Registration

Question 1

Kingsnorth v Tizzard

Answer 1

S. 72(1)(j) RTA 1964

–> Rights of those in actual occupation.

Bank tried to enforce the loan by selling the house. Ms Tizzard saied that they cannot sell the property without regard for her rights.

Held: The bank should’ve been suspicious about the timing of the inspection—a Saturday. Moreover, as a matter of fact it was satisfied that there was sufficient evidence on display that there was an adult female in the house. Bank therefore takes with notice as it did not carry out the inspection properly.

Question 2

Thompson v Foy

Answer 2

English High Court—“actual occupation” has its plain meaning (in their equivalent provision to s.72(1)(j)

Question 3

Tullagower Quarries

Answer 3

s.32 RTA 1964. Allows for recitifaction of errors in the map.

Held (IECA): Rectification is confined to errors that emerge in the Land Registry and not errors in the “instruments presented for registration.”

Held: 1/3 of land as an error cannot be considered “minor” and so would be entitled to compensation under s. 210, even given proviso in s. 85.

Question 4

S. 32 RTA 1964 conditions

Answer 4

Tailte Eireann may rectify errors if:

1. Consent of registered owner and all interested parties.
2. On its own motion if no loss is caused to any party.
3. The court has an equitable jurisdiction to rectify errors provided it is achieved “without injustice.” Can set terms of rectification including orders as to cost.

Question 5

S. 85 RTA 1964

Answer 5

Land registry and its maps are not conclusive as to boundaries.
(Conclusive as to ownership, not boundaries.)

Question 6

Boyle v Connaughton

Answer 6

S. 85 was intended to account for minor errors and to protect the central fund from such claims.

– Here the court considered there would be no injustice if it rectified the registry as the plaintiff was aware of the defendant’s encroachment onto his part of the folio when he purchased the house.

Question 7

Gannon case

Answer 7

Maps are presumed to be correct until the contrary is proven.

Question 8

S. 72 RTA 1964

Answer 8

Unregistered burdens which the registered owner takes subject to. Most important is 72(1)(j) actual occupation.

Question 9

Purchaser takes subject to:

Answer 9

1. Registered burdens (s.69)
2. Cautions and inhibitions (s. 97. 98)
3. Unregistered interests.
4. Equitable mortgages by deposit (e.g. Agra Bank v Barry)
5. Actual fraud or mistake.

Question 10

Lien

Answer 10

A lien is a right to retain possession of something until monies owed to or an accrued claim of the person in possession, has been satisfied. The person holding the lien is not permitted to make any greater use of the thing concern, usually goods, than their retention.

Question 11

Tanager v Kane

Answer 11

Curtain principle.

Baker J in IECA: The court is not entitled to “look behind” the register.