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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 21 July 2009

Land and Conveyancing Law Reform Act 2009 (No. 27)

Comparing proposed amendment...
Introductory Text
Acts Referred to
Marginal Abbreviations
Part 1 Preliminary and General (ss. 1-8)
In force
1. Short title.
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2. Commencement.
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3. Interpretation generally.
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4. Service of notices.
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5. Regulations.
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6. Offences.
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7. Expenses.
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8. Amendments and repeals.
Part 2 Ownership of Land (ss. 9-14)
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9. Ownership and abolition of feudal tenure.
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10. Estates and interests in land.
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11. Restrictions on legal estates and interests.
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12. Prohibition of fee farm grants.
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13. Abolition of the fee tail.
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14. Prohibition of leases for lives.
Part 3 Future Interests (ss. 15-17)
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15. Operation of future interests in land.
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16. Abolition of various rules.
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17. Scope of section 16.
Part 4 Trusts of Land (ss. 18-22)
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18. Trusts of land.
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19. Trustees of land.
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20. Powers of trustees of land.
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21. Overreaching for protection of purchasers.
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22. Resolution of disputes.
Part 5 Variation of Trusts (ss. 23-24)
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23. Interpretation of Part 5.
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24. Jurisdiction of court to vary, etc., trusts.
Part 6 Powers (ss. 25-29)
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25. Application of Part 6.
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26. Execution of nontestamentary powers of appointment.
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27. Release of powers.
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28. Disclaimer of powers.
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29. Validation of appointments.
Part 7 Co-Ownership (ss. 30-32)
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30. Unilateral severance of a joint tenancy.
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31. Court orders.
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32. Bodies corporate.
Part 8 Appurtenant Rights (ss. 33-50)
Chapter 1 Easements and profits à prendre (ss. 33-40)
Repealed
33. Interpretation of Chapter 1.
Repealed
34. Abolition of certain methods of prescription.
Repealed
35. Acquisition of easements and profits à prendre by prescription.
Repealed
36. Tenancies.
Repealed
37. Incapacity.
Repealed
38. Application of sections 34 to 37.
Repealed
39. Extinguishment.
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40. Implied grant.
Chapter 2 Rentcharges (ss. 41-42)
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41. Prohibition of certain rentcharges.
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42. Enforcement of rentcharges.
Chapter 3 Party structures (ss. 43-47)
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43. Interpretation of Chapter 3.
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44. Rights of building owner.
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45. Works orders.
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46. Terms and conditions of works orders.
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47. Discharge or modification of works orders.
Chapter 4 Freehold covenants (ss. 48-50)
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48. Interpretation of Chapter 4.
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49. Enforceability of freehold covenants.
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50. Discharge and modification.
Part 9 Contracts and Conveyances (ss. 51-88)
Chapter 1 Contracts relating to land (ss. 51-55)
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51. Evidence in writing.
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52. Passing of beneficial interest.
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53. Abolition of the Rule in Bain v. Fothergill.
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54. Order for return of deposit.
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55. Vendor and purchaser summons.
Chapter 2 Title (ss. 56-61)
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56. Root of title.
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57. Tenancies.
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58. Other conditions of title.
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59. Protection of purchasers.
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60. Fraudulent concealment and falsification.
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61. Notice of rights on common title.
Chapter 3 Deeds and their operation (ss. 62-74)
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62. Conveyances by deed only.
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63. Exceptions to deeds.
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64. Formalities for deeds.
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65. Escrows by corporate bodies.
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66. Conveyance to oneself.
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67. Words of limitation.
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68. Extinguishment of certain interests.
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69. Reservations.
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70. Benefit of deeds.
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71. Features and rights conveyed with land.
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72. Supplemental instruments.
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73. Partial releases.
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74. Fraudulent dispositions.
Chapter 4 Contents of deeds (ss. 75-85)
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75. Construction of instruments.
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76. All estate clause.
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77. Receipts in deeds.
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78. Conditions and covenants not implied.
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79. Scope of sections 80 and 81.
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80. Covenants for title.
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81. Additional covenants for land comprised in a lease.
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82. Covenants by or with two or more persons.
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83. Covenants by person jointly with others.
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84. Production and safe custody of documents.
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85. Notices.
Chapter 5 General provisions (ss. 86-88)
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86. Restrictions on constructive notice.
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87. Court orders.
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88. Regulations for Part 9.
Part 10 Mortgages (ss. 89-114)
Chapter 1 Creation of mortgages (ss. 89-90)
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89. Legal mortgages.
In force
90. Position of mortgagor and mortgagee.
Chapter 2 Powers and rights of mortgagor (ss. 91-95)
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91. Documents of title.
In force
92. Restriction on consolidation of certain mortgages.
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93. Transfer in lieu of discharge.
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94. Court order for sale.
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95. Advances on joint account.
Chapter 3 Obligations, powers and rights of mortgagee (ss. 96-111)
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96. Powers and rights generally.
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97. Taking possession.
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98. Abandoned property.
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99. Mortgagee in possession.
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100. Power of sale.
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101. Applications under sections 97 and 100.
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102. Incidental powers.
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103. Obligations on selling.
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104. Conveyance on sale.
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105. Protection of purchasers.
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106. Mortgagee's receipts.
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107. Application of proceeds of sale.
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108. Appointment of receiver.
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109. Application of money received.
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110. Insurance.
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111. Future advances.
Chapter 4 Leases and surrenders of leases (ss. 112-114)
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112. Exercise of leasing powers.
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113. Leasing powers.
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114. Surrenders.
Part 11 Judgment Mortgages (ss. 115-119)
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115. Interpretation of Part 11.
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116. Registration of judgment mortgages.
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117. Effect of registration.
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118. Extinguishment of judgment mortgages.
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119. Amendment of section 32 of the Act of 1957.
Part 12 Lis Pendens (ss. 120-126)
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120. Interpretation of Part 12.
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121. Register of lis pendens.
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122. Cancellation of entry in register.
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123. Court order to vacate lis pendens.
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124. Transitional.
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125. Protection of purchasers.
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126. Amendment of Second Schedule to Courts and Court Officers Act 1995.
Part 13 Amendments to Registration of Title Act 1964 (ss. 127-130)
In force
127. Amendment of section 3.
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128. Substitution of section 25.
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129. Amendment of section 69.
In force
130. Amendment of section 71.
Part 14 Miscellaneous (ss. 131-133)
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131. Interpretation (Part 14).
In force
132. Review of rent in certain cases.
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133. Abolition of power to seize a tenancy.
In force
Schedule 1 Amendments
Schedule 2 Repeals
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Schedule 2, Part 1 Pre-Union Irish Statutes
In force
Schedule 2, Part 2 Statutes of England
In force
Schedule 2, Part 3 Statute of Great Britain 1707 to 1800
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Schedule 2, Part 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922
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Schedule 2, Part 5 Acts of the Oireachtas
Schedule 3 Covenants Implied in Conveyances
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Schedule 3, Part 1 Extent of the Burden of Covenants
In force
Schedule 3, Part 2 Implied Covenants
In force
Schedule 3, Part 3 Additional Implied Covenants for Land Comprised in a Lease
Explanatory Memorandum