Estates & Interests

Fee Farm Grants Fee farm grants are effectively freehold interests subject to rents and covenants. They are leases forever. They are relatively common in Ireland when compared with other common law jurisdictions. The 2009 Land and Conveyancing Law Reform Act prohibit the creation of new fee farm grants.… Read the rest

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Freehold Legal Estate Prior to the 2009 legislation, a great variety of legal estates could, in theory, exist. Most of those rights have now been transformed into rights under a deemed trust so that the relevant property is generally capable of being sold free from such rights, which accordingly, attach to the proceeds of a sale.… Read the rest

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Life Estate A life estate is an interest or right in land subsists for the life of the grantee only. A variant is an estate which lasts for the life of a third-party, and which is measured by that life, and a life estate pur autre vie, in the Norman French.… Read the rest

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Future interests and their control The law on future interests was one of the most difficult and complex areas of property law. The rules defined the extent to which estates and interest could be created to take effect at a future date.… Read the rest

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Estates and Interests Real property refers to land and anything affixed to it. Buildings are fixtures. Anything attached to buildings or otherwise attached to land such as to be a permanent part of it and likely to cause damage if removed is a fixture.… Read the rest

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Overview The Registrar of Title does not register equitable interests in property.  Such interests are recognised by the courts and are enforceable, usually by legal proceedings against the registered (legal owner).  Under the general priorities principles, equitable interests are vulnerable to overreached on a sale by the legal owner to a  bona fide purchaser for value without notice.… Read the rest

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