Candidates should have a sound knowledge and understanding of the body of law embraced
by the syllabus including the changes introduced by the Land and Conveyancing Law Reform
Acts 2009-2019 (hereinafter ‘the LCLRA’). Candidates will be expected to apply their
knowledge to given fact situations, citing appropriate cases and statutes.

1. The nature of Land Law and its historical background.
2. Finding and Relativity of Title. Determining ownership of objects found on land, including treasure trove. Webb v. Ireland [1988] IR 353. Archaeological objects and the National Monuments Acts.
3. The Doctrine of Estates. Freehold Estates, Leasehold Estates and Hybrid Interests. Reversions and Remainders. The Impact of the LCLRA upon Estates.
4. The Influence of Equity. The Concept of the Use. The Statute of Uses (Ireland), 1634. Repeal of the statute by the LCLRA. The Concept of Equitable Interests and Estates.
5. Co-ownership - Joint Tenancy and Tenancy in Common. Creation. The Four Unities of a Joint Tenancy. Survivorship. Severance of a Joint Tenancy in Law and Equity. Ending of Co-ownership (partition and sale, union in sole tenant).
6. Adverse Possession. The Policy Basis. The Statute of Limitations 1957 and Requirements of Adverse Possession. Limitation Periods. The Effect on Title and the Concept of Parliamentary Conveyance. Meaning of Possession and Animus Possidendi. The Statute of Limitations. Retention for Future Use. Adverse Possession
   of Leasehold Property. Reform.
7. Licences and Proprietary Estoppel. The Concept of a Licence. Bare Licences. Licence coupled with an Interest. Contractual Licences. Proprietary Estoppel. Requirements and Recent Developments. Third Parties. Rights of Residence, their Nature and Effect.
8. Mortgages.
   1. Similar Interests: Pledges and Liens. Judgment Mortgages; Nature and Effects, Registration and Enforcement under the LCLRA 2009; Priority and Enforcement; Impact of Co-ownership on Enforcement; Limitation Periods for Enforcement.
   2. Creation of Mortgages. Impact of the LCLRA 2009 upon the Creation of Mortgages. Distinction between Legal and Equitable Mortgages, and between Mortgages created by Deed and Mortgages not created by Deed. Distinction between Mortgages created prior to the 1st December 2009 and those created
      after this Date. Registration and Priority.
   3. Mortgagor’s Rights; Redemption (no ‘Clogs or Fetters’, Unconscionable Bargains, Collateral Advantages, Penalties, Options), Possession, Actions, Sale. Consolidation. Marshalling. Leasing Powers. 
   4. Mortgagee’s Powers: Restrictions on Powers under LCLRA; ‘Housing Loan’ Mortgages under the LCLRA; Possession, Sale, the Appointment of a Receiver.
9. Settlements of Land. Origins and Purpose. The Settled Land Act 1882-1890. The Definition of Settled Land. Powers and duties of the Tenant for Life. Trustees of the Settlement. Overreaching Effect of Sale. Trusts for Sale.
10. Family Property. Trusts of the Family Home. Direct and Indirect Contributions. The Presumption of Advancement. Family, Matrimonial and Co-owned Property. The Family Home Protection Act, 1976. The Meaning of Conveyance, the Family Home and Consent. The Family Law Act, 1995 and the Family Law (Divorce) Act, 1996. Property Adjustment Orders. Impact of Divorce and Family Breakdown. Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. Future Interests- Reversion and Remainders, Executory interests, the Rule against Perpetuities.
11. Landlord and Tenant.
    
    1. Nature of relationship. Creation and termination. Deasy’s Act. Formalities and the rule in Walsh v. Lonsdale. Assignment and subletting. Agreements and covenants.
    2. Ending the Relationship of Landlord and Tenant; the Forfeiture Procedure; Notice to Quit, Expiry, Surrender.
    3. Residential Tenancies: Residential Tenancies Act 2004, as amended (RTA 2004) and the Role and Function of the Private Residential Tenancies Board. Implied Covenants in the RTA 2004. The meaning and significance of a ‘Part 4’ Tenancy under the RTA 2004. Means of Terminating a Tenancy under the RTA 2004.
    4. Statutory control and Enlargement of Tenancies; Business Tenancies. Rights under the Landlord and Tenant (Amendment) Act 1980 (‘the 1980 Act’). Definition of ‘Tenement’ in the 1980 Act. Right to a New Tenancy. Disentitlement. Compensation for Improvements and Disturbance. Ground Rents Legislation;
       Right to Acquire the Fee Simple; Right to a Reversionary Lease. Rent Control Legislation and the Constitution. Reform.
12. Registered and Unregistered Land. Registered Land and the Registration of Title Act, 1964; Voluntary and Compulsory Registration. Classes of Title. Conclusiveness of Register. Overriding interests. Unregistered Land; The Registration of Deeds (Ireland) Act, 1707. The Registry of Deeds and Documents Registrable. Searches. Priorities. The Doctrine of Notice. Effect of the Bona Fide Purchaser Defence.
13. Incorporeal Hereditaments. Easements and Profits a Prendre. Nature and Essential Features of Easements and Profits. Acquisition. Impact of the LCLRA upon the Law relating to Acquiring Easements. Acquisition by Implication and Prescription. Party Structures under the LCLRA. Extinguishment. Freehold Covenants; The Position at Common Law and in Equity. Impact of LCLRA. Discharge and Modification under LCLRA.
14. Succession Law. The Succession Act, 1965. Wills - requirements for a valid will. Operation of wills. Construction of wills. Testamentary freedom. Non-Testamentary Succession (Donatio Mortis Causa, Proprietary Estoppel). Disinheritance. Intestacy. Reform.

LEGISLATIVE SOURCES
Candidates may bring unmarked copies of the following into the examination.
Succession Act 1965
Land and Conveyancing Law Reform Act 2009

RECOMMENDED READING
Any one of the following:
Lyall, Land Law in Ireland, 4th Edition, (2018) Round Hall/Thomson-Reuters.
De Londras, Principles of Irish Property Law, 2nd Edition (2011) Clarus Press.

SUPPLEMENTAL READING
Maddox, The Land and Conveyancing Law Reform Acts: A Commentary, 2nd Edition, (2021) Roundhall-Thomson Reuters.
Wylie, The Land and Conveyancing Law Reform Acts: Annotations and Commentary, 2nd Edition, (2017) Bloomsbury.
Maddox and Adinan, Irish Land Law: A Casebook (2020) Roundhall-Thomson Reuters.
Wylie, Irish Land Law, 6th Edition, (2020), Bloomsbury.
Cassidy and Ring, Landlord and Tenant Law: The Residential Sector 2nd Edition, (2020) Roundhall-Thomson Reuters.
Wylie, Landlord and Tenant Law, 3rd Edition, (2014) Bloomsbury.
Conway, Co-ownership of Land: Partition Actions and Remedies, 2nd Edition, (2012) Bloomsbury.
Canny, Limitation of Actions, 2nd Edition, (2016) Roundhall-Thomson Reuters.
Maddox, Mortgages: Law and Practice 2nd Edition, (2017) Roundhall-Thomson Reuters.
Keating on Probate, 6th Edition, (2019) Round Hall/Sweet and Fitzgerald, Land Registry Practice, 2nd Edition, (1995) Roundhall-Thomson Reuters.
Power, Intangible Property Rights in Ireland, 2nd Edition, (2008) Bloomsbury.
Bland, Law of Easements and Profits a Prendre, 3rd Edition, (2015) Round Hall/ThomsonReuters.