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Co-ownership of Land: Partition Actions and Remedies 2nd edition [Hardback]

(Queen's University Belfast, Northern Ireland)
  • Formāts: Hardback, 558 pages, height x width: 248x156 mm
  • Izdošanas datums: 29-Feb-2012
  • Izdevniecība: Bloomsbury Professional
  • ISBN-10: 1847663494
  • ISBN-13: 9781847663498
Citas grāmatas par šo tēmu:
Co-ownership of Land: Partition Actions and Remedies 2nd editionPalielināt
  • Formāts: Hardback, 558 pages, height x width: 248x156 mm
  • Izdošanas datums: 29-Feb-2012
  • Izdevniecība: Bloomsbury Professional
  • ISBN-10: 1847663494
  • ISBN-13: 9781847663498
Citas grāmatas par šo tēmu:
Permanent link: https://www.kriso.lv/db/9781847663498.html
Keywords:
A new, fully updated edition of this guide helps steer legal practitioners confidently through the various remedies available to co-owners of land in Ireland where shared habitation of a property is no longer an option. Covering partition actions, and providing a comprehensive review of the reliefs available to co-owners, whether they are a married couple, co-habitees, family members or persons involved in a joint business venture, this key title will prove invaluable to all property and land law specialists. Co-ownership of Land covers the law in the Republic of Ireland and Northern Ireland.

This title is included in Bloomsbury Professional's Irish Property Law and Irish Wills and Probate online services.

Papildus informācija

A new, fully updated edition of this guide helps steer legal practitioners confidently through the various remedies available to co-owners of land in Ireland where shared habitation of a property is no longer an option.
Preface v
Foreword to the First Edition vii
Contents ix
Table of Cases
xv
Table of Legislation
xliii
Chapter 1 Introduction
Chapter 2 Partition or Sale by Mutual Agreement
I Introduction
9(1)
II Partition by Mutual Agreement
9(8)
A The partition agreement
9(7)
B Execution of conveyances or transfers
16(1)
III Sale by Mutual Agreement
17(1)
IV Partition or Sale of settled land by Mutual Agreement
18(2)
V Partition or Sale by Mutual Agreement: Advantages and Disadvantages
20(3)
Chapter 3 Compulsory Partition and Sale: The Historical Background
I Introduction
23(1)
II Compulsory Partition at Common Law
24(7)
A Compulsory partition by coparceners
24(2)
B Compulsory partition by joint tenants and tenants in common
26(3)
C Development of the common law action
29(2)
III Compulsory Partition in Equity
31(14)
A Origins of the equitable jurisdiction to partition
31(4)
B Comparison of the common law and equitable jurisdictions
35(4)
C Methods of partition and procedure
39(3)
D Development of the equitable jurisdiction to partition
42(3)
IV The Enactment and Effect of the Partition Acts 1868 and 1876
45(4)
Chapter 4 Compulsory Partition and Sale: Preliminary Matters
I Introduction
49(1)
II The Locus Standi Test
49(14)
A Locus standi test for proceedings under the Partition Acts
50(8)
B Locus standi test for proceedings under s 31 of the Land and Conveyancing Law Reform Act 2009
58(2)
C Persons having locus standi
60(3)
D Partition actions and sevcrance
63(1)
III Property which may be Partitioned or Sold
63(3)
IV Jurisdiction Exceptions
66(17)
A Castle for defence of the realm
66(1)
B Specific types of trust property
67(1)
C Agreements regulating the disposal of concurrent interests
68(10)
D Prejudice to third parties
78(2)
E Ascertainable shares
80(3)
Chapter 5 Compulsory Partition and Sale: The Statutory Criteria
I Introduction
83(1)
II Partition Acts 1868 And 1876: The Preliminary Test
84(1)
III Criteria for Ordering Sale under the Partition Acts: Sections 3-5 of the 1868 Act
85(28)
A Section 3 of the 1868 Act
85(9)
B Section 4 of the 1868 Act
94(12)
C Section 5 of the 1868 Act
106(6)
D Section 6 of the 1868 Act
112(1)
E Practical Effect of the Partition Acts - A Preference for Sale
112(1)
IV Proposed Reforms in Northern Ireland
113(2)
V Compulsory Partition and Sale in Ireland: Section 31 of the Land and Conveyancing Law Reform Act 2009
115(8)
B Trusts of land and proceedings under s 22 of the 2009 Act?
119(4)
Chapter 6 The Repeal of An Act for Jointenants 1542 and the Jurisdiction to Order Partition or Sale under the Partition Acts
I Introduction
123(1)
II Sections 3-5 of the Partition Act 1868
123(1)
III The Current State of the Law in Northern Ireland
124(2)
IV The Saving Provisions in the 1950 Act
126(1)
V Preservation of the Statutory Jurisdiction
127(6)
VI Preservation of the Equitable Jurisdiction
133(8)
VII An Alternative Solution?
141(4)
VIII A Theoretical as opposed to a Practical Problem?
145(1)
IX The Position in Ireland under the Land and Conveyancing Law Reform Act 2009
146(1)
Chapter 7 Partition or Sale: A Matter of Right?
I Introduction
147(1)
II Historical Background
147(1)
III Current Practice in Northern Ireland
148(19)
A The prevailing view
149(5)
B Refusal on the grounds of futility: the need for third party consent to partition?
154(11)
C Legislative amendments and future proposals for reform in Northern Ireland
165(2)
IV Current Practice in Ireland
167(5)
A Pre-December 2009 practice under the Partition Acts
168(3)
B Practice under the Land and Conveyancing Law Reform Act 2009
171(1)
V Commonwealth Comparisons
172(11)
A Australia
173(2)
B New Zealand
175(2)
C Canada
177(6)
Chapter 8 Concurrent Interests in Land as Security
I Introduction
183(1)
II Property Subject to a Mortgage
184(28)
A Mortgages created by all of the co-owners
185(8)
B Mortgages created by one of the co-owners
193(19)
III Property Subject to a Charge
212(10)
A Charges created by all the co-owners
213(3)
B Charges created by one of the co-owners
216(6)
IV Property Subject to a Mortgage created Post-December 2009 in Ireland
222(5)
A Mortgages created by all the co-owners
222(2)
B Mortgages created by one of the co-owners
224(3)
V Property Subject to an Order Charging Land or Judgment Mortgage
227(16)
A Orders charging land in Northern Ireland
227(8)
B Judgment mortgages in Ireland
235(8)
Chapter 9 Co-Ownership of the Home and Partition Actions Involving Spouses and Civil Partners in Northern Ireland
I Introduction
243(1)
II Partition Actions Between Spouses or Civil partners
244(22)
A Practice on or after relationship breakdown
244(2)
B Appropriate decree not available
246(2)
C Related issues
248(18)
D Proceedings under s 17 of the Married Women's Property Act 1882 and s 66 of the Civil Partnership Act 2004
266(1)
III Partition Actions by Lenders
266(18)
A Section 30 of the Law of Property Act 1925 and Article 309 of the Insolvency (NI) Order 1989
268(2)
B Section 17 of the Married Women's Property Act 1882
270(4)
C Family Homes and Domestic Violence (NI) Order 1998
274(6)
D Human rights implications
280(2)
E Overview and proposals for reform
282(2)
IV The Practice on Bankruptcy
284(13)
A General principles
284(1)
B Bankrupt's property comprising a home
284(8)
C Human rights implications
292(3)
D Arguments based on estoppel?
295(1)
E Bankruptcy and equitable accounting rules
296(1)
V Partition Actions involving Cohabitants and the Home
297(4)
Chapter 10 Co-Ownership of the Home and Partition Actions Involving Spouses and Civil Partners in Ireland
I Introduction
301(1)
II Statutory Protection for Non-owning Spouses and Civil Partners
302(8)
A Family Home Protection Act 1976
303(3)
B Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
306(4)
III Proceedings under Section 31 of the 2009 Act between Spouses and Civil Partners
310(22)
A Practice between spouses and civil partners on or after relationship breakdown
310(7)
B Judicial separation, divorce or dissolution not available
317(1)
C Related issues
318(10)
D Proceedings involving spouses under s 36 of the Family Law Act 1995 and involving civil partners under s 106 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
328(4)
IV Proceedings under Section 31 of the 2009 Act by Lenders
332(13)
A Mortgages and charges affecting a family or shared home
332(7)
B Judgment mortgages affecting a family or shared home
339(6)
V The Practice on Bankruptcy
345(5)
A General principles
345(1)
B Bankrupt's property comprising a family or shared home
346(3)
C Arguments based on estoppel?
349(1)
D Bankruptcy and accounting adjustments between co-owners
350(1)
VI Sale of the jointly owned home and Human Rights Implications
350(1)
VII Proceedings under Section 31 of the 2009 Act involving Cohabitants and the Home
350(7)
A The rights of cohabitants under Pt 15 of the 2010 Act
351(3)
B Proceedings for partition or sale between cohabitants on relationship breakdown
354(1)
C Proceedings for partition or sale involving cohabitants and third parties
355(2)
Chapter 11 Accounting Adjustments Between Co-Owners
I Introduction
357(2)
II Historical Background
359(4)
A Actions of account
359(3)
B Actions for compulsory partition or sale
362(1)
III Potential Accounting Adjustments Available in Partition Actions
363(38)
A Occupation rent
364(13)
B Expenditure
377(16)
C Rents and profits
393(2)
D Liability as a bailiff or agent
395(1)
E Related proceedings
396(4)
F Accounting adjustments on bankruptcy
400(1)
IV Some Observations on the Traditional Accounting Rules
401(1)
V Accounting Adjustments in Ireland under the 2009 Act
402(2)
VI Equitable Accounting or Trusts-based Principles: Asserting a Greater Beneficial Interest?
404(11)
A Potential scenarios
405(1)
B The Stack v Dowden principle
406(2)
C Post-Stack developments
408(2)
D The decision in Jones v Kernott
410(5)
Chapter 12 Practice Issues in Proceedings for Partition or Sale in Northern Ireland and Ireland
I Introduction
415(1)
II Courts Having Jurisdiction
416(2)
A Northern Ireland
416(1)
B Ireland
417(1)
III Necessary Parties
418(5)
A General requirements
418(1)
B Special provisions
419(4)
IV Persons under Disability
423(3)
V Form of Pleadings
426(4)
A Title of proceedings
426(1)
B Matters alleged by the plaintiff
427(3)
VI Hearing of the Action
430(2)
VII Form of Order
432(4)
A Necessary conveyances or transfers
433(1)
B Delivery of possession
434(1)
C Accounting adjustments
434(1)
D Incumbrances
434(1)
E Conditions imposed and/or postponement of order
435(1)
VIII Special Rules Relating to Partition
436(1)
IX Special Rules Relating to Sale
437(8)
A Method of sale and conduct
437(2)
B Application and distribution of the proceeds of sale
439(1)
C Conversion
440(1)
X Costs
441(4)
Chapter 13 Severance of Joint Tenancies
I Introduction
445(1)
II The Concept of Severance: Some Preliminary Observations
446(1)
III The Williams v Hensman Principle
447(2)
IV Common Law Methods of Severance
449(2)
A Acquisition of a further interest
449(1)
B Alienation
449(2)
V Equitable Methods of Severance
451(7)
A Alienation
452(1)
B Mutual agreement
452(1)
C Course of dealing
453(4)
D Unlawful killing and the forfeiture rule
457(1)
E Commorientes in Ireland
457(1)
F Unilateral severance by notice in writing?
458(1)
V Post-December 2009 Severance of Joint tenancies in Ireland
458(4)
A Severance by one joint tenant now dependent on consent
458(4)
B Severance by mutual agreement and course of dealing still relevant
462(1)
VI Contractual and Equitable Restrictions on Severance
462(5)
A Contractual restrictions on severance
463(1)
B Proprietary estoppel
464(3)
Index 467
Dr Heather Conway is a Senior Lecturer in Law in Queen's University Belfast.