Mahon & ors -v- Lawlor & anor [2010] IESC 58 (25 November 2010)

Mahon & ors -v- Lawlor & anor [2010] IESC 58 (25 November 2010)

The registration of a judgment mortgage against the interest of a joint tenant in registered land does not sever the joint tenancy, and if the joint tenancy remains unsevered at the death of the judgment debtor, the surviving joint tenant takes the land by right of survivorship free from the judgment mortgage, which is thereby extinguished.

Citation
[2010] IESC 58
Parties
Plaintiff/appellant: His Honour Judge Alan P. Mahon, Her Honour Mary Faherty and His Honour Judge Gerald B Keyes Members of the Tribunal of Inquiry into Certain Planning Matters and Payments; Defendant/respondent: Noel Lawlor administrator ad litem of the estate of Liam Lawlor deceased; Defendant/respondent: Hazel Lawlor
Jurisdiction
Ireland
Judgment Date
25 November 2010
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed.
Legal Topics
Joint Tenancy, Judgment Mortgages, Severance of Joint Tenancy, Survivorship, Registered Land, Enforcement of Judgments
Property Law Land Law Succession Law Joint Tenancy Judgment Mortgages Severance of Joint Tenancy Survivorship Registered Land +1 more

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Parties

His Honour Judge Alan P. Mahon, Her Honour Mary Faherty and His Honour Judge Gerald B Keyes Members of the Tribunal of Inquiry into Certain Planning Matters and Payments

Plaintiff/appellant

Noel Lawlor administrator ad litem of the estate of Liam Lawlor deceased

Defendant/respondent

Hazel Lawlor

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Does registration of a judgment mortgage against the interest of a joint tenant in registered land sever the joint tenancy?
  2. 2 Does a judgment mortgage continue to affect the lands after the death of a joint tenant whose interest was subject to the mortgage?

Ratio Decidendi

The registration of a judgment mortgage against the interest of a joint tenant in registered land does not sever the joint tenancy, and if the joint tenancy remains unsevered at the death of the judgment debtor, the surviving joint tenant takes the land by right of survivorship free from the judgment mortgage, which is thereby extinguished.

Court Disposition

Appeal dismissed; High Court order affirmed.

Orders

  • Appeal dismissed
  • Order of the High Court affirmed