The Law Society Library's trending legal queries series brings together legislation, leading cases, and other useful resources on elected areas of law. Three topics are currently available, with a new topic published each month.

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Legislation

• Registration of Title Act 1964, s 69(1)(q).
• Registration of Title Act 1964, s 81.

Case law

• Reidy v The Governor and Company of the Bank of Ireland [2023] IECA 212.
• Bank of Ireland v O'Donnell [2016] IECA 227, [2016] 2 ILRM 441.
• Tynan v County Registrar for the County of Kilkenny and Start Mortgages Ltd. [2011] IEHC 250.
• Johnston v Horace [1993] IEHC 3, [1993] ILRM 594.
• National Bank v Keegan [1931] IR 344.

Books

• ‘Section 4.8: Rights of Residence’ in Gabriel Brennan et al., Landlord and Tenant Law (8th edn, Oxford University Press 2023)
• ‘Chapter 18: Licences, Estoppel and Constructive Trusts: Rights of Residence’ in Andrew Lyall, Lyall on Land Law (5th edn, Thomson Reuters Round Hall 2023) *available as an eBook from the library via ProView
• ‘Chapter 22: Licences and Similar Interests; Rights of Residence’ in J.C.W. Wylie, Irish Land Law (6th edn, Bloomsbury Professional 2020)
• ‘Chapter 19: Rights of Residence’ in Albert Power, Intangible Property Rights in Ireland (2nd edn, Tottel 2008)

Journal articles

• Ruth Cannon, ‘Life estates, leases for lives and rights of residence after the Land and Conveyancing Law Reform Act 2009’ (2015) 20(4) Conveyancing and Property Law Journal 91-95.
• Graeme Watt ‘Irish rights of residence: the anatomy of a phantom’ (2020) 71(4) Northern Ireland Legal Quarterly 635-650.

Precedents

• Land Registry voluntary transfer retaining right of residence (para 8.5.10 in the Law Society’s Conveyancing manual)
• Miscellaneous will clauses - 24.5: Right of residence (Laffoy’s Irish Conveyancing Precedents)
• Devise of dwelling house subject to an exclusive general right of residence (maintenance and support) (Spierin on Wills: Irish Precedents and Drafting)
• Devise of dwelling house with a right of residence limited to particular rooms in the dwelling house (Spierin on Wills: Irish Precedents and Drafting)
• Devise of lands of testator (registered or unregistered) with a general exclusive right of residence in the dwelling house on the lands (Spierin on Wills: Irish Precedents and Drafting)
• Will conferring right of residence, maintenance and support on sister of testator with entire estate being left to a niece of the testator, with gift over to charity if niece predeceases the deceased (Spierin on Wills: Irish Precedents and Drafting)
• Devise of specific real estate to testator’s daughter subject to a right of residence for life to testator’s sister (para 3-06 in Keating on Probate)
• Devise of house and farm to testator’s son subject to a right of residence for life to daughter (para 3-07 in Keating on Probate)

Tailte Éireann

• Land Registry Practice Direction – Burdens: Cancellation of Burdens (27 November 2009, updated 20 February 2015)
• Land Registry Form 30 – Transfer of freehold property by a registered owner creating rights in favour of himself/herself and others