Irwin -v- Deasy

Supreme Court upholds High Court decision in Irwin -v- Deasy in relation to co-owners of registered land

The Supreme Court ruled in relation to the remedies available for the enforcement of a judgment registered against only one of the co-owners of registered land.

The High Court found that it did not have jurisdiction to either partition co-owned property or the force the sale and division of the proceeds to enforce a judgment mortgage.

The court agreed that "registration of a judgment mortgage against registered land creates a charge only and does not operate as a mortgage and does not effect a transfer of the title of the judgment mortgagor".

This represents a significant divergence in the law relating to registered and unregistered land and this point of law is sure to arise again.

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