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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Published In: Commercial Real Estate Updates, Residential Real Estate Updates, Securities Updates

Reference Info:n/a | Ireland

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Cathal N. Young, O'Reilly & Co. Solicitors & Notaries Public in Dublin | Attorney Advertising

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