FE-1 Criminal Law and Land Law 2 — Questions and Answers
Question 1: What is the rule against perpetuities in Irish land law and how was it reformed?
- The rule prevented property interests from vesting too remotely in the future — at common law the interest must vest within a life in being plus 21 years. The Land and Conveyancing Law Reform Act 2009 replaced this with a fixed 21-year perpetuity period for instruments created after 1 December 2009 (Correct answer)
- The rule against perpetuities was abolished entirely in Ireland
- The rule allows interests to vest at any future date provided it is expressly stated
- The perpetuity period in Ireland was extended to 80 years by the 2009 Act
Correct answer: The rule prevented property interests from vesting too remotely in the future — at common law the interest must vest within a life in being plus 21 years. The Land and Conveyancing Law Reform Act 2009 replaced this with a fixed 21-year perpetuity period for instruments created after 1 December 2009
The rule against perpetuities prevented interests from remaining contingent for too long. The common law period was a life in being plus 21 years. The 2009 Act simplified this to a fixed 21-year period for post-2009 instruments, abolishing the old 'wait and see' rules.
Question 2: What is a restrictive covenant in Irish property law and when does it bind successor owners?
- A negative obligation binding land (e.g. not to build) — under the rule in Tulk v Moxhay [1848] it binds successors in equity if: it is negative in substance, it benefits land retained by the covenantee, and the successor takes with notice (or it is registered) (Correct answer)
- Restrictive covenants bind all successors in title automatically without any conditions
- Restrictive covenants were abolished by the Land and Conveyancing Law Reform Act 2009
- Restrictive covenants only bind the original covenantor, not their successors
Correct answer: A negative obligation binding land (e.g. not to build) — under the rule in Tulk v Moxhay [1848] it binds successors in equity if: it is negative in substance, it benefits land retained by the covenantee, and the successor takes with notice (or it is registered)
Following Tulk v Moxhay, restrictive covenants can run with land in equity. In Ireland, with registered land, they must be registered as a burden to bind a purchaser for value. The 2009 Act preserved the equitable principle while integrating it with the registration system.
Question 3: What is the doctrine of notice in Irish unregistered land conveyancing?
- A purchaser of an unregistered estate takes free of equitable interests of which they had no actual, constructive, or imputed notice — the bona fide purchaser for value without notice takes free of prior equitable interests (Correct answer)
- Notice has no relevance in Irish unregistered conveyancing
- Only actual notice binds a purchaser — constructive notice was abolished in Ireland
- The doctrine of notice applies to both registered and unregistered land
Correct answer: A purchaser of an unregistered estate takes free of equitable interests of which they had no actual, constructive, or imputed notice — the bona fide purchaser for value without notice takes free of prior equitable interests
The bona fide purchaser doctrine protects those who purchase for value without actual, constructive (what a prudent search would reveal), or imputed notice (the knowledge of their agent). Registration of land under the Registration of Title Act 1964 largely replaces the notice doctrine for registered land.
Question 4: Under Irish criminal law, what is the mens rea for murder?
- An intention to kill or cause serious injury (malice aforethought) — the prosecution must prove the accused intended death or serious bodily harm (Correct answer)
- Recklessness as to death or serious injury
- Knowledge that death would probably result
- Any intention to cause harm to another person
Correct answer: An intention to kill or cause serious injury (malice aforethought) — the prosecution must prove the accused intended death or serious bodily harm
Murder in Ireland requires proof of malice aforethought — intention to kill or intention to cause serious bodily harm. This was confirmed in The People (DPP) v Douglas & Hayes. Recklessness may support manslaughter but not murder.
Question 5: What is the distinction between joint tenancy and tenancy in common in Irish co-ownership law?
- Joint tenants hold the whole estate together with the right of survivorship (jus accrescendi) — on death, the share accrues to the survivors. Tenants in common hold distinct shares with no survivorship — shares pass under the will or intestacy (Correct answer)
- Both forms of co-ownership operate with survivorship rights
- Tenancy in common is the default form of co-ownership in Irish law
- Joint tenancy can only arise by express declaration in the conveyancing document
Correct answer: Joint tenants hold the whole estate together with the right of survivorship (jus accrescendi) — on death, the share accrues to the survivors. Tenants in common hold distinct shares with no survivorship — shares pass under the will or intestacy
The critical difference is survivorship. Joint tenancy: four unities (possession, interest, title, time) must be present, and the survivor(s) take the whole. Tenancy in common: no survivorship — the deceased's share passes under their estate. Equity prefers tenancy in common.
Question 6: What is the significance of the Land and Conveyancing Law Reform Act 2009 for Irish property law?
- It comprehensively reformed and simplified Irish land law — abolishing the fee tail, feudal tenures, the old perpetuity rules, and modernising conveyancing and mortgages while applying after 1 December 2009 (Correct answer)
- It only affected commercial property transactions
- It abolished freehold ownership in Ireland
- The Act has not yet been brought into force
Correct answer: It comprehensively reformed and simplified Irish land law — abolishing the fee tail, feudal tenures, the old perpetuity rules, and modernising conveyancing and mortgages while applying after 1 December 2009
The 2009 Act was the most significant Irish land law reform in a century. It abolished: fee tail estates, certain feudal incidents, the old rule against perpetuities, and reformed mortgage law. It also codified many equitable principles. Commencement: 1 December 2009.
FE-1 Criminal Law and Land Law 2
What is the rule against perpetuities in Irish land law and how was it reformed?