Rights of residence

Legislation
- Registration of Title Act 1964, s 69(1)(q).
- Registration of Title Act 1964, s 81.
Case law
- Reidy v The Governor and Company of the Bank of Ireland [2023] IECA 212.
- Bank of Ireland v O'Donnell [2016] IECA 227, [2016] 2 ILRM 441.
- Tynan v County Registrar for the County of Kilkenny and Start Mortgages Ltd. [2011] IEHC 250.
- Johnston v Horace [1993] IEHC 3, [1993] ILRM 594.
- National Bank v Keegan [1931] IR 344.
Books
- ‘Section 4.8: Rights of Residence’ in Gabriel Brennan et al., Landlord and Tenant Law (8th edn, Oxford University Press 2023)
- ‘Chapter 18: Licences, Estoppel and Constructive Trusts: Rights of Residence’ in Andrew Lyall, Lyall on Land Law (5th edn, Thomson Reuters Round Hall 2023) *available as an eBook from the library via ProView
- ‘Chapter 22: Licences and Similar Interests; Rights of Residence’ in J.C.W. Wylie, Irish Land Law (6th edn, Bloomsbury Professional 2020)
- ‘Chapter 19: Rights of Residence’ in Albert Power, Intangible Property Rights in Ireland (2nd edn, Tottel 2008)
Journal articles
- Ruth Cannon, ‘Life estates, leases for lives and rights of residence after the Land and Conveyancing Law Reform Act 2009’ (2015) 20(4) Conveyancing and Property Law Journal 91-95.
- Graeme Watt ‘Irish rights of residence: the anatomy of a phantom’ (2020) 71(4) Northern Ireland Legal Quarterly 635-650.
Precedents
- Land Registry voluntary transfer retaining right of residence (para 8.5.10 in the Law Society’s Conveyancing manual)
- Miscellaneous will clauses - 24.5: Right of residence (Laffoy’s Irish Conveyancing Precedents)
- Devise of dwelling house subject to an exclusive general right of residence (maintenance and support) (Spierin on Wills: Irish Precedents and Drafting)
- Devise of dwelling house with a right of residence limited to particular rooms in the dwelling house (Spierin on Wills: Irish Precedents and Drafting)
- Devise of lands of testator (registered or unregistered) with a general exclusive right of residence in the dwelling house on the lands (Spierin on Wills: Irish Precedents and Drafting)
- Will conferring right of residence, maintenance and support on sister of testator with entire estate being left to a niece of the testator, with gift over to charity if niece predeceases the deceased (Spierin on Wills: Irish Precedents and Drafting)
- Devise of specific real estate to testator’s daughter subject to a right of residence for life to testator’s sister (para 3-06 in Keating on Probate)
- Devise of house and farm to testator’s son subject to a right of residence for life to daughter (para 3-07 in Keating on Probate)
Tailte Éireann
- Land Registry Practice Direction – Burdens: Cancellation of Burdens (27 November 2009, updated 20 February 2015)
- Land Registry Form 30 – Transfer of freehold property by a registered owner creating rights in favour of himself/herself and others
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