Criminal Law and Land Law Flashcards

What is the rule against perpetuities in Irish land law and how was it reformed?

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.

What is a restrictive covenant in Irish property law and when does it bind successor owners?

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.

What is the doctrine of notice in Irish unregistered land conveyancing?

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.

Under Irish criminal law, what is the mens rea for murder?

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.

What is the distinction between joint tenancy and tenancy in common in Irish co-ownership law?

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.

What is the significance of the Land and Conveyancing Law Reform Act 2009 for Irish property law?

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.