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. |