Reidy v The Governor and Company of Bank of Ireland (Approved) [2023] IECA 212 (08 August 2023)

Reidy v The Governor and Company of Bank of Ireland (Approved) [2023] IECA 212 (08 August 2023)

The Court of Appeal held that the burden registered in favour of the widow, as worded and in light of the will, is confined to the dwelling house and does not extend over the entire folio. The monetary judgment obtained by the widow for unpaid maintenance and support does not attach to or form part of the registered burden so as to rank in priority to the Bank's charge. The Bank is entitled to rectification of the register to confine the burden to the dwelling house. The widow's claim to priority over the Bank's charge for the judgment sum fails.

Citation
[2023] IECA 212
Parties
Plaintiff/appellant: Gerard Reidy (Next Friend of Eithne Ryan); Defendant/respondent; Counterclaimant: The Governor and Company of the Bank of Ireland; First Defendant to Counterclaim: Eithne Ryan; Second Defendant to Counterclaim: Bryan Ryan
Jurisdiction
Ireland
Judgment Date
08 August 2023
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed; High Court orders affirmed
Legal Topics
Priority of Charges, Right of Residence, Maintenance and Support, Rectification of Register, Conclusive Nature of Land Register, Estoppel, Interpretation of Wills
Property Law Succession Law Banking Law Priority of Charges Right of Residence Maintenance and Support Rectification of Register Conclusive Nature of Land Register +2 more

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Parties

Gerard Reidy (Next Friend of Eithne Ryan)

Plaintiff/appellant

The Governor and Company of the Bank of Ireland

Defendant/respondent; Counterclaimant

Eithne Ryan

First Defendant to Counterclaim

Bryan Ryan

Second Defendant to Counterclaim

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the widow's right of residence, maintenance and support registered as a burden on the folio extends over the entire folio or is limited to the dwelling house only
  2. 2 Whether the monetary judgment obtained by the widow for unpaid maintenance and support attaches to the burden and ranks in priority to the Bank's charge
  3. 3 Whether the Bank is entitled to rectification of the register to confine the widow's burden to the dwelling house

Ratio Decidendi

The Court of Appeal held that the burden registered in favour of the widow, as worded and in light of the will, is confined to the dwelling house and does not extend over the entire folio. The monetary judgment obtained by the widow for unpaid maintenance and support does not attach to or form part of the registered burden so as to rank in priority to the Bank's charge. The Bank is entitled to rectification of the register to confine the burden to the dwelling house. The widow's claim to priority over the Bank's charge for the judgment sum fails.

Court Disposition

Appeal dismissed; High Court orders affirmed

Orders

  • Declaration that the widow's judgment does not attach to or form part of the burden for maintenance and support registered at entry number 4 in Part 3 of the Folio
  • Declaration that the burden binds only that part of the Folio comprising the dwelling house