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 under s. 24(1) of the Derelict Sites Act 1990 does not survive the exercise of a prior mortgagee's power of sale under s. 21(1) of the Conveyancing Act 1881; the charge is overreached and does not bind the purchaser from the mortgagee, as the legislation does not expressly displace the general law of priorities or provide procedural rights to prior encumbrancers.

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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Michelle Maher

Plaintiff/respondent

Dublin City Council

Defendant/appellant

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether a statutory charge under s. 24(1) of the Derelict Sites Act 1990 survives a sale by a prior mortgagee under s. 21(1) of the Conveyancing Act 1881
  2. 2 Whether the statutory charge can be overreached by the exercise of a mortgagee's power of sale

Ratio Decidendi

The statutory charge under s. 24(1) of the Derelict Sites Act 1990 does not survive the exercise of a prior mortgagee's power of sale under s. 21(1) of the Conveyancing Act 1881; the charge is overreached and does not bind the purchaser from the mortgagee, as the legislation does not expressly displace the general law of priorities or provide procedural rights to prior encumbrancers.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; statutory charge does not bind purchaser from mortgagee exercising power of sale.