Law and Conveyance Law of Ireland
In the December 1918 election, the republican party Sinn
Féin won a landslide victory in Ireland. On 21 January 1919 they formed a breakaway government (Dáil Éireann) and
declared independence from Britain.
The Free State came to an end with the coming into force
of the new constitution on 29 December 1937, which with the Republic of Ireland Act 1948 officially became the
Republic of Ireland.
The '800 years' of English rule in Ireland nominally
began in 1169, when an army of English barons (actually Cambro-Norman, being a mix of Welsh and Norman nobles)
landed in Wexford and quickly captured the two Hiberno-Viking ports of Wexford and Waterford.
The history of Ireland 800–1169 covers the period in the
history of Ireland from the first Viking raids to the Norman invasion. ... Viking ports were established at Dublin,
Wexford, Waterford, Cork and Limerick, which became the first large towns in Ireland.
History of Ireland (1801–1923) Ireland was part of the
United Kingdom of Great Britain and Ireland from 1801 to 1922. For almost all of this period, the island was
governed by the UK Parliament in London through its Dublin Castle administration in Ireland.
As a republic, the Irish Constitution precludes the
state from conferring titles of nobility, and prevents citizens from accepting titles of nobility or honour –
except with the prior approval of the government. While some representatives of clans and familities had
obtained "courtesy recognition" as Chiefs of the Name from the Chief Herald of Ireland, this practice was
discontinued by 2003 – with the Attorney General noting that such recognitions were unconstitutional and without
basis in law. Certain titles are however sometimes used by some people in the Republic of
Ireland, and titles are still used and awarded in Northern Ireland – which is part of the United
Kingdom of Great Britain and Northern Ireland.
The act abolishing feudal tenure in England was passed
in 1660, and two years later an almost identical act was passed in Ireland. ... This act in effect abolished
feudalism in Ireland, aside from some largely theoretical residues (see the full text of the Tenures Abolition Act
1662, courtesy of Derek Howard).
Following a report by the Law Reform Commission, the
system of feudal tenure as such, in so far as it had survived, was abolished by the Oireachtas in the Land and
Conveyancing Law Reform Act (no. 27 of 2009); fee tail was also abolished . However, estates and interests in
land, including incorporeal hereditaments, continue. Formerly registered or proven feudal titles with a solid root
of title, and the submerged feudal titles of surviving Irish or British peers are not affected, and continue to
exist as personal rights, now held in gross. However, the obsolete or unregistered feudal titles, and those that
lapsed into desuetude after 1662, when the Irish Parliament passed the Abolition of Tenures Act, no longer exist as
incorporeal hereditaments, nor as personal rights, and cannot be revived.
“LAND AND CONVEYANCING LAW REFORM ACT 2009” was intended
to try and abololish feudal titles but nobody is sure if the law was written correctly.
Section 9, subsection (4) states: “A fee simple remains
freely alienable”. Fee Simple ownership does NOT mean that you own your property. It does mean that you have “an
interest” in the property
The Irish Law does not abolish any Customary Right or
franchise jurisdictions. Scholars say that Baronies are franchise jurisdictions.
Heritable Jurisdictions. The basic heritable
jurisdiction was the barony, which was universal. Towns could be burghs of barony under a feudal superior. Though
there was an appeal from the barony to the royal sheriff court, this was not true of baronies in the regalities.
These units, some as small as a town, some like Argyll 500 square miles in extent, were autonomous jurisdictions
with their own supreme courts. High treason alone justified royal intervention. heritable jurisdictions The Oxford
Companion to British History © The Oxford Companion to British History 2002, originally published by Oxford
University Press 2002. "heritable jurisdictions." The Oxford Companion to British History. .
Retrieved December 05, 2018 from
 With the title “Modernising
Irish Land Law and Conveyancing Law”, the ...... which involves neither
feudal tenure nor the relationship of landlord and
66 N. Ir. Legal Q. 243 (2015) -
A Defence of Estates and Feudal Tenure https://heinonline.org/HOL/LandingPage?handle=hein.journals/nilq66&div=20&id=
In the 13th Century in England the barons ceased
to be peers, unless so created, but in Scotland, up to the year 1587,—in which year, various acts, drawn up by Lord
Menmuir [see article BALCARREs, ante, p. 199] were passed for regulating the form and order of parliament and the
vote of the barons,—the title of baron was common to all the landed proprietors or lairds, holding their lands
directly of the Crown.
The feudal system was introduced into England by the
Norman Conquest. Its pressure on the common people was aggravated by the completeness of the subjection of the
Saxon race. All the land was held by feudal tenure, and there was no allodium. The few Saxons who were permitted to
retain their lands were brought under the feudal system; and the thanes were reduced to the condition of franklins,
or simple freeholders. The Normans, who held most of the manors from the king, were called tenants-in-chief (in
capite); and they were bound to knight service—that is, to maintain in the field, for forty days at a time, a
certain force of their subtenants. This service extended to religious foundations and monasteries. Exclusive of
these, 1400 tenants-in-chief and about 8000 mesne lords (holding fiefs not directly from the crown) are enumerated
in Domesday Book.