The Gazette 1976

GAZETTE

January-February 1976

seen eye to eye with their English brethren on certain aspects of this doctrine. It is a pity that the author did not give more extensive treatment to the important Irish case of Re Browne (1944) l.R. 90. The book is divided into eleven parts and is over nine hundred pages in length. The book has a wider scope than the title might suggest and it covers the following as traditionally defined by law school curricula in Ireland: Legal History, Real Property, Equity, Trusts, Succession, Statutory Land Law, and Conveyancing and Registration of Title. This book will prove useful to a law student throughout his University career and, therefore, a first year student cannot afford to be with- out his own copy. An added attraction is that the book will be kept up to date by regular Supplements. Part 1 is an extensive introduction to the history of Irish Land Law a knowledge of which is so essential for the student and practitioner alike. The first ninety pages should be read by a student of Irish Legal His- tory before attempting Simpson's An Introduction to the History of Land Law (1961). Part II examines the fee simple, fee tail, life estate, future interests, easements and profits. Co-ownership forms the subject-matter of Part HI. Part IV covers settlements, trusts and powers and includes treatment of the Trustee Act 1893. Part V relates to mortgages. First, the author gives a historical background. Next, he discusses the two main aspects to be considered with respect to a mortgage — the financial aspect and the conveyancing aspect. The former is of more concern to the client but by tradition it is the latter which is of primary concern to the lawyer, yet in recent years it would seem that solicitors have become prepared to give their clients advice on financial matters. Appropriately, therefore, the author examines building society mort- gages and the mortgage created by deposit of title deeds. The author also compares briefly with mortgages the following similar concepts: Lien, Pledge, Charge, Judgement-Mortgage, Welsh Mortgage. Part VI deals with Succession and includes chapters on Wills, Intestacies and Administration of Estates. It should be noted that there has been a seventh edition of Bailey, Law of Wills since 1973 although the author merely cites the sixth edition (page 659). Also, it is unfortunate that the author makes no reference to Mr. McGuire's excellent commentary on The Succession Act 1965 published by the Incorporated Law Society of Ireland. In Ireland, Parts IX and X of the Suc- cession Act 1965 restrict a testator's power to dispose of his property as he pleases. The provisions which curtail a testator's testamentary freedom (i.e. legal right of surviving spouse; provision for children; unworthiness to succeed; disinheritance) are dealt with in turn. Recent Irish case law in this area is referred to including the interesting case of In b.G.M. (1972) 106 I.L.T.R. 82 where it was held that the question of whether a moral duty to make provision for a child exists must be judged according to the facts existing at the date of the testator's death. There is also a clear explanation of the subject of commorientes i.e. where two or more people die to- gether. Section 5 of the Succession Act 1965 confirms the Common Law presumption of simultaneous death in cases of uncertainty of survivorship. In the absence of proof of survivorship, none of the persons involved in a disaster can have a claim under the estate of other persons involved in the same disaster. The complex history and the present law of suc- cession to property on intestacy is outlined in chapter 15. The subject of intestate succession has been rationalised by the Succession Act 1965 which makes detailed provisions for distribution of the intestate's

estate. The author's treatment of administration of estates in Chapter 16 will appeal to the student rather than the practitioner. It is a pity that the learned author has decided to confine his discussion of the important subject of land- lord and tenant law to two chapters. In the preface, he gives as his reason that this topic has been the subject of numerous books even down to comparatively modern times and he refers to Deale's Law of Landlord and Tenant in the Republic of Ireland as an example. Deale's recent work was published in 1968 but it is not suitable for law students as it is intended primarily for practitioners. It is hoped that Mr. Wylie will give a much fuller treatment to landlord and tenant law in subsequent editions of this book. Chapter 17 centres around the Landlord and Tenant Law Amendment Act, Ireland, 1860 (Deasy's Act) which is the basis of Irish landlord and tenant law. In Chapter 18 the author summarises the legislation dealing with statutory control of tenancies in divergent operation in both parts of Ireland. Part VIII deals with Restrictive Covenants, Licences and similar interests. Estoppel is considered and there is a full discussion of the Irish case of Cullen v. Cullen (1962) I.R. 268. Reference is also made to the recent Irish case of Revenue Commissioners v. Moroney 1972 I.R. 372. Part IX deals with Registration of Title (Chapter 21) and Registration of Deeds (Chapter 22). The author carefully disttinguishes between these two systems of registration. The Registration of Deeds system was introduced in 1707 and the Registration of Title system only came into force in 1865. Careful study of these two chapters by students will yield greater dividends, at first, than an attempt to grapple with McAllister's recent work on Registration of Title in Ireland (1973) and Madden's leading work on Registration of Deeds, Conveyances and Judgement Mortgages (2nd ed. 1901). Part X deals with extinguishment of interests. Chapter 23 covers the controversial doctrine of "adverse possession". The modern doctrine of adverse possession finds expression in this country in the Statute of Limitations 1957 as applied to land. The recent unreported Supreme Court decision of Perry v. Woodfarm Homes Ltd. (1974) (Walsh and Griffin JJ., Henchy J. dissenting) is fully discussed. Chapter 24 deals briefly with Merger. In Part XI the author considers the various persons who are subject to disabilities under law in relation to land. In his discussion of married women it is surpris- ing that the author in a foot-note of further reading on this matter (page 876) does not refer to Mr. Gavan Duffy's useful booklet on The Married Women's Status Act, 1957, published by the Society. Although his work is a statement of the law as it is rather than it ought to be the learned author makes reference throughout to the Survey of the Land Law of Northern Ireland (1971) (of which he was a co-author) and he states that many of the recommendations for reform contained in the Survey are equally applicable in the Republic of Ireland. Mr. Wylie's book should undoubtedly be the basis of a discussion of the neces- sary reform of land law in the Republic of Ireland by the Law Reform Commission. This refreshing look at the land law of Ireland will be welcomed by students who will find this difficult subject made more interesting due to the abundance of Irish case law referred to in the text and easier to understand because of the his- torical summaries which appear throught the text. The book will also be widely read by practising lawyers in Ireland. This may lead to the more frequent citation of Irish authorities in Court. 19