Irish Property Law Update: February 2019

Issue 86 of the Irish Property Law Update is now live for subscribers to Irish Property Law. In this issue, J.C.W. Wylie offers concise and erudite analysis on recent developments in Irish law pertaining to all aspects of real property, including: easements, drafting and constructing of deeds, the position of parties under mortgages and wills. 

An excerpt from the section on lis pendens and judgment mortgages reads:

'In ADM Londis Co Ltd v Flynn [2018] IEHC 690 Quinn J ruled that the Examiner’s Certificate issued following the usual enquiry as to encumbrances, ordered on the making of a well-charging order and order for sale to enforce a judgment mortgage, cannot be varied once accepted by the court, unless there are special circumstances. Once accepted by the court the certificate binds the parties and governs the distribution of the proceeds from sale of the property. A particular incumbrancer who has either not made a claim or whose claim has not been accepted by the Examiner cannot rely solely on the fact that its charge is registered in the Land Registry.'

To access the update in full, click here

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