Partition The Partition Acts allowed courts to grant an order of partition or sale instead of partition. Historically, courts could not refuse partition or sale. Courts take different views on whether they must order partition or sale or whether they have jurisdiction or discretion to refuse either. The courts in Northern Ireland take the view […]
Covenants are obligations which attach to land. In the case of leases, all the covenants and conditions attached to the land are enforceable between the landlord and tenant. In purchases out of the freehold interest, certain types of covenants are deemed to survive and continue notwithstanding purchase out of the ground rent. See farm grants […]
Easements: An easement is a right enjoyed by one piece of land over another land. The most well-known categories of easements are rights of way, rights for the passage of services such as pipes, wires, or drains, and the right to use an area for recreational purposes. Categories of easements are ever-evolving and are not […]
Northern Ireland property law has the most in common with the pre-2009 property law of the Republic of Ireland. It appears likely that the Law Reform Commission of Northern Ireland’s proposal for the reform of land law will be implemented in the near future. The legislation is broadly similar to the 2009 legislation in the Republic […]
The rules on co-ownership in Northern Ireland are broadly similar to that in the Republic of Ireland. The principal types of co-ownership are joint tenancy and tenants in common. Joint tenants own land in undivided shares as a single unit. If one dies, the ownership passes automatically to the other. The share cannot be left […]
In 2010, the Northern Ireland Law Reform Commission published a major report on land law, including a Land Law and Ground Rents Reform Bill. This chapter deals with the Law Reform Commission proposals that are likely to become law. After the commencement of the legislation, the ownership of land will have an entirely different basis. The […]
The older methods requiring easements by prescription were proposed to be abolished. In the future, prescription must be based on the below-mentioned ground. Easements from the course of acquisition are preserved. Any easement is acquired automatically by the holder of the land benefit after 20 years in continuous enjoyment. The period need not necessarily be […]
There are provisions in relation to party structures. The NI Law Commission recommended the new statutory rights of adjoining owners in respect of party walls and structures. There is an entitlement on the landowner to carry out works that a party structure is subject to conditions and procedures set out. There are provisions for works required […]