Land And Conveyancing Law Reform Act 2009

3.

Interpretation generally.

3.— In this Act, unless the context otherwise requires—

“Act of 1957” means the Statute of Limitations 1957;

“Act of 1963” means the Companies Act 1963;

“Act of 1964” means the Registration of Title Act 1964;

“Act of 1965” means the Succession Act 1965;

“Act of 1976” means the Family Home Protection Act 1976;

“Act of 1988” means the Bankruptcy Act 1988;

“Act of 1989” means the Building Societies Act 1989;

“Act of 1995” means the Family Law Act 1995;

“Act of 1996” means the Family Law (Divorce) Act 1996;

“Act of 2000” means the Planning and Development Act 2000;

“Act of 2005” means the Interpretation Act 2005;

“Act of 2006” means the Registration of Deeds and Title Act 2006;

“assent” has the meaning given to it by section 53 of the Act of 1965;

“consent” includes agreement, licence and permission;

“conveyance” includes an appointment, assent, assignment, charge, disclaimer, lease, mortgage, release, surrender, transfer, vesting certificate, vesting declaration, vesting order and every other assurance by way of instrument except a will; and “ convey” shall be read accordingly;

“the court” means—

( a) the High Court, or

( b) the Circuit Court when exercising the jurisdiction conferred on it by the Third Schedule to the Courts (Supplemental Provisions) Act 1961;

“covenant” includes an agreement, a condition, reservation and stipulation;

“deed” has the meaning given to it by section 64 (2) ;

“development” has the meaning given to it by section 3 of the Act of 2000;

“development plan” has the meaning given to it by section 3(1) of the Act of 2000;

“disposition” includes a conveyance and a devise, bequest or appointment of property by will and “dispose” shall be read accordingly;

“exempted development” has the meaning given to it by section 4 of the Act of 2000;

“fee farm grant” means any—

( a) grant of a fee simple, or

( b) lease for ever or in perpetuity,

reserving or charging a perpetual rent, whether or not the relationship of landlord and tenant is created between the grantor and grantee, and includes a sub-fee farm grant;

“freehold covenant” has the meaning given to it by section 48 ;

“freehold estate” has the meaning given to it by section 11 (2) ;

“housing loan” has the meaning given to it by section 2(1) of the Consumer Credit Act 1995, as substituted by section 33 of, and Part 12 of Schedule 3 to, the Central Bank and Financial Services Authority of Ireland Act 2004 and “housing loan mortgage” means a mortgage to secure a housing loan;

“incumbrance” includes an annuity, charge, lien, mortgage, portion and trust for securing an annual or capital sum; and “incumbrancer” shall be read accordingly and includes every person entitled to the benefit of an incumbrance or to require its payment or discharge;

“instrument” includes a deed, will, or other document in writing, and information in electronic or other non-legible form which is capable of being converted into such a document, but not a statutory provision;

“judgment mortgage” means a mortgage registered by a creditor under section 116 ;

“land” includes—

( a) any estate or interest in or over land, whether corporeal or incorporeal,

( b) mines, minerals and other substances in the substratum below the surface, whether or not owned in horizontal, vertical or other layers apart from the surface of the land,

( c) land covered by water,

( d) buildings or structures of any kind on land and any part of them, whether the division is made horizontally, vertically or in any other way,

( e) the airspace above the surface of land or above any building or structure on land which is capable of being or was previously occupied by a building or structure and any part of such airspace, whether the division is made horizontally, vertically or in any other way,

( f) any part of land;

“Land Registry” has the meaning given to it by section 7 of the Act of 1964;

“landlord” means the person, including a sublandlord, entitled to the legal estate immediately superior to a tenancy;

“lease” as a noun means an instrument creating a tenancy; and as a verb means the granting of a tenancy by an instrument;

“ legal estate” has the meaning given to it by section 11 (1) ;

“legal interest” has the meaning given to it by section 11 (4) ;

“lessee” means the person, including a sublessee, in whom a tenancy created by a lease is vested;

“lessor” means the person, including a sublessor, entitled to the legal estate immediately superior to a tenancy created by a lease;

“Minister” means the Minister for Justice, Equality and Law Reform;

“mortgage” includes any charge or lien on any property for securing money or money’s worth;

“mortgagee” includes any person having the benefit of a charge or lien and any person deriving title to the mortgage under the original mortgagee;

“mortgagor” includes any person deriving title to the mortgaged property under the original mortgagor or entitled to redeem the mortgage;

“notice” includes constructive notice;

“personal representative” means the executor or executrix or the administrator or administratrix for the time being of a deceased person;

“planning permission” means permission required under Part III of the Act of 2000;

“possession” includes the receipt of, or the right to receive, rent and profits, if any;

“prescribed” means prescribed by regulations made under section 5 ;

“property” means any real or personal property or any part or combination of such property;

“Property Registration Authority” has the meaning given to it by section 9 of the Act of 2006;

“purchaser” means an assignee, chargeant, grantee, lessee, mortgagee or other person who acquires land for valuable consideration; and “purchase” shall be read accordingly;

“registered land” has the meaning given to it by section 3(1) of the Act of 1964;

“Registry of Deeds” has the meaning given to it by section 33 of the Act of 2006;

“rent” includes a rent payable under a tenancy or a rentcharge, or other payment in money or money’s worth or any other consideration, reserved or issuing out of or charged on land, but does not include interest;

“rentcharge” means any annual or periodic sum charged on or issuing out of land, except—

( a) a rent payable under a tenancy, and

( b) interest;

“right of entry” means a right to take possession of land or of its income and to retain that possession or income until some obligation is performed;

“right of re - entry” means a right to forfeit the legal owner’s estate in the land;

“strict settlement” has the meaning given to it by section 18(1)(a) ;

“subtenancy” includes a sub-subtenancy; and a “subtenant” shall be read accordingly;

“tenancy” means the estate or interest which arises from the relationship of landlord and tenant however it is created but does not include a tenancy at will or at sufferance;

“tenant” means the person, including a subtenant, in whom a tenancy is vested;

“trust corporation” has the meaning given to it by section 30(4) of the Act of 1965;

“ trust of land” has the meaning given to it by section 18 (1) ;

“unregistered land” has the meaning given to it by section 3(1) of the Act of 1964;

“valuable consideration” does not include marriage or a nominal consideration in money;

“will” includes codicil.