Written with both legal students and practitioners in mind, this highly specialist book is widely recognised as the definitive guide to Irish land law. Comprehensive and clear, this title not only covers the subject of Irish land law with depth and detail, it also offers invaluable information on equity, trusts and succession. It is regularly cited as authoritative by Irish judges at the highest level. Irish Land Law joins with John Wylie's other extensive work in conveyancing law and landlord and tenant law to cement Wylie's place as one the most esteemed authors in Irish property law. His other titles include Landlord and Tenant Law and Irish Conveyancing Law. Includes the following developments in case law: · Enforcement of mortgage debts and security for loans, including the impact of the Central Bank and Consumer Protection Codes and personal insolvency legislation. · Rules governing appointment of receivers and their duties and powers, including appointment of court receivers by way of equitable execution. · Operation of NAMA, its duties and powers. · Acquisition of public rights of way and of easements by prescription. · Enforcement of judgment mortgages and vacation of lites pendentes. · Adverse possession. · Nature of a licence coupled with an interest and right of residence. · Rules governing validity and construction of wills · Court powers to remove personal representatives and claims against a deceased person's estate. In addition, the new edition incorporates reference to new legislation, such as the Residential Tenancies (Amendment) Acts 2015, 2016 and 2019; Personal Insolvency (Amendment) Act 2015 and Land and Conveyancing Law Reform Act 2019. This title will naturally be of great use to solicitors, barristers, students of land law and government departments. However, it will also be of interest to property consultants, real estate agents and financial institutions.

Written with both legal students and practitioners in mind, this highly specialist book is widely recognised as the definitive guide to Irish land law. Comprehensive and clear, this book not only covers the subject of Irish land law with depth and detail, it also offers invaluable information on equity, trusts and succession. The fifth edition of Irish Land Law includes coverage of changes to the controversial law of prescription introduced by the Civil Law (Miscellaneous Provisions) Act 2011 and the continuing controversy over lenders' ability to enforce mortgages which stems from a series of judicial decisions interpreting the Land and Conveyancing Law Reform Act 2009. Also included are developments relating to easements, trusts of land, mortgages and judgment mortgages. This title will naturally be of great use to solicitors, barristers, students of land law and government departments, however it will also be of interest to property consultants, real estate agents and financial institutions. Irish Land Law joins with John Wylie's other extensive work in conveyancing law and landlord and tenant law to cement Wylie's place as one the most esteemed authors in Irish property law. His other titles include Landlord and Tenant Law and The Land and Conveyancing Law. Professor John Wylie is a well-known author on Irish property law. He was a Consultant to the Law Reform Commission on various reform projects it carried out between 2001 and 2008 and he played a leading role in the Joint Project with the Department of Justice, Equality and Law Reform.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Ireland deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Ireland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.

The Land and Conveyancing Law Reform Acts: Annotations and Commentary remains the indispensable guide to the key legislation governing Irish property law, written by the leading authority in this area of law. J C W Wylie is the author of the leading texts on Irish property law, including Irish Land Law, Irish Conveyancing Law and Irish Landlord and Tenant Law (all published by Bloomsbury Professional). This title sets out the 2009 and 2013 Acts alongside commentary that fully explains the background to the substantial changes to land law and conveyancing implemented by those Acts. This second edition incorporates the amendments to the 2009 Act brought in by the Land and Conveyancing Law Reform Act 2013, the Irish Bank Resolution Corporation Act 2013 and other related legislation. It also discusses the impact on the practice of property law of landmark cases such as Start Mortgages. The second edition sets out each provision of the legislation, fully consolidated, followed by insightful commentary explaining the purpose and meaning of each provision. It also includes updated introductory notes to each Part of the 2009 Act. This book is will be highly informative and useful for people working in a range of areas, including solicitors, barristers, judges, property professionals, as well as people working in the Property Services Regulatory Authority, the Property Registration Authority, and banks.

Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a role in constituting the very objects ("things") in which they are held. With comprehensive comparative analysis, insights are gleaned from all the jurisdictions of the European Union and the United Kingdom, presenting a critical evaluation of property law systems in both Common and Civil Law traditions. This book joins all the national legal systems in a single inquiry, treating their traditions and arguments with the respect they deserve and taking advantage of the knowledge embodied in the diversity of European private law. A scholastic work, offering deep and unique insights into the European property law systems, Foundations of Property Law will quickly become a go-to resource for anyone interested in European private law and comparative property law.

Nothing is more important in English land law than 'possession'. It is the foundation of all title, rights and remedies. But what exactly is it, and why does it still matter? This book, first published in 2006, is about the meaning, significance and practical effect of the concept of possession in contemporary land law. It explains the different meanings of possession, the relationship between possession and title, and the ways in which the common law and equity do, and do not, protect possession. The rights and remedies of freeholders, tenants and mortgage lenders, between themselves and against third parties, are all to some extent dependent on questions of status and possession. This book shows how. It is designed to provide an understanding of the basic principles for the student, and answers to difficult, real problems for the practitioner.

The globalization of housing finance led to the global financial crisis, which has created new barriers to adequate and affordable housing. It presents major challenges for current housing law and policy, as well as for the development of housing rights. This book examines and discusses key contemporary housing issues in the context of today’s globalized housing systems. The book takes up the challenge of developing a new paradigm, working towards the possibility of an alternative future. Revolving around three constellations of writing by diverse contributors, each chapter sets out a clear and developed approach to contemporary housing issues. The first major theme considers the crisis in mortgage market regulation, the development of mortgage securitization and comparisons between Spain and Ireland, two countries at the epicentre of the global housing market crisis. The second thematic consideration focuses on housing rights within the European human rights architecture, within national constitutions, and those arising from new international instruments, with their particular relevance for persons with disabilities and developing economies. The third theme incorporates an examination of responses to the decline and regeneration of inner cities, legal issues around squatting in developed economies, and changes in tenure patterns away from home-ownership. This topical book will be valuable to those who are interested in law, housing rights and human rights, policy-making and globalization.

This book offers a fresh theoretical approach and methodology for tackling the most pressing property problems of our time.

This is the second volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series is planned to cover 27 European legal systems, distributed over six volumes. Starting with general property law issues like the concepts of ownership and possession employed in the different legal systems, and the means by which they are protected, the reports primarily focus on the “derivative” transfer of ownership, but their scope extends to good faith acquisition from a non-owner, acquisitive prescription, processing and commingling, and further related issues. The reports, prepared by national property law experts, provide the reader with detailed information about the rules, case law and legal literature in the jurisdictions concerned. They serve as a starting point for further comparative research in property law and also as a tool for practitioners searching for information on foreign legal systems.