Unlock Ireland’s Land Law with Comprehensive & Clear Notes!

Introducing Ireland Land Law Foundational Concepts Notes—an essential resource for anyone looking to master Irish property law with clarity and depth. These notes comprehensively cover critical areas, unravels core concepts of property rights and distinctions between real vs. personal property, and explores both tangible and intangible rights that define ownership and control under Irish law also foundational articles that discusses various property rights' protections within both Irish constitutional and ECHR frameworks that safeguard property rights. With sections on crucial legislative references such as the Land and Conveyancing Law Reform Act 2009, these notes clarify complex principles, like the impact of feudalism, equitable rights, estates, and tenancy classifications.

Key highlights include:

• Detailed Explanations on Constitutional Protections: Insightful discussions on Articles 43 and 40.3 of the Irish Constitution, safeguarding private property rights, along with essential European Human Rights protections.

• Property as a Bundle of Rights: Property law revolves around the concept that ownership grants certain rights, such as the ability to control, transfer, or exclude others from the property. These rights must conform to general law.

• Legal and Equitable Rights: Different individuals may hold distinct legal and equitable interests in the same property. The solicitor’s role in property transactions involves confirming that the vendor has a valid title and identifying any other interests in the property.

• Real vs. Personal Property: The distinction lies in freehold rights (real property) relating to land and permanent structures, while leasehold rights (classified as “chattels real”) are considered personal property.

• Human Rights and Private Property: The Irish Constitution provides a double guarantee for private property, with both positive and negative rights. In contrast, international protections like the ECHR offer broader, albeit limited, safeguards for possessions.

• ECHR and Property Rights: Article 1 of Protocol 1 of the ECHR provides three rules for property rights—peaceful enjoyment, protection against deprivation, and state control in the general interest. However, it imposes no positive obligation for states to ensure property acquisition, as seen in cases like JA Pye v. United Kingdom.

• Moral Limits on Property: Property law respects moral considerations, as seen in prohibitions on treating human bodies as property. Limited quasi-property rights apply in certain contexts, such as prior to burial.

• Relevant Case Law: Key cases like Hendrich v France and JA Pye (Oxford) Ltd v United Kingdom are covered, illustrating how international and domestic rulings impact Irish property law.

These notes also feature practical insights on the solicitor’s role in verifying property title and the complexities of legal and equitable rights over the same land. Structured, concise, and thorough, they provide everything needed for a deep understanding of Ireland's Land Law. Get ready to ace your exams and elevate your legal expertise!