Deeds Issues
Land and Conveyancing Law Reform Act 2009
Chapter 3
Deeds and their operation
Conveyances by deed only.
62.- (1) Subject to section 63 , a legal estate or interest in land may only be created or conveyed by a deed.
[SU 1634] [RPA 1845, ss. 2 and 3]
(2) A deed executed after the commencement of this Chapter is fully effective for such purposes without the need for any conveyance to uses and passes possession or the right to possession of the land, without actual entry, unless subject to some prior right to possession.
(3) In the case of a voluntary conveyance executed after the commencement of this Chapter, a resulting use for the grantor is not implied merely because the land is not expressed to be conveyed for the use or benefit of the grantee.
(4) A bargain and sale, covenant to stand seised, feoffment with livery of seisin or any combination of these are no longer effective to create or to convey a legal estate or legal interest in land.
Exceptions to deeds.
63.- Section 62 (1) does not apply to-
(a) an assent by a personal representative,
(b) a surrender or other conveyance taking effect by operation of law,
(c) a disclaimer not required to be by deed,
(d) a grant or assignment of a tenancy not required to be by deed,
(e) a receipt not required to be by deed,
(f) a vesting order of the court or other competent authority, or
(g) any other conveyance which may be prescribed.
Formalities for deeds.
64.- (1) Any rule of law which requires-
(a) a seal for the valid execution of a deed by an individual, or
(b) authority to deliver a deed to be given by deed,
is abolished.
(2) An instrument executed after the commencement of this Chapter is a deed if it is-
(a) described at its head by words such as “Assignment”, “Conveyance”, “Charge”, “Deed”, “Indenture”, “Lease”, “Mortgage”, “Surrender” or other heading appropriate to the deed in question, or it is otherwise made clear on its face that it is intended by the person making it, or the parties to it, to be a deed, by expressing it to be executed or signed as a deed,
(b) executed in the following manner:
(i) if made by an individual-
(I) it is signed by the individual in the presence of a witness who attests the signature, or
(II) it is signed by a person at the individual’s direction given in the presence of a witness who attests the signature, or
(III) the individual’s signature is acknowledged by him or her in the presence of a witness who attests the signature;
(ii) if made by a company registered in the State, it is executed under the seal of the company in accordance with its Articles of Association;
(iii) if made by a body corporate registered in the State other than a company, it is executed in accordance with the legal requirements governing execution of deeds by such a body corporate;
(iv) if made by a foreign body corporate, it is executed in accordance with the legal requirements governing execution of the instrument in question by such a body corporate in the jurisdiction where it is incorporated,
and
(c) delivered as a deed by the person executing it or by a person authorised to do so on that person’s behalf.
(3) Any deed executed under this section has effect as if it were a document executed under seal.
(4) A deed, whenever created, has the effect of an indenture although not indented or expressed to be an indenture.
Escrows by corporate bodies.
65.- (1) Any rule of law to the effect that the affixing of a corporate seal to an instrument effects delivery by that body corporate is abolished.
(2) An instrument executed by a body corporate in accordance with section 64 (2) (b) is capable of operating as an escrow in the same circumstances and with the same consequences as an instrument executed by an individual.
Conveyance to oneself.
66.- (1) Any property may be conveyed by a person to that person jointly with another person in the same way in which it might be conveyed by that person to another person.
[LPAA 1859, s. 21][CA 1881, s. 50]
(2) Subject to subsection (3)-
(a) a person may convey, but not lease, property to that same person in a different capacity,
(b) two or more persons may convey, and have always been capable of conveying, any property vested in them to any one or more of themselves in the same way in which they could convey it to a third person.
(3) Subsection (2) does not validate a conveyance made in breach of trust or other fiduciary obligation.
(4) Without prejudice to section 83 , this section does not affect any rule of law under which a covenant entered into with oneself is unenforceable.
Words of limitation.
67.- (1) A conveyance of unregistered land with or without words of limitation, or any equivalent expression, passes the fee simple or the other entire estate or interest which the grantor had power to create or convey, unless a contrary intention appears in the conveyance.
[CA 1881, s. 51]
(2) A conveyance of unregistered land to a corporation sole by that person’s corporate designation without the word “successors” passes to the corporation the fee simple or the other entire estate or interest which the grantor had power to create or convey, unless a contrary intention appears in the conveyance.
(3) Where an interest in land is expressed to be given to-
(a) the heir or heirs, or
(b) any particular heir, or
(c) any class of heirs, or
(d) issue,
of any person in words which, under the rule known as the Rule in Shelley’s Case, would have operated to give that person a fee simple, those words operate as words of purchase and not of limitation and take effect in equity accordingly.
(4) Subject to section 68 , subsections (1) to (3) apply to conveyances executed before the commencement of this Chapter, but without prejudice to any act or thing done or any interest disposed of or acquired before that commencement in consequence of the failure to use words of limitation in such a conveyance or the application of the Rule in Shelley’s Case.
Extinguishment of certain interests.
68.- (1) An interest-
(a) to which a person was entitled, or
(b) acquired by a person,
before the commencement of this Chapter in consequence of the failure to use words of limitation in a conveyance executed before that commencement or the application of the Rule in Shelley’s Case is extinguished unless the person claiming to be entitled to the interest or to have acquired it-
(i) applies to the court, within 12 years from the commencement of this Chapter, for an order under this section, and
(ii) registers any order made under this section in accordance with subsection (3).
(2) On such an application the court may-
(a) make an order declaring that the applicant is entitled to the interest or has acquired it,
(b) refuse to make such an order if it is satisfied that no substantial injustice will be done to any party, or
(c) in lieu of a declaration in favour of the applicant, order payment by another party of such compensation to the applicant as the court thinks appropriate.
(3) An order under this section shall be registered in the Registry of Deeds or Land Registry, as appropriate.
Reservations.
69.- (1) A reservation of a legal estate or interest in a conveyance of land operates, without execution of the conveyance or of any regrant by the grantee, to-
[CA 1881, s. 62]
(a) vest that estate or interest in the grantor or other person for whose benefit it is made, and
(b) annex it to the land, if any, for the benefit of which it is made.
(2) A conveyance of land expressed to be subject to a legal estate or interest which is not in existence immediately before the date of the conveyance operates as a reservation within the meaning of subsection (1), unless a contrary intention is expressed in the conveyance.
(3) For the purpose of construing the effect of a conveyance of land, a reservation shall not be treated as taking effect as a regrant.
(4) This section applies only to reservations made after the commencement of this Part.
Benefit of deeds.
70.- (1) Where a deed is expressed to confer an estate or interest in land, or the benefit of a covenant or right relating to land, on a person, that person may enforce the deed whether or not named a party to it.
[RPA 1845, s. 5]
(2) Nothing in this section otherwise affects the doctrine of privity of contract.
Features and rights conveyed with land.
71.- (1) A conveyance of land includes, and conveys with the land, all-
[CA 1881, s. 6]
(a) buildings, commons, ditches, drains, erections, fences, fixtures, hedges, water, watercourses and other features forming part of the land,
(b) advantages, easements, liberties, privileges, profits à prendre and rights appertaining or annexed to the land.
(2) A conveyance of land which has houses or other buildings on it includes, and conveys with the land, houses or other buildings all-
(a) areas, cellars, cisterns, courts, courtyards, drainpipes, drains, erections, fixtures, gardens, lights, outhouses, passages, sewers, watercourses, yards and other features forming part of the land, houses or other buildings,
(b) advantages, easements, liberties, privileges, profits à prendre and rights appertaining or annexed to the land, houses or other buildings.
(3) This section-
(a) does not on a conveyance of land (whether or not it has houses or other buildings on it)-
(i) create any new interest or right or convert any quasi-interest or right existing prior to the conveyance into a full interest or right, or
(ii) extend the scope of, or convert into a new interest or right, any licence, privilege or other interest or right existing before the conveyance,
(b) does not-
(i) give to any person a better title to any land, interest or right referred to in this section than the title which the conveyance gives to the land expressed to be conveyed, or
(ii) convey to any person any land, interest or right further or other than that which could have been conveyed to that person by the grantor,
(c) takes effect subject to the terms of the conveyance.
Supplemental instruments.
72.- (1) Any instrument expressed to be supplemental to a previous instrument, or directed to be read as an annex to such an instrument, is, so far as is appropriate, to be read and has effect as if the instrument so expressed or directed-
[CA 1881, s. 53]
(a) were made by way of endorsement on the previous instrument, or
(b) contained a full recital of the previous instrument.
(2) This section does not confer on a purchaser any right to an abstract, copy or production of any such previous instrument and a purchaser may accept the same evidence that the previous instrument does not affect the title as if it had merely been mentioned in the supplemental instrument.
Partial releases.
73.- (1) A release of part of land from-
[LPAA 1859, ss. 10 and 11]
(a) a rentcharge does not extinguish the rentcharge, but bars only the right to recover any part of the rentcharge out of the land released,
(b) a judgment charged on the land does not affect the validity of the judgment as regards any of the land not specifically released.
(2) Subsection (1) does not-
(a) prejudice the rights of any person interested in the land unreleased and not concurring in or confirming the release, or
(b) prevent recovery of the whole of the rentcharge or enforcement of the whole judgment against the land unreleased, unless those interested agree otherwise.
Fraudulent dispositions.
74.- (1) Subject to subsection (2), any voluntary disposition of land made with the intention of defrauding a subsequent purchaser of the land is voidable by that purchaser.
[CA 1634, ss. 1 to 5, 10, 11 and 14][VCA 1893]
(2) For the purposes of subsection (1), a voluntary disposition is not to be read as intended to defraud merely because a subsequent disposition of the same land was made for valuable consideration.
(3) Subject to subsection (4), any conveyance of property made with the intention of defrauding a creditor or other person is voidable by any person thereby prejudiced.
(4) Subsection (3) does not-
(a) apply to any estate or interest in property conveyed for valuable consideration to any person in good faith not having, at the time of the conveyance, notice of the fraudulent intention, or
(b) affect any other law relating to bankruptcy of an individual or corporate insolvency.
Chapter 4
Contents of deeds
Construction of instruments.
75.- Particular words and expressions used in any instrument relating to land executed or made after the commencement of this Chapter, unless the context otherwise requires-
(a) are subject to the same general rules of construction as are applicable to such words and expressions used in Acts of the Oireachtas under Part 4 of the Act of 2005,
(b) have the same particular meaning, construction or effect as assigned to such words and expressions used in Acts of the Oireachtas by Part 1 of the Schedule to that Act or by section 3 of this Act, whichever is more appropriate.
All estate clause.
76.- (1) Subject to subsection (2), a conveyance of land passes all the claim, demand, estate, interest, right and title which the grantor has or has power to convey in, to or on the land conveyed or expressed or intended to be conveyed.
[CA 1881, s. 63]
(2) This section takes effect subject to the terms of the conveyance.
Receipts in deeds.
77.- (1) A receipt for consideration in the body of a deed is sufficient discharge for the consideration to the person giving it, without any further receipt being endorsed on the deed.
[CA 1881, ss. 54 to 56]
(2) A receipt for consideration in the body of a deed is, in favour of a subsequent purchaser (not having notice that the consideration so acknowledged to be received was not, in fact, given wholly or in part), conclusive evidence of the giving of the whole consideration.
(3) Where a solicitor produces a deed which-
(a) has in its body a receipt for consideration, and
(b) has been executed by the person entitled to give a receipt for the consideration,
the deed is conclusive authority to the person liable to give the consideration for giving it to the solicitor, without the solicitor producing any separate or other authority or direction in that behalf from the person who executed or signed the deed or receipt.
(4) In subsection (3) “solicitor” includes any employee of a solicitor, and any member or employee of a firm in which the solicitor is a partner, and any such employee or member of another firm acting as agent of the solicitor or firm.
Conditions and covenants not implied.
78.- (1) An exchange or other conveyance of land does not imply any condition in law.
[RPA 1845, s. 4]
(2) Subject to any statutory provision, use of the word “give” or “grant” in any conveyance does not imply any covenant.
Scope of sections 80 and 81.
79.- In sections 80 and 81 –
(a) “conveyance”-
(i) does not include the granting of a tenancy,
(ii) means a conveyance made after the commencement of this Chapter,
(b) any reference to a person being expressed to “convey”, or to an estate or interest or land being expressed to be “conveyed” does not mean that the words “convey” or “conveyed” must be used in the conveyance for the covenant to be implied.
Covenants for title.
80.- (1) In a conveyance of any class referred to in subsection (2) there are implied the covenants specified in relation to that class in Part 2 of Schedule 3 , and those covenants are deemed to be made-
[CA 1881, s. 7]
(a) by the person or by each person who conveys, to the extent of the estate or interest or share of the estate or interest expressed to be conveyed by such person (“the subject-matter of the conveyance”),
(b) with the person to whom the conveyance is made, or with the persons jointly and severally, if more than one, to whom the conveyance is made as joint tenants, or with each of the persons, if more than one, to whom the conveyance is made as tenants in common,
and have the effect specified in Parts 1 and 2 of Schedule 3 .
(2) The classes of conveyance referred to in subsection (1) are-
Class 1:
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”;
Class 2:
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”;
Class 3:
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”;
Class 4:
A conveyance comprising a mortgage of land comprised in a lease made by a person who is expressed to convey “as beneficial owner”;
Class 5:
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.
(3) Where a conveyance is made by a person who is expressed to convey by direction of another person who is expressed to direct “as beneficial owner”, then, whether or not that other person is also expressed to convey “as beneficial owner”, the conveyance is for the purposes of this section a conveyance made by that other person expressed to convey “as beneficial owner” to the extent of the subject-matter of the conveyance made by that other person’s direction.
(4) Without prejudice to section 52(6) of the Act of 1965, where in a conveyance a person conveying is not expressed to convey “as beneficial owner”, “as trustee”, “as mortgagee”, “as personal representative”, under an order of the court or by a direction of a person “as beneficial owner”, no covenant on the part of the person conveying is implied in the conveyance.
(5) The benefit of a covenant implied under this section-
(a) is annexed to and passes with the estate or interest of the implied covenantee,
(b) is enforceable by every person, including a tenant, mortgagee and any other person deriving title from or under the implied covenantee, in whom that estate or interest, or any part of it, or an estate or interest derived out of it, is vested from time to time.
(6) A covenant implied under this section may, by the terms of the conveyance, be-
(a) excluded but not so that a sole covenant or all (as distinct from some only) of the covenants implied in relation to a person expressed to convey as specified in subsection (2) are excluded,
(b) modified and, if so modified, operates as if the modification was included in this section and Schedule 3 .
(7) Any covenant implied under this section by reason of a person being expressed to convey “as beneficial owner” may, by express reference to this section, be incorporated, with or without modification, in a conveyance, whether or not for valuable consideration, by a person who is expressed to convey as specified in Class 5 of subsection (2).
Additional covenants for land comprised in a lease.
81.- (1) In a conveyance of any class referred to in subsection (2) there are implied, in addition to the covenants referred to in section 80 (1), the covenants specified in relation to that class in Part 3 of Schedule 3 , and those covenants are deemed to be made-
(a) by the person, or by the persons jointly and severally, if more than one, so specified in relation to any class of conveyance,
(b) with the person, or with the persons jointly and severally, if more than one, who is the other party, or are the other parties, to the conveyance,
and have the effect specified in Parts 1 and 3 of Schedule 3 .
(2) The classes of conveyance referred to in subsection (1) are-
Class 6:
A conveyance (other than a mortgage) for valuable consideration of-
(a) the entirety of the 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;
Class 7:
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.
(3) Where in a conveyance (other than a mortgage) part of land comprised in a lease is, without the consent of the lessor, expressed to be conveyed-
(a) subject to the entire rent, then covenant (1) in paragraph (2) of Part 3 of Schedule 3 has effect as if the entire rent were the apportioned rent,
(b) exonerated from the entire rent, then covenant (2) in paragraph (2) of Part 3 of Schedule 3 has effect as if the entire rent were the balance of the rent, and “(other than the covenant to pay the entire rent)” were omitted from the covenant.
(4) The benefit of a covenant implied under this section-
(a) is annexed to and passes with the estate or interest of the implied covenantee,
(b) is enforceable by every person, including a tenant, mortgagee and any other person deriving title from or under the implied covenantee, in whom that estate or interest, or any part of it, or an estate or interest derived out of it, is vested from time to time.
(5) Any covenant implied under this section may, by the terms of the conveyance, be-
(a) modified by the express provisions of the conveyance and, if so modified, operates as if the modification were included in this section and Schedule 3 ,
(b) extended by providing expressly in the conveyance that-
(i) the land conveyed, or
(ii) the part of the land which remains vested in the covenantor,
stands charged with the payment of all money which would otherwise become payable under the implied covenant.
Covenants by or with two or more persons.
82.- (1) Where under a covenant persons are-
[CA 1881, s. 60]
(a) covenantors, the covenant binds them and any two or more of them jointly and each of them severally,
(b) covenantees, the covenant shall be construed as being also made with each of them.
(2) A covenant made with persons jointly to convey, pay money or do any other act to them or for their benefit, implies an obligation to do the act to, or for the benefit of-
(a) the survivor or survivors of them, or
(b) any other person on whom the right to sue on the covenant devolves.
(3) This section takes effect subject to the terms of the covenant or conveyance in which it is contained or implied or of any statutory provision implying the covenant.
(4) In this section “covenant” includes an express or implied covenant and a bond or obligation contained in a deed.
Covenants by person jointly with others.
83.- A covenant, whether express or implied, entered into by a person with that person jointly with another person or other persons shall be construed and is enforceable as if it had been entered into with that other person or persons alone.
Production and safe custody of documents.
84.- (1) Where a person retains possession of documents and gives to another person in writing-
[CA 1881, s. 9]
(a) an acknowledgment of the right of that other to production of those documents and to delivery of copies of them (“the acknowledgment”),
(b) an undertaking for the safe custody of those documents (“the undertaking”),
the acknowledgment and the undertaking have the effect specified in this section.
(2) The obligations imposed by an acknowledgment are to-
(a) produce the documents or any of them at all reasonable times for the purpose of inspection and of comparison with abstracts or copies of the documents, by the person entitled to request production or by any person authorised in writing by that person,
(b) produce the documents or any of them in court or any other place where, or on any occasion when, production may properly be required for proving or supporting the title or claim of the person entitled to request production, or for any other purpose relating to that title or claim,
(c) deliver to the person entitled to request them such copies or abstracts, attested or unattested, of or from the documents or any of them.
(3) The obligation imposed by an undertaking is to keep the documents complete, safe, uncancelled and undefaced.
(4) The obligations shall be performed from time to time-
(a) in the case of the acknowledgment, at the request in writing of,
(b) in the case of the undertaking, in favour of,
the person to whom it is given, or any person, not being a tenant, who has or who claims any estate, interest or right through or under that person or who otherwise becomes through or under that person interested in or affected by the terms of the document to which the acknowledgment or undertaking relates.
(5) The acknowledgment and undertaking bind the documents to which they relate in the possession or under the control of the person who retains them and every other person having possession or control of them from time to time but they bind each such individual possessor or person as long only as that person has possession or control.
(6) Each person having possession or control of such documents is bound specifically to perform the obligations imposed by this section, unless prevented from doing so by fire or other inevitable accident, but all costs and expenses of or incidental to specific performance of the acknowledgment shall be paid by the person requesting performance.
(7) The acknowledgment does not confer any right to damages for loss or destruction of, or injury to, the documents to which it relates, arising from whatever cause.
(8) Any person claiming to be entitled to the benefit of an undertaking may apply to the court for damages for any loss or destruction of, or injury to, the documents or any of them to which it relates.
(9) Upon such application the court may direct such inquiries and make such order as to costs or other matters as it thinks fit.
(10) An acknowledgment or undertaking under this section satisfies any liability to give a covenant for production and delivery of copies of or extracts from documents or for safe custody of documents.
(11) The rights conferred by an acknowledgment or undertaking under this section are in addition to all such other rights relating to production, inspection or obtaining copies of documents as are not satisfied by the giving of the acknowledgment or undertaking.
(12) This section-
(a) has effect where an acknowledgment or undertaking is given by a person to that same person in different capacities in the same way as where it is given by one person to another,
(b) takes effect subject to the terms of the acknowledgment or undertaking.
Notices.
85.- (1) Subject to subsection (2), where an instrument makes provision for giving or serving a notice it may be given or served as if it were authorised or required to be given or served under this Act.
(2) Subsection (1) takes effect subject to the terms of the instrument.