Law - Journal Articles

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    The fee tail: Putting us out of its misery
    (Sweet & Maxwell/Round Hall, 2005) Mee, John
    Reports on the Irish Law Reform Commission's proposal to abolish the fee tail system, whereby an estate may only pass to the direct descendants of the original tenant. Examines the Commission's proposal concerning the conversion of existing fee tails to fee simple, and compares it to the proposal on the issue made by the Northern Ireland Land Law Working Group in 1990. Discusses the constitutionality of converting existing fee tails to fee simple, and suggests an alternative approach whereby all fee tails in possession are converted automatically. Legislation Cited: Fines and Recoveries (Ireland) Act 1834
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    Property rights and personal relationships: Reflections on reform
    (Wiley [Published online by Cambridge University Press: 02 January 2018], 2004-06) Mee, John
    This paper considers the possible reform of the law governing property rights upon the termination of a close personal relationship, taking as its point of departure the Law Commission's Discussion Paper on Home-Sharing (2002). Having considered the reasons for the inconclusive outcome of the Law Commission's project (and the Discussion Paper's comments on the law of trusts), the paper moves on to consider the possible shape of future reform. It examines first the preliminary question of whether possible legislation should focus on unmarried cohabitees or whether a wider range of relationships should be encompassed (with or without a cohabitation requirement), The paper then looks at the form which a legislative scheme might take, examining the possibility of focusing on contributions (along the lines of New South Wales’ legislation) and the Law Society's proposals for a regime based on‘economic advantage and disadvantage’. The experience of the courts in the matrimonial context is considered with a view to extracting relevant lessons. In general, rather defending one particular model for reform, the paper attempts to identify and explore key issues which will be of relevance across a variety of approaches to reform.
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    Reform of the law on the acquisition of easements and profits à prendre by prescription
    (Sweet & Maxwell/Round Hall, 2005-07) Mee, John
    Examines the recommendations in the Law Reform Commission Report on the Acquisition of Easements and Profits a Prendre by Prescription. Reviews the current law on common law prescription, the doctrine of lost modern grant and statutory prescription. Summarises the Law Reform Commission proposals, focusing on the rejection of the abolition of all forms of prescription and a proposed presumption of abandonment arising from a twelve year period of non user. Argues for the compulsory registration of any easement or profit established by prescription and for the extinguishment of an easement or profit acquired by prescription if it has not been used for 12 years unless the right has been registered as a burden on the servient land. Discusses transitional arrangements and notes similar issues arising in relation to easements created by implied grant or reservation.
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    Joint ownership, subjective intention and the common intention constructive trust
    (Sweet and Maxwell, 2007-01) Mee, John
    Suggests an interpretation of common intention constructive trusts over jointly owned property, where no express declaration of beneficial interest has been made, which permits better effect to be given to the true intentions of the parties. Explores the argument that a claim may be defeated if evidence is provided that the claimant's subjective intention was inconsistent with obtaining a greater share than indicated by the legal title. Examines case law, including Springette v Defoe and Stack v Dowden, which supports the present position, arguing that an appeal to the House of Lords in Stack should provide an opportunity for errors of principle to be corrected.