23. Land Law, Succession and Trusts

Updated to 11 September 2020

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23.1. Land Ownership and Conveyancing

23.1.1. General

Justice 27/2009
Justice 30/2013
Justice
  • none
32/1954
Justice 22/2019
1 Repealed and replaced (with significant reforms) over 150 pre-1922 Acts that had been included in the definitive list of 1,364 pre-1922 Public and General Acts retained in force as of May 2007 in Statute Law Revision Act 2007 (28/2007), sch. 1.
2 Repealed a number of pre-1922 Acts which had prohibited mortmain (that is, these Acts prohibited the transfer of ownership in land in perpetuity). The 1954 Act now appears to be obsolete/spent.

23.1.2. Family Home

Justice
  • none
27/1976

23.1.3. Multi-Unit Developments, Including Apartments

Justice 2/2011

23.2. Registration of Title and Property Registration Authority

23.2.1. General

Justice 16/1964
3 Rescinded Land Registration Rules 1972 to 2011.

23.2.2. Property Registration Authority

Justice 12/2006

23.3. Landlord and Tenant

23.3.1. General

Justice
  • none
23 & 24 Vict., c. 154
Justice 3 Edw. 7, c. 37
Justice
  • none
30/1971
Justice 10/1980
Justice
  • none
4/1984
Justice
  • none
2/1989
Justice
  • none
20/1994

23.3.2. Ground Rents

Justice 3/1967
Justice
  • none
7/1978
Justice 16/1978
Justice
  • none
20/1983
Justice
  • none
15/1984
Justice
  • none
12/1987
Justice
  • none
7/2005
Justice 42/2019

23.3.3. Residential Tenancies 4

4 Rent Restrictions (Temporary Provisions) Act 1981 (26/1981) expired on 25 April 1982 as provided by Rent Restrictions (Temporary Provisions) (Continuance) Act 1981 (35/1981), s. 1, which Act also appears to be obsolete/spent.
Environ 27/2004
Environ
  • none
2/2009
Environ 42/2015
Environ 5 6/1982
Environ 22/1983
Local Gov
  • none
17/2016
Local Gov 14/2019
Environ
  • none
7/2020
5 Rent Allowance regulations are the responsibility of the Department of Social Protection.
6 Note also Housing (Private Rented Dwellings) Regulations 1982, S.I. No. 217 of 1982 and Housing (Private Rented Dwellings) (Amendment) Regulations 1983, S.I. No. 286 of 1983, listed under Housing (Miscellaneous Provisions) Act 1992 (18/1992).
7 The enabling provisions, Housing (Private Rented Dwellings) Act 1982 (6/1982), ss. 24 and 25, were repealed by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37(1) and sch., commenced by S.I. No. 223 of 1992. There is a saver for regulations in section 37(5), see previous footnote. The Housing (Private Rented Dwellings) Regulations 1982 provide that the landlords of dwellings to which the Housing (Private Rented Dwellings) Act 1982 apply (i.e. rent controlled dwellings) must (a) register the dwelling with the local authority (regulation made under s. 24 of the 1982 Act), (b) provide the tenant with a rent book (regulation made under s. 25 of the 1982 Act). Dwellings to which the Housing (Private Rented Dwellings) Act 1982 applies are specifically excluded from the application of the rent book and registration requirements that apply to rented dwellings generally, i.e. the Housing (Rent Books) Regulations 1993 (S.I. 146 of 1993) and Residential Tenancies Act 2004, s. 134. The registration requirements in the Residential Tenancies Act 2004 replaced the registration requirement in the Housing (Registration of Rented Dwellings) Regulations 1996 (S.I. No. 30 of 1996) which also specifically excluded dwellings to which the Housing (Private Rented Dwellings) Act 1982 applies. It has always been the view of the Department of the Environment, Community and Local Government that the Housing (Private Rented Dwellings) Regulations 1982 and 1983 do fall within the saver under s. 37(5) of the Housing (Miscellaneous Provisions) Act 1992. It is partly for this reason that dwellings to which the Housing (Private Rented Dwellings) Act 1982 applies are excluded from the legislation that applies to rented dwellings generally in relation to registration and rent books. The Housing (Miscellaneous Provisions) Act 1992, s. 20(10) makes a specific reference (for the purpose of specific sections in the Housing (Private Rented Dwellings) Act 1982 and 1983) to regulations made under Housing (Private Rented Dwellings) Act 1982, s. 24 which seems to infer that the regulations do fall within the saver. The SI is also noted under Housing (Miscellaneous Provisions) Act 1992 (18/1992).
8 Also listed under Social Welfare Consolidation Act 2005 (26/2005).
9 Superseded by S.I. No. 121 of 2000, this SI should be revoked. Also listed under Social Welfare Consolidation Act 2005 (26/2005)
10 Superseded by S.I. No. 100 of 2001, this SI should be revoked. Also listed under Social Welfare Consolidation Act 2005 (26/2005).
11 Superseded by S.I. No. 651 of 2001, this SI should be revoked. Also listed under Social Welfare Consolidation Act 2005 (26/2005).
12 Also listed under Social Welfare Consolidation Act 2005 (26/2005).
13 Superseded by S.I. No. 629 of 2002, this SI should be revoked. Also listed under Social Welfare Consolidation Act 2005 (26/2005).
14 Superseded by S.I. No. 629 of 2002, this SI should be revoked. Also listed under Social Welfare Consolidation Act 2005 (26/2005).
15 Also listed under Social Welfare Consolidation Act 2005 (26/2005).
16 Superseded by S.I. No. 729 of 2003, this SI should be revoked. Also listed under Social Welfare Consolidation Act 2005 (26/2005).
17 Superseded by S.I. No. 849 of 2004, this SI should be revoked. Also listed under Social Welfare Consolidation Act 2005 (26/2005).
18 Superseded by S.I. No. 879 of 2005, this SI should be revoked. Also listed under Social Welfare Consolidation Act 2005 (26/2005).
19 Also listed under Social Welfare Consolidation Act 2005 (26/2005).
20 Superseded by S.I. No. 693 of 2006, this SI should be revoked. Also listed under Social Welfare Consolidation Act 2005 (26/2005).
21 Superseded by S.I. No. 683 of 2007, this SI should be revoked. Also listed under Social Welfare Consolidation Act 2005 (26/2005).
22 Superseded by S.I. No. 600 of 2008, this SI should be revoked. Also listed under Social Welfare Consolidation Act 2005 (26/2005).
23 Superseded by S.I. No. 600 of 2011, this SI should be revoked. Also listed under Social Welfare Consolidation Act 2005 (26/2005).
24 Also listed under Social Welfare Consolidation Act 2005 (26/2005).
25 Also listed under Social Welfare Consolidation Act 2005 (26/2005).
26 Also listed under Social Welfare Consolidation Act 2005 (26/2005).
27 Also listed under Social Welfare Consolidation Act 2005 (26/2005).
28 Also listed under Social Welfare Consolidation Act 2005 (26/2005).
29

Also listed under Title 29.1.1: Planning and Development - General.

23.4. Succession and Wills

Justice 30 27/1965
Justice
  • none
14/2008
30 Ministerial functions under s. 73 transferred from Finance to Public Expenditure and Reform by S.I. No. 318 of 2015.
31 This Act is also classified at 2.9, 9.1 and 17.6.1.

23.5. Compulsory Acquisition of Land

23.5.1. General

Environ
  • none
8 & 9 Vict., c. 18
Environ
  • none
8 & 9 Vict., c. 20
Environ
  • none
10 & 11 Vict., c. 15

23.5.2. Assessment of Compensation

Finance 9 & 10 Geo. 5, c. 57
Environ
  • none
22/1925
Environ/Finance 45/1960
32 Also listed under Shannon Electricity Act 1925 (26/1925), this appears to be the responsibility of the Department of Communications, Energy and Natural Resources. The purpose of this SI appears to be obsolete/spent.
33 This appears to be the responsibility of the Department of Finance.

23.6. Valuation

Justice 34 13/2001
Justice 82 10/2015
34 Functions under parts 1-12 and 13, other than ss. 4(5), 4(6) in in so far as it relates to directions in accordance with which fees charged pursuant to regulations under section 4(2) shall be paid into or disposed of for the benefit of the Exchequer, 6(2), 9(6), 10(1), 56(2) and sch. 2 para. 1(7) transferred from Public Expenditure and Reform to Justice and Equality by S.I. No. 638 of 2015.
35

The enabling Act, Valuation Act 1988 (2/1988), was repealed by Valuation Act 2001 (13/2001), subject to a saver for the Tribunal and Commissioners and pre-existing applications and appeals contained in ss. 12, 57(1), (7), (8). 

36 The enabling Act, Valuation Act 1988 (2/1988), was repealed by Valuation Act 2001 (13/2001), subject to a saver for regulations made under this section by s. 4(7).
37 Ibid.
38 This SI appears to be superseded by S.I. No. 151 of 2004 and should be revoked.
39 This SI appears to be superseded by S.I. No. 252 of 2005 and should be revoked.
40 This SI appears to be superseded by S.I. No. 253 of 2005 and should be revoked.
41 This SI appears to be obsolete (Esat BT is not longer operational) and should be revoked.
42 This SI appears to be superseded by S.I. No. 251 of 2005 and should be revoked.
43 This SI appears to be superseded by S.I. No. 255 of 2005 and should be revoked.
44 This SI appears to be superseded by S.I. No. 340 of 2009 and should be revoked.
45 This SI appears to be superseded by S.I. No. 254 of 2005 and should be revoked.
46 This SI appears to be superseded by S.I. No. 759 of 2005 and should be revoked.
47 This SI appears to be superseded by S.I. No. 758 of 2005 and should be revoked.
48 This SI appears to be superseded by S.I. No. 466 of 2010 and should be revoked.
49 This SI appears to be superseded by S.I. No. 462 of 2010 and should be revoked.
50 This SI appears to be superseded by S.I. No. 464 of 2010 and should be revoked.
51 This SI appears to be superseded by S.I. No. 463 of 2010 and should be revoked.
52 This SI appears to be superseded by S.I. No. 229 of 2010 and should be revoked.
53 This SI appears to be superseded by S.I. No. 230 of 2010 and should be revoked.
54 This SI appears to be superseded by S.I. No. 588 of 2006 and should be revoked.
55 This SI appears to be superseded by S.I. No. 589 of 2006 and should be revoked.
56 This SI appears to be superseded by S.I. No. 587 of 2006 and should be revoked.
57 This SI appears to be superseded by S.I. No. 567 of 2010 and should be revoked.
58 This SI appears to be superseded by S.I. No. 465 of 2010 and should be revoked.
59 This SI appears to be superseded by S.I. No. 237 of 2007 and should be revoked.
60 Chorus, then Chorus NTL, was rebranded as UPC and is now trading as Virgin Media Ireland. This SI appears to be superseded by S.I. No. 606 of 2011 and should be revoked.
61 This SI appears to be superseded by S.I. No. 495 of 2016 and should be revoked.
62 NTL, then Chorus NTL, was rebranded as UPC and is now trading as Virgin Media Ireland. This SI appears to be superseded by S.I. No. 606 of 2011 and should be revoked.
63 This SI appears to be superseded by S.I. No. 460 of 2012 and should be revoked.
64 This SI relates to rates for 2008, is spent and should be revoked.
65 This SI provided for a valuation to be carried out by 1 September 2009, is spent and should be revoked.
66 This SI appears to be superseded by S.I. No. 593 of 2014.
67 This SI appears to be superseded by S.I. No. 594 of 2014.
68 This SI relates to the year 2010, is obsolete and should be revoked.
69 This SI appears to be superseded by S.I. No. 488 of 2015.
70 This SI appears to be superseded by S.I. No. 492 of 2015.
71 This SI appears to be superseded by S.I. No. 493 of 2015.
72 This SI appears to be superseded by S.I. No. 487 of 2015, and is listed by Department for revocation.
73 This SI appears to be superseded by S.I. No. 491 of 2015 and is listed by Department for revocation.
74 This SI relates to the year 2011, is obsolete and should be revoked.
75 UPC is trading as Virgin Media Ireland since October 2015. This SI appears to be superseded by S.I. No. 494 of 2016 and should be revoked.
76 Hutchison 3G Ireland Limited, trading as 3, is now trading as Three Ireland and incorporates O2. This SI appears to be superseded by S.I. No. 490 of 2015 and is listed by Department for revocation.
77 This SI relates to the year 2014, is obsolete and should be revoked.
78 This SI relates to the year 2014, is obsolete and should be revoked.
79 This SI relates to the year 2014, is obsolete and should be revoked.
80 This SI relates to the year 2014, is obsolete and should be revoked.
81 This SI relates to the year 2015.
82 Functions under s. 14 transferred from Public Expenditure and Reform to Justice and Equality by S.I. No. 638 of 2015.

23.7. Land Commission

Agric 25/1992
Agric
  • none
27/1923
Agric/Finance 54 & 55 Vict., c. 48
Agric/Finance 9 Edw. 7, c. 42
Agric 42/1923
Agric
  • none
25/1925
Agric
  • none
11/1926
Agric
  • none
19/1927
Agric
  • none
31/1929
Agric
  • none
11/1931
Agric 33/1933
Agric 38/1933
Agric 88 11/1934
Agric
  • none
1/1936
Agric
  • none
41/1936
Agric 26/1939
Agric
  • none
12/1946
Agric
  • none
16/1950
Agric
  • none
18/1953
Agric
  • none
21/1954
Agric
  • none
13/1964
Agric 2/1965
Agric 24/1969
Agric
  • none
5/1975
Agric
  • none
22/1978
Agric
  • none
5/1980
Agric
  • none
9/1983
Agric
  • none
24/1984
Agric 4/1992
Agric 24/2005
83 The Guarantee Fund established under s. 5 of this Act was dissolved by Land Bond Act 1992 s. 4 and that section was repealed. This SI is therefore obsolete and should be revoked.
84 The Guarantee Fund established under s. 5 of this Act was dissolved by Land Bond Act 1992 s. 4 and that section was repealed. This SI is therefore obsolete and should be revoked.
85 This SI is made under multiple Acts. As the Irish Land Act 1909 is the first of these listed, the SI is assigned to it.
86 Ibid.
87 Also Department of Finance.
88 Under discussion with Department of Finance.
89 Probably obsolete as it provides for 30 June 2006 to be the final date for a redemption scheme; this was extended by Land Purchase Annuities Redemption Scheme (Amendment) Regulations 2006, S.I. No. 352 of 2006 to 31 October 2006.
90 Probably obsolete as it provides for 31 October 2006 to be the final date for a redemption scheme.

23.8. Trust Law

23.8.1. General

Justice
  • none
56 & 57 Vict., c. 53
Justice
  • none
57 & 58 Vict., c. 10
Justice
  • none
20/1931
Justice 8/1958

23.8.2. Irish Sailors and Soldiers Land Trust

Finance 91
  • none
33/1988
91 Responsibility under s. 2 assigned to Public Expenditure and Reform by S.I. No. 418 of 2011.

23.9. ECA Section 3 Statutory Instruments

Foreign 27/1972