Judgment mortgages, co-ownership and registered land
Loading...
Files
Accepted Version
Date
1999-01
Authors
Mee, John
Journal Title
Journal ISSN
Volume Title
Publisher
Sweet & Maxwell/Round Hall
Published Version
Abstract
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.
Description
Keywords
Co-ownership , Ireland , Judgment debts , Registered land , Sale of land
Citation
Mee, J. (1999) 'Judgment mortgages, co-ownership and registered land', Conveyancing and Property Law Journal, 4, pp. 28-32.
Link to publisher’s version
Collections
Copyright
© 1999, Round Hall and the contributor. This is a pre-copyedited, author-produced version of an article accepted for publication in Conveyancing and Property Law Journal following peer review. The definitive published version [Mee, J. (1999) 'Judgment mortgages, co-ownership and registered land', Conveyancing and Property Law Journal, 4, pp. 28-32] is available online on Westlaw IE.