Any Land Law aficionados here?

Dancing_Priest

Hey
Im writing a little essay on the development of trusts in Irish Land Law. Specifically regarding the divergence between the Irish and English approaches. Do any of ye know of any articles which would be in any way related?. Wylie, Lyle and Coughlan only go so far and I would like (Need!) something with a little more meat!

Cheers in advance...
D_P

hullaballoo

Try looking it up on Lexis Nexis. You should be able to access it from your college Athens account. If you're in UCD, I can tell you how.

Dancing_Priest

Cheers, but i've been through lexis and westlaw ie and there doesnt seem to be anything that strikes me as being helpful. Its quite a specific issue and I'm hoping someone, in doing something similar has stumbled across something relevent in the past. I'll be popping up to my lecturer later, but none the less would greatly appreciate any outside help.

johnnyskeleton

If your query is about trusts rather than land law:-

Hilary Delany - Equity and the Law of Trusts

I think Snell's Equity is the English equivalent.

If your query is pretty specific, it might be in a different book, e.g. there might be books on the history of the law of uses e.t.c.

Jo King

there are differences in approach to half secret trusts between the jurisdictions. also there are some tax differences.

walrusgumble

correct me if i am wrong, and if i am wrong please ignore my thread.

but i am sure you are aware of dennings new model constructive trust. well in england that was a bit of a revalation in the 1970's. eg hussey v palmer 1972. but many english and australian cases in the 1980's began to overrule dennings rule.

however, in ireland, there appears to be a few cases that are interested in dennings approach. eg kelly v cahill 1999.


check out the law reform commission's "Variation of Trusts, Report on the (LRC 63-2000) [2000] IELRC 5 (1st December, 2000)"

the two best irish books dealing with trusts in irish law is hillary delany (easy to read and understand) and justice ronan keane's book on "equity and the law of trusts in ireland" both will make references to john snell and point to other works. also go to the law sociey web.they have a link to most of the issues of their gazzete. there are a couple of articles on all issues relating to trusts/land law/probate

ruth cannon's conference paper of nov 2001 "The Individual and Public Accountability: the Constructive Trust imposed in A-G of Hong-Kong v Read [1994] 1 AC 324 and its relevance to the Irish political context" Irish Association of Law Teachers Mid-Year Conference, Blackhall Place, Ireland

albert keating, an expert in succession/probate; google him. eg there is an essay by a guy called michael byrne "constructive trust:too much discretion or not enough?" also in conveyance and property journal(2003) 8 CPLJ 9, Albert Keating's "A Proprietary Estoppel or in the Alternative a "New Model" Constructive Trust"

check out the law reform commissioner website for landlaw issues
its all property related issues.