Roadstone Dublin Ltd. v. McDonnell & Ors [2003] IEHC 76 (6 November 2003)

Roadstone Dublin Ltd. v. McDonnell & Ors [2003] IEHC 76 (6 November 2003)

The deed of 5 August 1977 excepted and reserved the minerals to the plaintiff, but the option to repurchase the land to extract minerals is void for infringing the rule against perpetuities. The exception of minerals remains valid even if the right to extract is void.

Citation
[2003] IEHC 76
Parties
Plaintiff: Roadstone Dublin Limited; First Defendant: William McDonnell; Second Defendant: Thomas McDonnell; Third Defendant: G. Corrigan; Fourth Defendant: City West Quarries Limited
Jurisdiction
Ireland
Judgment Date
06 November 2003
Procedural Posture
Plenary Summons / Determination of Preliminary Issue on Deed Validity
Outcome
Preliminary issues determined in favour of the plaintiff on exception of minerals; option to repurchase void for perpetuities; third issue does not arise.
Legal Topics
Mineral Rights, Rule Against Perpetuities, Option to Repurchase, Deed Construction, Trespass to Goods, Conversion
Property Law Equity Mineral Rights Rule Against Perpetuities Option to Repurchase Deed Construction Trespass to Goods Conversion

Case Brief

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Parties

Roadstone Dublin Limited

Plaintiff

William McDonnell

First Defendant

Thomas McDonnell

Second Defendant

G. Corrigan

Third Defendant

City West Quarries Limited

Fourth Defendant

Procedural Posture

Plenary Summons / Determination of Preliminary Issue on Deed Validity

Legal Issues

  1. 1 Whether the deed of 5 August 1977 excepted or reserved minerals to the plaintiff
  2. 2 Whether the deed created an option or future interest void for infringing the rule against perpetuities
  3. 3 Whether any future interest created by the deed is void for uncertainty

Ratio Decidendi

The deed of 5 August 1977 excepted and reserved the minerals to the plaintiff, but the option to repurchase the land to extract minerals is void for infringing the rule against perpetuities. The exception of minerals remains valid even if the right to extract is void.

Court Disposition

Preliminary issues determined in favour of the plaintiff on exception of minerals; option to repurchase void for perpetuities; third issue does not arise.