Dealings & Disputes
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.
Family Legislation
Family Law Act 1995
Property adjustment orders.
9.—(1) On granting a decree of judicial separation, the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, make a property adjustment order, that is to say, an order providing for one or more of the following matters:
(a) the transfer by either of the spouses to the other spouse, to any dependent member of the family or to any other specified person for the benefit of such a member of specified property, being property to which the first-mentioned spouse is entitled either in possession or reversion;
(b) the settlement to the satisfaction of the court of specified property, being property to which either of the spouses is so entitled as aforesaid, for the benefit of the other spouse and of any dependent member of the family or of any or all of those persons;
(c) the variation for the benefit of either of the spouses and of any dependent member of the family or of any or all of those persons of any ante-nuptial or post-nuptial settlement (including such a settlement made by will or codicil) made on the spouses;
(d) the extinguishment or reduction of the interest of either of the spouses under any such settlement.
(2) An order under paragraph (b), (c) or (d) may restrict to a specified extent or exclude the application of section 18 in relation to the order.
(3) If, after the grant of a decree of judicial separation, either of the spouses concerned remarries, the court shall not, by reference to that decree, make a property adjustment order in favour of that spouse.
(4) Where a property adjustment order is made in relation to land, a copy of the order certified to be a true copy by the registrar or clerk of the court concerned shall, as appropriate, be lodged by him or her in the Land Registry for registration pursuant to section 69 (1) (h) of the Registration of Title Act, 1964 , in a register maintained under that Act or be registered in the Registry of Deeds.
(5) Where—
(a) a person is directed by an order under this section to execute a deed or other instrument in relation to land, and
(b) the person refuses or neglects to comply with the direction or, for any other reason, the court considers it necessary to do so,
the court may order another person to execute the deed or instrument in the name of the first-mentioned person; and a deed or other instrument executed by a person in the name of another person pursuant to an order under this subsection shall be as valid as if it had been executed by that other person.
(6) Any costs incurred in complying with a property adjustment order shall be borne, as the court may determine, by either of the spouses concerned, or by both of them in such proportions as the court may determine, and shall be so borne in such manner as the court may determine.
(7) This section shall not apply in relation to a family home in which, following the grant of a decree of judicial separation either of the spouses concerned, having remarried, ordinarily resides with his or her spouse.
Family Law (Divorce) Act 1996
Property adjustment orders.
14.—(1) On granting a decree of divorce or at any time thereafter, the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, make a property adjustment order, that is to say, an order providing for one or more of the following matters:
(a) the transfer by either of the spouses to the other spouse, to any dependent member of the family or to any other specified person for the benefit of such a member of specified property, being property to which the first-mentioned spouse is entitled either in possession or reversion,
(b) the settlement to the satisfaction of the court of specified property, being property to which either of the spouses is so entitled as aforesaid, for the benefit of the other spouse and of any dependent member of the family or of any or all of those persons,
(c) the variation for the benefit of either of the spouses and of any dependent member of the family or of any or all of those persons of any ante-nuptial or post-nuptial settlement (including such a settlement made by will or codicil) made on the spouses,
(d) the extinguishment or reduction of the interest of either of the spouses under any such settlement.
(2) An order under paragraph (b), (c) or (d) may restrict to a specified extent or exclude the application of section 22 in relation to the order.
(3) If, after the grant of a decree of divorce, either of the spouses concerned remarries F4[or registers in a civil partnership], the court shall not, by reference to that decree, make a property adjustment order in favour of that spouse.
(4) Where a property adjustment order is made in relation to land, a copy of the order certified to be a true copy by the registrar or clerk of the court concerned shall, as appropriate, be lodged by him or her in the Land Registry for registration pursuant to section 69 (1)(h) of the Registration of Title Act, 1964, in a register maintained under that Act or be registered in the Registry of Deeds.
F5[(4A) Where a property adjustment order lodged under subsection (4) and registered pursuant to section 69(1)(h) of the Registration of Title Act 1964 or in the Registry of Deeds has been complied with, the Property Registration Authority shall, on being satisfied that the order has been complied with—
(a) cancel the entry made in the register under the Registration of Title Act 1964, or
(b) note compliance with the order in the Registry of Deeds. ]
(5) Where—
(a) a person is directed by an order under this section to execute a deed or other instrument in relation to land, and
(b) the person refuses or neglects to comply with the direction or, for any other reason, the court considers it necessary to do so,
the court may order another person to execute the deed or instrument in the name of the first-mentioned person; and a deed or other instrument executed by a person in the name of another person pursuant to an order under this subsection shall be as valid as if it had been executed by that other person.
(6) Any costs incurred in complying with a property adjustment order shall be borne, as the court may determine, by either of the spouses concerned, or by both of them in such proportions as the court may determine, and shall be so borne in such manner as the court may determine.
(7) This section shall not apply in relation to a family home in which, following the grant of a decree of divorce, either of the spouses concerned, having remarried, ordinarily resides with his or her spouse.
Annotations: