Maher v Dublin City Council (Approved) [2024] IESC 14 (11 April 2024)

Maher v Dublin City Council (Approved) [2024] IESC 14 (11 April 2024)

The statutory charge created by section 24 of the Derelict Sites Act 1990 does not displace the mortgagee's statutory power of sale under section 21 of the Conveyancing Act 1881. In the absence of clear legislative language to the contrary, a sale by a mortgagee exercising the statutory power of sale overreaches the derelict sites charge, and the purchaser takes free from the charge. The DSA does not impose liability for the levy on a mortgagee not in possession, nor does it provide for notice or representation for such mortgagees. The general words of section 24 DSA cannot override the specific overreaching power in section 21 of the 1881 Act.

Citation
[2024] IESC 14
Parties
Plaintiff/respondent: Michelle Maher; Defendant/appellant: Dublin City Council
Jurisdiction
Ireland
Judgment Date
11 April 2024
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed. High Court decision affirmed.
Legal Topics
Mortgagee's Power of Sale, Statutory Charges, Overreaching, Priority of Interests, Derelict Sites Levy
Property Law Statutory Interpretation Mortgagee's Power of Sale Statutory Charges Overreaching Priority of Interests Derelict Sites Levy

Case Brief

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Parties

Michelle Maher

Plaintiff/respondent

Dublin City Council

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether a sale by a mortgagee exercising statutory power of sale can overreach a statutory charge created by the Derelict Sites Act 1990, so that a purchaser takes free from the derelict sites charge.

Ratio Decidendi

The statutory charge created by section 24 of the Derelict Sites Act 1990 does not displace the mortgagee's statutory power of sale under section 21 of the Conveyancing Act 1881. In the absence of clear legislative language to the contrary, a sale by a mortgagee exercising the statutory power of sale overreaches the derelict sites charge, and the purchaser takes free from the charge. The DSA does not impose liability for the levy on a mortgagee not in possession, nor does it provide for notice or representation for such mortgagees. The general words of section 24 DSA cannot override the specific overreaching power in section 21 of the 1881 Act.

Court Disposition

Appeal dismissed. High Court decision affirmed.

Orders

  • Declaration that the purchaser holds the property free from the derelict sites charge.
  • Order for repayment to the respondent of €50,153.42 paid under protest to the Council.