Law of Property

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Law of Property

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Table of Contents
Introduction................................................................................................................................3
Freehold estate and leasehold estate..........................................................................................3
Conditions affecting parental duties...........................................................................................3
Conditions resulting in spousal separation.................................................................................4
Conditions on restraint of marriage............................................................................................4
Land and Conveyancing Law Reform Act.................................................................................4
Hybrid Estates............................................................................................................................5
Name and Arms Clause..............................................................................................................5
Conditions resulting in animosity..............................................................................................6
Public Interest.............................................................................................................................7
Conclusion..................................................................................................................................7
Reference List............................................................................................................................9

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Introduction
In land law, conditions form the essence of contracts as far as sale and purchase of property is
concerned. The conditions are to be drafted in the interest of fairness to be prevailed amongst
the parties to the contract. If the contract is to be valid, it must be enforceable by a court of
competent jurisdiction established by law. The conditions in a contract mainly act as
restrictions and barriers as far as the performance of acts and omissions are concerned. The
main objective of the essay is to present an overview of three classes of conditions
subsequent which can be declared as void by a court as far as the jurisdiction pertaining to
English common law is concerned. The relevant case laws along with the legislations,
statutes and enactments if any would also be taken into account for the purpose of
comprehending upon the three classes of conditions subsequent. The aspect of conveyancing
would also be dealt with in the essay as far as transfer of the title of immovable property is
concerned with respect to the preparation of the appropriate documents. Finally, an
appropriate conclusion would be provided thereby presenting a summary of the whole
discourse.
Freehold estate and leasehold estate
A freehold estate is a property in which the person in possession of the property can enjoy the
entitlements for an indefinite period of time. The conditions in this regard can be placed in a
fee simple defeasible estate. Such conditions subsequent imply when an event occurs
contrary to the property deed, the entitlements would be transferred back to the person
granting the freehold1. However, such conditions may be held void by the court. A leasehold
estate is a property in which the person in possession of the property can enjoy the
entitlements only for a certain timeframe unless specified by lease for lives whic has been
abolished by the Land and Conveyancing Law Reform Act of 2009 in Ireland. As a result, the
conditions in this aspect can be held void by the court.
Conditions affecting parental duties
If a condition subsequent is imposed in a deed of conveyance with reference to the transfer of
the title of the property which involves the child being separated from the care of the parents,
such conditions are liable to be held void by the court. Such an aspect is applicable even
when the parents are divorced or judicially separated. It implies that forfeiture of property by
children without any valid reason with reference to condition subsequent are also liable to be
held void by the respective court of competent jurisdiction. Such conditions subsequent
generally interfere with the welfare of the child. In the case of Dodd v. Piper, the court held
that any condition subsequent which implies that a child should not reside with his father is
void as it cases a huge detriment with reference to the welfare of the child2. It has hitherto
been one of the landmark cases relating to void conditions. The judgment further implies that
1 Rachael Walsh and Lorna Fox O’Mahony 2018
2 Dodd v Piper [1946] 2 All ER 503.