Rights Of Residence Essay Flashcards
(15 cards)
What is a right of residence in Irish land law?
It permits a person to reside in a property (or part of it) owned by another, often without creating a proprietary interest.
How was a licence defined in Thomas v Sorrell (1673)?
A licence ‘passeth no interest… but only makes an action lawful which without it had been unlawful.’
What did National Bank v Keegan [1931] decide about exclusive rights of residence in unregistered land?
They could amount to an equitable life estate, binding even against third parties.
What distinction did Kennedy CJ draw in Keegan?
Between general rights of residence (monetary value) and exclusive rights (potential life estate).
What was Murnaghan J’s dissenting view in Keegan?
Rights of residence should be construed as personal, not proprietary.
What did Atkins v Atkins [1976] hold about general rights of residence?
Even general rights could confer a life estate, blurring the distinction between general and exclusive rights.
What statutory provision overturned Keegan in registered land?
Section 81 of the Registration of Title Act 1964, which deemed rights of residence as personal, not proprietary.
What does Section 11(2)(c)(iii) of the Land and Conveyancing Law Reform Act 2009 provide?
Only a fee simple in possession may be created, subject only to non-exclusive rights of residence.
Are rights of residence burdens in registered land?
Yes, they can be section 69 burdens and enforceable against purchasers for value.
What case said that monetary compensation may be appropriate for unenforceable rights of residence?
Ryan v Ryan (1848)
What did Johnston v Horace [1993] establish about valuing rights of residence?
Valuation should consider duration, conduct, and means; the right may warrant substantial damages.
What principle did Bracken v Byrne [2005] reinforce?
Courts should enforce rights of residence by injunction unless compensation is more equitable.
What is the function of proprietary estoppel in residence cases?
It protects individuals who relied on assurances to their detriment, granting enforceable rights.
What did Re JR [1993] say about estoppel in residence cases?
A right of residence could be protected through estoppel where there is assurance and reliance, even if no legal estate arises.
What concern does Gillett v Holt [2001] raise about proprietary estoppel?
The doctrine depends on unconscionability, which introduces subjectivity and uncertainty.
