasing Powers for Religious Worship in Ireland Act 1855

The whole Act so far as unrepealed

18 & 19 Vic. c. 110

Drainage and Improvement of Lands (Ireland) Act 1855

The whole Act

19 & 20 Vic. c. 9

Public Money Drainage Act 1856

The whole Act so far as unrepealed

19 & 20 Vic. c. 62

Drainage (Ireland) Act 1856

The whole Act so far as unrepealed

21 & 22 Vic. c. 42

Prescription (Ireland) Act 1858

The whole Act so far as unrepealed

21 & 22 Vic. c. 72

Landed Estates Court (Ireland) Act 1858

The whole Act so far as unrepealed

21 & 22 Vic. c. 94

Copyhold Act 1858

The whole Act

21 & 22 Vic. c. 105

Judgment Mortgage (Ireland) Act 1858

The whole Act so far as unrepealed

22 & 23 Vic. c. 35

Law of Property Amendment Act 1859

Sections 10 to 13, 21, 23 and 24

23 & 24 Vic. c. 38

Law of Property Amendment Act 1860

Sections 7, 8 and 10

23 & 24 Vic. c. 153

Landed Property (Ireland) Improvement Act 1860

The whole Act so far as unrepealed

24 & 25 Vic. c. 123

Landed Estates Court (Ireland) Act 1861

The whole Act so far as unrepealed

25 & 26 Vic. c. 29

Landed Property Improvement (Ireland) Act 1862

The whole Act so far as unrepealed

25 & 26 Vic. c. 37

Crown Private Estates Act 1862

The whole Act so far as unrepealed

26 & 27 Vic. c. 26

Land Drainage Act (Ireland) 1863

The whole Act

26 & 27 Vic. c. 88

Drainage and Improvement of Lands Act (Ireland) 1863

The whole Act

27 & 28 Vic. c. 38

Chief Rents Redemption (Ireland) Act 1864

The whole Act so far as unrepealed

27 & 28 Vic. c. 72

Drainage and Improvement of Lands (Ireland) Act 1864

The whole Act

27 & 28 Vic. c. 107

Drainage and Improvement of Lands Supplemental Act, Ireland 1864

The whole Act

27 & 28 Vic. c. 114

Improvement of Land Act 1864

The whole Act so far as unrepealed

28 & 29 Vic. c. 52

Drainage and Improvement of Lands Amendment Act (Ireland) 1865

The whole Act

28 & 29 Vic. c. 53

Drainage and Improvement of Lands Supplemental Act (No. 2 Ireland) 1865

The whole Act

28 & 29 Vic. c. 78

Mortgage Debenture Act 1865

The whole Act

28 & 29 Vic. c. 101

Land Debentures (Ireland) Act 1865

The whole Act

29 & 30 Vic. c. 26

Landed Property Improvement (Ireland) Act 1866

The whole Act so far as unrepealed

29 & 30 Vic. c. 40

Drainage and Improvement of Land (Ireland) Act 1866

The whole Act so far as unrepealed

29 & 30 Vic. c. 49

Drainage Maintenance Act 1866

The whole Act

29 & 30 Vic. c. 61

Drainage and Improvement of Lands Supplemental Act (Ireland) 1866

The whole Act

29 & 30 Vic. c. 62

Crown Lands Act 1866

The whole Act so far as unrepealed

29 & 30 Vic. c. 99

Landed Estates Court Act 1866

The whole Act so far as unrepealed

30 & 31 Vic. c. 43

Drainage and Improvement of Lands Supplemental Act (Ireland) 1867

The whole Act

30 & 31 Vic. c. 47

Lis Pendens Act 1867

The whole Act so far as unrepealed

30 & 31 Vic. c. 139

Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867

The whole Act

31 & 32 Vic. c. 3

Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 3) 1867

The whole Act

31 & 32 Vic. c. 4

Sales of Reversions Act 1867

The whole Act so far as unrepealed

31 & 32 Vic. c. 40

Partition Act 1868

The whole Act so far as unrepealed

31 & 32 Vic. c. 62

Renewable Leaseholds Conversion (Ireland) Act 1868

The whole Act so far as unrepealed

32 & 33 Vic. c. 72

Drainage and Improvement of Lands Amendment Act, Ireland 1869

The whole Act

34 & 35 Vic. c. 72

Judgments Registry (Ireland) Act 1871

Section 21

35 & 36 Vic. c. 31

Drainage and Improvement of Lands Amendment Act (Ireland) 1872

The whole Act

36 & 37 Vic. c. 36

Crown Lands Act 1873

The whole Act

36 & 37 Vic. c. 61

Crown Private Estates Act 1873

The whole Act so far as unrepealed

37 & 38 Vic. c. 32

Drainage and Improvement of Lands Amendment Act (Ireland) 1874

The whole Act

37 & 38 Vic. c. 37

Powers of Appointment Act 1874

The whole Act so far as unrepealed

37 & 38 Vic. c. 78

Vendor and Purchaser Act 1874

The whole Act so far as unrepealed

38 & 39 Vic. c. 11

Leasing Powers Amendment Act for Religious Purposes in Ireland 1875

The whole Act

39 & 40 Vic. c. 17

Partition Act 1876

The whole Act so far as unrepealed

40 & 41 Vic. c. 18

Settled Estates Act 1877

The whole Act so far as unrepealed

40 & 41 Vic. c. 31

Limited Owners Reservoirs and Water Supply Further Facilities Act 1877

The whole Act so far as unrepealed

40 & 41 Vic. c. 33

Contingent Remainders Act 1877

The whole Act

41 & 42 Vic. c. 59

Drainage and Improvement of Lands (Ireland) Act 1878

The whole Act

44 & 45 Vic. c. 41

Conveyancing Act 1881

Sections 2 to 9, 15 to 24, 26 to 29, 41, 44, 49 to 64, 66, 67, 69, 70, 72 and 73 and the third and fourth Schedules

44 & 45 Vic. c. 65

Leases for Schools (Ireland) Act 1881

The whole Act so far as unrepealed

45 & 46 Vic. c. 38

Settled Land Act 1882

The whole Act so far as unrepealed

45 & 46 Vic. c. 39

Conveyancing Act 1882

Sections 3, 4, 6, 10 and 12

47 & 48 Vic. c. 18

Settled Land Act 1884

The whole Act so far as unrepealed

48 & 49 Vic. c. 79

Crown Lands Act 1885

The whole Act so far as unrepealed

50 & 51 Vic. c. 30

Settled Land Acts (Amendment) Act 1887

The whole Act so far as unrepealed

50 & 51 Vic. c. 73

Copyhold Act 1887

The whole Act so far as unrepealed

51 & 52 Vic. c. 37

Timber (Ireland) Act 1888

The whole Act

52 & 53 Vic. c. 36

Settled Land Act 1889

The whole Act

53 & 54 Vic. c. 69

Settled Land Act 1890

The whole Act so far as unrepealed

55 & 56 Vic. c. 58

Accumulations Act 1892

The whole Act

55 & 56 Vic. c. 65

Drainage and Improvement of Land (Ireland) Act 1892

The whole Act

56 & 57 Vic. c. 21

Voluntary Conveyances Act 1893

The whole Act

57 & 58 Vic. c. 43

Crown Lands Act 1894

The whole Act

58 & 59 Vic. c. 25

Mortgagees Legal Costs Act 1895

The whole Act

62 & 63 Vic. c. 20

Bodies Corporate (Joint Tenancy) Act 1899

The whole Act

62 & 63 Vic. c. 46

Improvement of Land Act 1899

The whole Act so far as unrepealed

6 Edw. 7 c. 28

Crown Lands Act 1906

The whole Act so far as unrepealed

1 & 2 Geo. 5 c. 37

Conveyancing Act 1911

Sections 1, 3 to 6, 9 to 11, 13 and 15

3 & 4 Geo. 5 c. 8

Crown Lands Act 1913

The whole Act

PART 5 Acts of the Oireachtas

PART 5

Acts of the Oireachtas

Number and Year (1)

Number and Year

(1)

Enactment (2)

Enactment

(2)

Extent of Repeal (3)

Extent of Repeal

(3)

No. 22 of 1933

Perpetual Funds (Registration) Act 1933

The whole Act

No. 3 of 1937

Circuit Court (Registration of Judgments) Act 1937

Section 4

No. 5 of 1957

Married Women’s Status Act 1957

Sections 2(4) and 2(5)

No. 16 of 1964

Registration of Title Act 1964

Sections 3(2), 27, 37(2), 44(2), 52(3), 55(3), 61(1), 61(3)(b), 62(3), 62(7), 62(8), 98(4)(a), 99 and 101

No. 27 of 1965

Succession Act 1965

Sections 50(3), 58(2), 95 and 97

No. 3 of 1967

Landlord and Tenant (Ground Rents) Act 1967

Section 24(2)

No. 10 of 1980

Landlord and Tenant (Amendment) Act 1980

Sections 79 and 80(2)

No. 11 of 1981

Courts Acts 1981

Section 24

No. 6 of 1982

Housing (Private Rented Dwellings) Act 1982

Section 22

No. 27 of 1988

Bankruptcy Act 1988

Section 64

No. 18 of 1992

Housing (Miscellaneous Provisions) Act 1992

Section 2(2)

No. 12 of 1996

Powers of Attorney Act 1996

Section 6(3)

No. 31 of 1999

Stamp Duties Consolidation Act 1999

Section 39

ISB Act 2009-07-21

Schedule 3 Land And Conveyancing Law Reform Act 2009 Open official source

SCHEDULE 3 Covenants Implied in Conveyances

SCHEDULE 3

Covenants Implied in Conveyances

Sections 80 and 81.

PART 1 Extent of the Burden of Covenants

PART 1

Extent of the Burden of Covenants

1. In this Schedule, unless either the context otherwise requires or the contrary is expressed, the covenantor’s liability in respect of any covenant extends to the acts or omissions only of persons within any of the following classes

(1) the covenantor and any person conveying by the covenantor’s direction;

(2) any person through whom the covenantor derives title;

(3) any person (including a mortgagee) who either holds or has held a derivative title from the covenantor for less than the estate or interest vested in the covenantor or who holds or has held such a derivative title from any predecessor in title of the covenantor;

(4) any person who holds or has held in trust for the covenantor.

2. It is not a breach of a covenant contained in this Schedule where the conveyance by the covenantor was made expressly subject to the act, matter or thing which, but for this paragraph, would or might have caused such a breach.

3. The covenantor has no liability for any defect in the title of which it is proved that the covenantee had actual knowledge before the making of the contract to convey or the making of the conveyance (whichever is the earlier).

PART 2 Implied Covenants

PART 2

Implied Covenants

Paragraph 1

Class 1 Conveyances

Covenants implied in a conveyance (other than a mortgage) for valuable consideration of an estate or interest in land (other than a tenancy) made by a person who is expressed to convey “as beneficial owner”.

(1) That the covenantor has the right to convey the subject-matter of the conveyance, save that the covenantor’s liability is only in respect of any acts or omissions of the covenantor or persons within class (ii) of paragraph 1 of Part 1.

(2) That the person to whom the conveyance is made will quietly enjoy the subject-matter of the conveyance without disturbance from any person within any class in paragraph 1 of Part 1.

(3) That the subject-matter of the conveyance is free from all claims, demands, estates, incumbrances and interests.

(4) That the covenantor will, at the covenantor’s own cost, take such action as may be necessary for the better assuring of the subject-matter of the conveyance as may from time to time be reasonably required by the person to whom the conveyance is made and the persons deriving title under that person.

Paragraph 2

Class 2 Conveyances

Covenants implied in a conveyance (other than a mortgage) for valuable consideration of land comprised in a lease made by a person who is expressed to convey “as beneficial owner”.

(1) to (4) Covenants (1) to (4) in paragraph 1.

(5) That the lease which created the subject-matter of the conveyance is at the time of the conveyance valid and effectual.

(6) That the rent reserved by the lease has up to the time of the conveyance been paid and the covenants expressly or impliedly contained in the lease have been performed and observed by the lessee.

The covenantor’s liability in respect of covenants (5) and (6) is restricted to—

(a) any acts or omissions of the covenantor or persons within class (ii) of paragraph 1 in Part 1, and

(b) as regards the covenants mentioned in covenant (6), breaches caused by such acts and omissions the consequences of which could not be discovered on reasonable inspection of the land conveyed.

Paragraph 3

Class 3 Conveyances

Covenants implied in a conveyance comprising a mortgage of land (other than land comprised in a lease) made by a person who is expressed to convey “as beneficial owner”.

(1) to (4) Covenants (1) to (4) in paragraph 1.

Those covenants are subject to the following variations, that is to say—

(a) liability in respect of any breach of the covenants extends to the acts or omissions of any person whether or not that person is within the classes of person set out in paragraph 1 of Part 1;

(b) covenant (2) (for quiet enjoyment) is not implied against any mortgagor until the mortgagee has lawfully entered into possession of the land conveyed.

Paragraph 4

Class 4 Conveyances

Covenants implied in a conveyance comprising a mortgage of land comprised in a lease made by a person who is expressed to convey “as beneficial owner”.

(1) to (4) Covenants (1) to (4) in paragraph 1, subject to the variations mentioned in paragraph 3.

(5) That the grant or lease which created the estate out of which the subject-matter of the conveyance is created is at the time of the conveyance valid and effectual and that the rent reserved by the grant or lease has up to that time been paid and that the covenants expressed or implied in the grant or lease have been performed and observed.

(6) That the covenantor will from time to time, so long as any money remains owing on the security of the land conveyed, pay the rent reserved by the grant or lease and perform and observe the covenants in it and will indemnify the person to whom the conveyance is made in respect of any consequences of the breach of this covenant.

Paragraph 5

Class 5 Conveyances

Covenant implied in a conveyance made by a person who is expressed to convey “as trustee”, “as mortgagee”, “as personal representative” or under an order of the court.

That the covenantor has not, by virtue of any act or omission of the covenantor, caused the title to the estate or interest conveyed to be liable to be impeached through the existence of any incumbrance or rendered the covenantor unable to convey that estate or interest in the manner in which it is expressed to be conveyed.

PART 3 Additional Implied Covenants for Land Comprised in a Lease

PART 3

Additional Implied Covenants for Land Comprised in a Lease

Paragraph 1

Class 6 Conveyances

Additional covenants implied in a conveyance (other than a mortgage) for valuable consideration of—

(a) the entirety of land comprised in a lease, or

(b) part of the land comprised in a lease, subject to a part of the rent reserved by the lease which has been, or is by the conveyance, apportioned with the consent of the lessor,

for the residue of the term or interest created by the lease.

(1) That the assignee, or the person deriving title under the assignee, will at all times, from the date of the conveyance or other date stated in it, duly pay all rent becoming due under the lease creating the estate for which the land is conveyed, or, as the case may be, such part of such rent as has been apportioned to the land conveyed, and observe and perform all the covenants, contained in it and on the part of the lessee to be observed and performed, so far as they relate to the land conveyed.

(2) That the assignee will at all times, from that date, indemnify the assignor and the assignor’s estate and their estates from and against all claims, costs and proceedings on account of any omission to pay the rent, or the part of the rent so apportioned, or any breach of any of the covenants, so far as they relate to the land conveyed.

Paragraph 2

Class 7 Conveyances

Additional covenants implied in a conveyance (other than a mortgage) for valuable consideration of part of the land comprised in a lease, for the residue of the term or interest created by the lease, subject to a part of the rent reserved by the lease which has been, or is by the conveyance, apportioned without the consent of the lessor.

(1) In every case That the assignee will at all times, from the date of the conveyance, or other date stated in it, pay the apportioned rent and observe and perform all the covenants (other than the covenant to pay the entire rent) contained in the lease creating the estate for which the land is conveyed, and on the part of the lessee to be observed and performed, so far as the same relate to the land conveyed; and also will at all times from that date indemnify the assignor and the assignor’s estate, from and against all claims, costs and proceedings on account of any omission to pay the apportioned rent or any breach of any of such covenants.

(2) Where the conveying party is expressed to convey “as beneficial owner” That the assignor, or the persons deriving title under the assignor, will at all times, from the date of the conveyance, or other date stated in it, pay the balance of the rent (after deducting the said apportioned rent and any other rents similarly apportioned in respect of land not retained) and observe and perform all the covenants (other than the covenant to pay the entire rent) contained in the lease and on the part of the lessee to be observed and performed so far as they relate to the land demised (other than the land comprised in the conveyance) and remaining vested in the assignor; and also will at all times, from that date, indemnify the assignee, and the assignee’s estate, from and against all claims, costs and proceedings on account of any omission to pay the balance of the rent or any breach of any of such covenants.

Land And Conveyancing Law Reform Act 2009

Statutory Text (3 Articles)

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