Land And Conveyancing Law Reform Act 2009

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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.