Mortgages, repeals and the Land and Conveyancing Law Reform Act 2009
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Accepted version
Date
2010
Authors
Mee, John
Journal Title
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Publisher
Sweet & Maxwell/Round Hall
Published Version
Abstract
Examines a gap in the regulation of mortgages in Ireland following the repeal by the Land and Conveyancing Reform Act 2009 of provisions of the Conveyancing Acts 1881 and 1911, governing a power of sale and the appointment of a receiver, and of the Registration of Title Act 1964 s.62(7), governing a registered charge holder's right to apply for a possession order. Notes that the provisions of the 2009 Act which replaced the repealed provisions apply only to mortgages created after the 2009 Act came into force. Suggests a possible solution.
Legislation Cited: Land and Conveyancing Law Reform Act 2009 (Ireland); Interpretation Act 2005 (Ireland); Registration of Title Act 1964 s.62(7) (Ireland); Conveyancing Act 1911 s.3, s.4, s.5 (Ireland); Conveyancing Act 1881 s.18, s.19, s.20, s.21, s.22, s.23, s.24 (Ireland)
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Keywords
Conveyancing , Ireland , Mortgages , Possession orders , Power of sale , Powers of appointment , Repeals , Real property
Citation
Mee, J. (2010) 'Mortgages, Repeals and the Land and Conveyancing Law Reform Act 2009', Commercial Law Practitioner 2010, 17(6), pp. 114-116.
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Copyright
© 2010. This is a pre-copyedited, author-produced version of an article accepted for publication in Commercial Law Practitioner following peer review. The definitive published version, Commercial Law Practitioner 2010, 17(6), 114-116, is available online on Westlaw IE.