Nature of Co-Ownership
Land and Conveyancing Law Reform Act, 2009
PART 7
Co-Ownership
Unilateral severance of a joint tenancy.
30.— (1) From the commencement of this Part, any—
( a) conveyance, or contract for a conveyance, of land held in a joint tenancy, or
( b) acquisition of another interest in such land,
by a joint tenant without the consent referred to in subsection (2) is void both at law and in equity unless such consent is dispensed with under section 31(2)(e) .
(2) In subsection (1)“consent” means the prior consent in writing of the other joint tenant or, where there are more than one other, all the other joint tenants.
(3) From the commencement of this Part, registration of a judgment mortgage against the estate or interest in land of a joint tenant does not sever the joint tenancy and if the joint tenancy remains unsevered, the judgment mortgage is extinguished upon the death of the judgment debtor.
(4) Nothing in this section affects the jurisdiction of the court to find that all the joint tenants by mutual agreement or by their conduct have severed the joint tenancy in equity.
Court orders.
31.— (1) Any person having an estate or interest in land which is co-owned whether at law or in equity may apply to the court for an order under this section.
(2) An order under this section includes—
[PA 1868][PA 1876]
( a) an order for partition of the land amongst the co-owners,
( b) an order for the taking of an account of incumbrances affecting the land, if any, and the making of inquiries as to the respective priorities of any such incumbrances,
( c) an order for sale of the land and distribution of the proceeds of sale as the court directs,
[AJA 1707, s. 23]
( d) an order directing that accounting adjustments be made as between the co-owners,
( e) an order dispensing with consent to severance of a joint tenancy as required by section 30 where such consent is being unreasonably withheld,
( f) such other order relating to the land as appears to the court to be just and equitable in the circumstances of the case.
(3) In dealing with an application for an order under subsection (1) the court may—
( a) make an order with or without conditions or other requirements attached to it, or
( b) dismiss the application without making any order, or
( c) combine more than one order under this section.
(4) In this section—
( a) “person having an estate or interest in land” includes a mortgagee or other secured creditor, a judgment mortgagee or a trustee,
( b) “accounting adjustments” include—
(i) payment of an occupation rent by a co-owner who has enjoyed, or is continuing to enjoy, occupation of the land to the exclusion of any other co-owner,
(ii) compensation to be paid by a co-owner to any other co-owner who has incurred disproportionate expenditure in respect of the land (including its repair or improvement),
(iii) contributions by a co-owner to disproportionate payments made by any other co-owner in respect of the land (including payments in respect of charges, rates, rents, taxes and other outgoings payable in respect of it),
(iv) redistribution of rents and profits received by a co-owner disproportionate to his or her interest in the land,
(v) any other adjustment necessary to achieve fairness between the co-owners.
(5) Nothing in this section affects the jurisdiction of the court under the Act of 1976, the Act of 1995 and the Act of 1996.
(6) The equitable jurisdiction of the court to make an order for partition of land which is co-owned whether at law or in equity is abolished.
Annotations:
Modifications (not altering text):
C3
Application of section restricted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 22(5), S.I. No. 450 of 2021.
Relationship with other enactments
22.— …
(5) Section 31 of the Conveyancing Act shall not apply in respect of the affordable dwelling equity.
…
Bodies corporate.
32.— (1) A body corporate may acquire and hold any property in a joint tenancy in the same manner as if it were an individual.
[BC(JT) A 1899]
(2) Where a body corporate and an individual or two or more bodies corporate become entitled to any property in circumstances or by virtue of any instrument which would, if the body or bodies corporate had been an individual or individuals, have created a joint tenancy, they are entitled to the property as joint tenants.
(3) On the dissolution of a body corporate which is a joint tenant of any property, the property devolves on the other surviving joint tenant or joint tenants.