CORA
Cork Open Research Archive (CORA) is UCC’s Open Access institutional repository which enables UCC researchers to make their research outputs freely available and accessible.
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Judgment mortgages, co-ownership and registered land
(Sweet & Maxwell/Round Hall, 1999-01) Mee, John
Consider the situation where a judgment mortgage has been registered against the interest of one co-owner of a piece of real property (for example, against the interest of one of the spouses in a jointly–owned family home).1 Can this judgment mortgage be enforced by means of a sale of the property in question? This important practical question hinges on the jurisdiction to order a sale under the Partition Acts of 1868 and 1876, which in turn is dependent on the ancient law of partition. This article seeks to highlight an unexpected problem which arises in relation to registered land.
The practical implications of Bank of Ireland v Smyth - Part II
(Round Hall, 1996) Mee, JOHN
Part One of this article, published in the August issue, discussed the implications of the judgment of the Supreme Court in Bank of Ireland v Smyth1 in the context of mortgages of the family home. Part Two, published here, addresses the impact of Smyth on a variety of wider issues, including the sale of residential property, the status of consents to previous transactions on the title and the validity of bank guarantees outside the context of the Family Home Protection Act.
The practical implications of Bank of Ireland v Smyth - Part I
(Round Hall, 1996) Mee, John
On the 19th of November 1995, the Supreme Court delivered its long-awaited judgment in Bank of Ireland v Smyth.1 The case concerned the requirements for the validity of a consent under the Family Home Protection Act, 1976. The Supreme Court held that a consent would not be valid unless it could be shown to have been free and fully informed. This decision will create a number of problems for practitioners involved in lending transactions and in the conveyancing of residential property. These practical difficulties will be explored in this two-part article and an attempt will be made to suggest possible solutions.
The Family Home Protection Act and priorities in land law
(Round Hall, 1992) Mee, John
A number of recent High Court decisions have examined the interplay between the requirement of consent under the Family Home Protection Act, 1976 and the rules governing priorities in registered land. This article analyses these cases and also addresses the broadly similar questions which arise in relation to unregistered land.
Pathways towards stable housing for parents and children exiting residential services
(The Housing Agency, 2024-06) Buckley, Margaret; Busteed, Edith; The Housing Agency, Ireland
This report is the result of the research project Pathways towards Stable Housing for Parents and Children Exiting Residential Services, which was funded by the Housing Agency Research Support Programme. This research was conducted in collaboration with Childhood Matters in the Bessborough Centre throughout 2022. Childhood Matters is a residential support and assessment service for parents with infant children.While living on the unit, parents take part in a parenting assessment while also engaging in a programme of therapeutic support and key working tailored to meet their individual needs. Multidisciplinary assessments of parenting capacity are provided throughout using a framework that is underpinned by Infant Mental Health and Parenting Development. Parents and children live on site for sixteen weeks, before transitioning back into the community. The lack of appropriate, accessible housing results in many parents being discharged to homeless services either with their children or alone, with many of the children being placed in foster care due to their parents’ living situations. The lack of access to suitable accommodation places parents and children at significant risk, both in the short-term and longterm. This issue is not isolated to people leaving Childhood Matters in the Bessborough Centre and can be observed in a number of different residential settings. This research documents the necessity of including parents and children exiting tertiary services, who are facing homelessness and housing instability, in future policy development. A viable and practical model for successful transition from residential services to living in the community is needed in Ireland. Currently, there are few pathways available to people, and particularly families, who are exiting residential settings and facing housing precarity, instability or homelessness. Through gathering the views of service users (both past and present) in the Parent and Infant Unit in Childhood Matters, Local Authority staff in Homeless Services, staff in NGOs, and combining with data of homeless service use, housing supports and Childhood Matters, a picture emerges of possible routes towards accessible, suitable and stable accommodation options. Amalgamating these findings with the economics of homeless services, a model for supported housing aimed at assisting families, who may have complex needs, exiting residential settings into accommodation in the community was developed.