Murphy v Murphy
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A son of the landowner (his mother) used her land for farming and this was
sufficient to show intention. His mother was actually unaware that she
owned the land but this was irrelevant and the son successfully
extinguished her rights to the land.The general test for intention is to ask
whether the adverse possession was inconsistent with and in denial of the
owner's rights to the land.
Tempany v Hynes
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, Equity looks on that as done which ought to have been done. The Supreme
Court held that when a contract for sale has been signed, the Vendor
becomes a trustee of the beneficial interest in the property to the extent
that the purchase money has been paid. Accordingly, the Supreme Court
held that until the whole of the purchase money is paid the Vendor has a
beneficial interest in the land which may be charged by a Judgment
Mortgage.
Re Dunne
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Conditions in the interest of fairness need to be clear and certain. Property
left in a will to a man and his wife subsequent to the condition that the land
cannot be transfered to any members of a particular family. Condition not
allowed. Limited alienability. Unclear what determined family, public policy
issue (land not to be used to continue family feuds)
Pormontoria oyster v Hannon
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Whether equitable mortgages created through deposit of land certs cease
to have effect after 2006 act. Court decides that this is a matter of general
principle and facts weren't relevant. Decided that no more in the future was
clearly laid out and because of 3 year caveat they were valid within 3 years
but had to be registered after that time. However this section does not
have effect on other ways to get equitable mortgages inc transfer of title
deeds. Note: can still be created through deposit of deeds
Smith v Irish Rail
Give this one a try later!
A son of the landowner (his mother) used her land for farming and this was
sufficient to show intention. His mother was actually unaware that she
owned the land but this was irrelevant and the son successfully
extinguished her rights to the land.The general test for intention is to ask
whether the adverse possession was inconsistent with and in denial of the
owner's rights to the land.
Tempany v Hynes
Give this one a try later!
, Equity looks on that as done which ought to have been done. The Supreme
Court held that when a contract for sale has been signed, the Vendor
becomes a trustee of the beneficial interest in the property to the extent
that the purchase money has been paid. Accordingly, the Supreme Court
held that until the whole of the purchase money is paid the Vendor has a
beneficial interest in the land which may be charged by a Judgment
Mortgage.
Re Dunne
Give this one a try later!
Conditions in the interest of fairness need to be clear and certain. Property
left in a will to a man and his wife subsequent to the condition that the land
cannot be transfered to any members of a particular family. Condition not
allowed. Limited alienability. Unclear what determined family, public policy
issue (land not to be used to continue family feuds)
Pormontoria oyster v Hannon
Give this one a try later!
Whether equitable mortgages created through deposit of land certs cease
to have effect after 2006 act. Court decides that this is a matter of general
principle and facts weren't relevant. Decided that no more in the future was
clearly laid out and because of 3 year caveat they were valid within 3 years
but had to be registered after that time. However this section does not
have effect on other ways to get equitable mortgages inc transfer of title
deeds. Note: can still be created through deposit of deeds
Smith v Irish Rail
