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About Ireland - Property

Property is one of the most complex areas of law. Some of it is rooted in ancient laws – but case law is constantly changing. The stakes are high, but research time is in short supply. Lexis+ Ireland - Property brings all of the different sources you need together so you can find the answers you need, fast.
We offer comprehensive guidance on property transfers in Ireland, along with a growing collection of precedents, practice notes, and checklists for all aspects of commercial leasing, from inception to termination.

Transferring property

Practice notes and precedents cover the execution, conveyance and assignment of deeds and transfers of land.

Investigating title

Our practical guidance on matters such as certificates of title in commercial transactions is supported by precedent due diligence reports and reports on title.

International guidance

International Q&A guides provide jurisdiction specific information and overviews on Real Estate and Construction.

Property management

Our practical information on property management includes guidance on matters such as lease variations, consent applications and ancillary licences.

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Associated legal terms

Contract

A contract is a legally binding promise (oral or in writing) by one person to fulfil an obligation to another person in return for consideration. A binding contract comprises four elements: offer, acceptance, consideration and intention to create legal relations.

Enhanced Transfer Value

Exercises have been carried out to persuade members and former members to take their accrued rights away somewhere else. There are advantages in administrative savings for pension funds – but the cost in advisory fees (each member should really receive individual financial advice) and cash incentives may be too high.

Ostensible authority

Ostensible authority (apparent authority, often called agency by estoppel) describes when a principal is bound by an agent’s acts, despite the agent lacking actual authority, because the principal’s words or conduct amount to a representation that the agent is authorised and a third party reasonably relies on it.

In England & Wales and Northern Ireland, this common law doctrine (e.g., Freeman & Lockyer v Buckhurst Park; Armagas v Mundogas) requires: (1) a representation by the principal, which may arise from “holding out”, including appointing the agent to a role or title; (2) reliance by the third party acting in good faith; and (3) a transaction of a kind usually within the authority of someone in that position. An agent’s own assertion of authority is insufficient unless the principal has held them out as able to make such statements.

Scots law uses the closely aligned concept of apparent authority, grounded in personal bar, with substantially similar effect. Irish law applies the same principles; the Companies Act 2014 provides additional protection for persons dealing with companies in good faith.

In company law, section 40 Companies Act 2006 similarly protects third parties and complements, rather than replaces, ostensible authority. Knowledge of the lack of authority or unreasonable reliance defeats the claim; revocation requires notice.
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