The Land And Conveyancing Law Reform Acts Annotations And Commentary

Irelandâ??s Land and Conveyancing Law Reform Act 2009 heralds a revolution in Irish land law and the conveyancing system it underpins. It gets rid of the ancient feudal concepts and other archaic principles which survived the establishment of the state. Many aspects of the law are reformed and modernized and over 150 pre-1922 statutes are repealed. In some respects, the Act introduces changes more comprehensive than any made elsewhere in the common law world. The book contains text explaining the background to the substantial changes to Irish land law and conveyancing implemented by the 2009 Act. It includes introductory notes to each Part of the Act and it contains detailed commentary on every section, with annotation explaining the purpose and meaning of each provision

The Land and Conveyancing Law Reform Acts: Annotations and Commentary remains the indispensable guide to the key legislation governing Irish property law, written by the leading authority in this area of law. J C W Wylie is the author of the leading texts on Irish property law, including Irish Land Law, Irish Conveyancing Law and Irish Landlord and Tenant Law (all published by Bloomsbury Professional). This title sets out the 2009 and 2013 Acts alongside commentary that fully explains the background to the substantial changes to land law and conveyancing implemented by those Acts. This second edition incorporates the amendments to the 2009 Act brought in by the Land and Conveyancing Law Reform Act 2013, the Irish Bank Resolution Corporation Act 2013 and other related legislation. It also discusses the impact on the practice of property law of landmark cases such as Start Mortgages. The second edition sets out each provision of the legislation, fully consolidated, followed by insightful commentary explaining the purpose and meaning of each provision. It also includes updated introductory notes to each Part of the 2009 Act. This book is will be highly informative and useful for people working in a range of areas, including solicitors, barristers, judges, property professionals, as well as people working in the Property Services Regulatory Authority, the Property Registration Authority, and banks.

Irish Landlord and Tenant Acts: Annotations, Commentary and Precedents, a companion to Professor JCW Wylie's flagship commentary Landlord and Tenant Law, provides heavily annotated and consolidated legislation and precedents. The title consists of two sections with the first detailing the annotated and consolidated legislation. The second section contains precedents that cover such areas as agreements for leases, leases and tenancy agreements, renunciations, licenses and caretaker agreements.

Bohan and McCarthy: Capital Acquisitions Tax is recognised by tax practitioners as the leading authority on the law of capital acquisitions tax in Ireland. It guides the practitioner through the financial processes required to navigate when handling transactions with a capital acquisition tax aspect.The fourth edition includes:1. Changes to CAT Consolidation Act 2003 and the Taxes Consolidation Act 1997 introduced in five Finance Acts (2009 to 2013 inclusive).2. Relevant Irish and other case law since 2008.3. Analysis of and reference to updated Revenue commentary and precedents since 2008.4. Updated worked computations and examples where necessary in the context of any changes in CAT law.Table of contents:Chapter 1 IntroductionChapter 2 DefinitionsChapter 3 TerritorialityChapter 4 Gift Tax, Inheritance Tax and PropertyChapter 5 Taxable ValueChapter 6 ValuationChapter 7 Valuation DateChapter 8 ReliefsChapter 9 Agricultural PropertyChapter 10 Business ReliefChapter 11 ExemptionsChapter 12 Computation of CATChapter 13 Double Taxation ReliefChapter 14 Co-ownershipChapter 15 Partnerships and Lloyd's UnderwritersChapter 16 SettlementsChapter 17 Discretionary TrustsChapter 18 InsuranceChapter 19 Anti-avoidanceChapter 20 Returns and AssessmentsChapter 21 Revenue Powers and AppealsChapter 22 Payment of Tax and Interest on TaxChapter 23 MiscellaneousAppendicesAppendix A: Probate TaxAppendix B: Agricultural Relief prior to 22 January 1997Appendix C: Statement of Practice SP-CAT1-04Previous print edition ISBN: 9781847662439

The edition has been substantially re-structured, with much re-writing, to reflect major changes in law and practice since the last edition. There has been much revision of the text to reflect changes in practice resulting from the pre-contract deduction and investigation of title system introduced by the Law Society's Conditions of Sale 2019 Edition and Requisitions on Title (2019 Edition). The book explains the changes resulting from key legislation like the Land and Conveyancing Law Reform Act 2009 and Property Services (Regulation ) Act 2011. The book further incorporates the substantial case law since the last edition in which the text is frequently cited as authoritative.

With 2000+ pages of guidance, this important new textbook provides an extensive and in-depth guide to the current labyrinthine regulatory regime relating to consumer and SME credit (by way of cash loans) and protection generally, including the Consumer Protection Code, the Consumer Credit Act (housing loans and non-housing loans), the EU Consumer Credit Regulations, the EU Mortgage Credit Regulations and the Central Bank Housing Loan Regulations. Other lending-related conduct of business requirements are also covered in detail, including the Code of Conduct on Mortgage Arrears, the Lending to SME Regulations, the Code on Related Parties Lending and the Credit Reporting Act, together with applicable EBA/ECB Guidelines dealing with loan origination, product oversight and governance, non-performing exposures/loans and arrears. The regulated activities triggering authorisation as a retail credit firm or credit servicing firm are also addressed in detail. The book additionally extends beyond lending to have application to the wider business of regulated firms in the financial services arena, dealing in detail with issues including the general principles and requirements of the Consumer Protection Code,the fitness and probity regime including the area of minimum competency, distance marketing requirements and other background to the regulatory regime in Ireland including the increased regulatory focus on the culture of regulated firms and product oversight and governance. The available redress/recourse mechanisms are also covered, including the Financial Services and Pensions Ombudsman, the Credit Review Office, the regulatory and other consequences of breach of applicable requirements and the significant risk management area for regulated firms of their customers' statutory right to redress on breach of financial services legislation. In addition, the book has relevance to professionals dealing with consumers in any contractual context including extensive treatment of how the concept of 'consumer' has developed under common law, the unfair commercial practices regime and the increasingly topical area of unfair contract terms legislation. Relevant case law of the Irish courts and other common law jurisdictions, together with an expanding corpus of decisions from the CJEU, are addressed in detail. This book's practical style is designed to assist bankers, other regulated firms, lawyers, compliance professionals and regulators in the application of a complex area. Rather than simply setting out the separate requirements, the book seeks to navigate the at times contradictory legislative and regulatory strands to give (in so far as is possible) a coherent sense of how they integrate. Much of the content is unique and cannot be found in any other publication. An essential addition to the library of every lender, practitioner and compliance and regulatory risk professional, particularly in the areas of consumer and SME credit.

Shortlisted for DSBA Law Book of the Year Award 2020 For practising solicitors and barristers working in the banking and financial services sector, this popular book will enable them to advise their clients with absolute confidence. Immensely practical, Banking and Security Law in Ireland provides a detailed treatment of the ever-increasing exceptions in Ireland to the banker's duty of secrecy, liability for payment or non-payment of cheques, recent case law on payments and tracing, as well as accounts. The coverage includes a thorough treatment of facility letters, guarantees, pledges, mortgages and charges over land, chattels (including agricultural equipment), debts, deposits and shares. EURO: 195

Written with both legal students and practitioners in mind, this highly specialist book is widely recognised as the definitive guide to Irish land law. Comprehensive and clear, this title not only covers the subject of Irish land law with depth and detail, it also offers invaluable information on equity, trusts and succession. It is regularly cited as authoritative by Irish judges at the highest level. Irish Land Law joins with John Wylie's other extensive work in conveyancing law and landlord and tenant law to cement Wylie's place as one the most esteemed authors in Irish property law. His other titles include Landlord and Tenant Law and Irish Conveyancing Law. Includes the following developments in case law: · Enforcement of mortgage debts and security for loans, including the impact of the Central Bank and Consumer Protection Codes and personal insolvency legislation. · Rules governing appointment of receivers and their duties and powers, including appointment of court receivers by way of equitable execution. · Operation of NAMA, its duties and powers. · Acquisition of public rights of way and of easements by prescription. · Enforcement of judgment mortgages and vacation of lites pendentes. · Adverse possession. · Nature of a licence coupled with an interest and right of residence. · Rules governing validity and construction of wills · Court powers to remove personal representatives and claims against a deceased person's estate. In addition, the new edition incorporates reference to new legislation, such as the Residential Tenancies (Amendment) Acts 2015, 2016 and 2019; Personal Insolvency (Amendment) Act 2015 and Land and Conveyancing Law Reform Act 2019. This title will naturally be of great use to solicitors, barristers, students of land law and government departments. However, it will also be of interest to property consultants, real estate agents and financial institutions.

This book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on 'Property in the Information Age', a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.