Publications

A core aspect of any deed of conveyance is the description of the property. Most conveyances usually identify the relevant property by means of a written description of the site and an accompanying site plan.

Re Ray Church [2010] IEHC 113 concerned a 400 year lease granted over certain properties in Dublin in 1878. Difficulties arose as the description of the property as set out in writing in the conveyance contradicted the accompanying site map. This problem remained undetected until 2007 when it was discovered during a title examination.

Laffoy J decided that this contradiction resulted from errors on the site plan. Accepting the “totally convincing” evidence of the applicant’s architect, the judge noted that “basic geometry dictates that the measurements shown [on the plan]are a mathematical impossibility”. Laffoy J adopted a two step process to remedy the defect in title caused by the errors on the site plan.

First, she held that where a lessor intended to demise property to a lessee, but had failed to do so due to an error in the site map, then the lessor would be deemed to be a trustee of those unconveyed lands, for the benefit of the lessee.

Second, she noted that Section 26 of the Trustee Act, 1893 enabled the Court to vest land in any person if the trustee entitled to the land “cannot be found”. As the successors to the lessor could not be identified in this case, Laffoy J used Section 26 to directly vest the trust property in the lessees, removing any uncertainty as to title caused by the faulty map.

The judge is a leading expert in property law. The solution using trust law and Section 26 provides a practical outcome to what otherwise could have been an intractable problem, although adverse possession might have assisted.

Attribute to Kevin Hoy, Partner, Mason Hayes & Curran.

Kevin is head of Mason Hayes & Curran's real estate department.  For more information, please contact Kevin at khoy@mhc.ie or + 353 1 614 5000.  The content of this article is provided for information purposes only and does not constitute legal or other advice.  Mason Hayes & Curran (www.mhc.ie) is a leading business law firm with offices in Dublin, London and New York. 

© Copyright Mason Hayes & Curran 2010. All rights reserved.