Common Ownership

Nature of Co-Ownership Co-ownership arises where more than one person owns the same estate, interest or title in land. Together, the co-owners own the estate in land collectively. There are two principal forms of co-ownership, namely joint tenancy and tenancy in common.… Read the rest

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Nature of Partition Co-owners may agree to divide the property between them by way of partition.  Partition involves a physical division/apportionment of the property, between the co-owners so that each is the full owner of a part only. … Read the rest

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Partition or Sale Historically, the courts could not refuse partition or sale.  The Partition Acts conferred jurisdiction on court to make  an order of partition, or sale instead of partition.  Courts now take different views as to whether  there is a jurisdiction or discretion to refuse both. … Read the rest

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Multi-Unit Developments From the mid-1990s onwards, there was a rapid increase in the number of multi-unit developments in Ireland.  The perceived housing shortage led planning authorities to grant planning permissions for apartments in areas, outside of city and town centres. … Read the rest

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Application The Multi-unit Developments Act provides for mandatory rights and obligations in relation to residential multi-unit developments.  It applies to residential apartment blocks, where the structural parts and the internal and external common areas are, of necessity, managed in common.… Read the rest

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