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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.
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