The modern order for possession issued by the courts is a combination of the remedies formerly issued by the courts of law and the courts of equity. The court of laws remedy, directed the sheriff to recover possession. The courts of equity order was directed against person in possession. The High Court and Circuit Court rules make provision for the making of an order for possession.<\/p>\n
Where a person is directed to deliver up lands, he must first serve the judgment or order. A party who wishes to enforce the judgment may file an affidavit, to the effect of the original order has not been obeyed and he may obtain an execution order on foot thereof. In the Circuit Court, the execution order is issued by the County Registrar on evidence of service of order and disobedience.<\/p>\n
The execution order for possession is addressed to Sheriff or County Registrar. It directs and authorises him to enter the property for the purpose of taking possession of the same. Where an order of recovery of land also includes an order for rent, they may be executed together or separately.<\/p>\n
Where the ejectment s based on non-payment of rent there is a provision in the rules or payment or tendering of the amounts due plus costs in which event the sheriff shall stay execution. If it is refused, the money may be lodged in court and an application may be made to stay the proceeding.<\/p>\n
Upon any judgement or order for the recovery of any land and mesne profits, arrears of rent, double rent, damages, or costs, there may be either one order or separate orders of execution for the recovery of possession and for the mesne profits, arrears of rent, double rent, damages or costs at the election of the successful party.<\/p>\n
Delivery of Goods<\/p>\n
The court may on the application of a claimant who enforces an order for recovery of goods, order the execution of the delivery of the goods with an option for retention of the property upon payment of value. An order for a delivery of a specific item will only usually be made where it is unique and cannot be compensated by damages, Ordinary goods which are bought and sold in the course of business generally are replaceable. Damages will be sufficient compensation.<\/p>\n
The court has discretion to specifically require the delivery of goods.\u00a0Where an order has been made requiring delivery of goods an execution order may be applied for by way one-sided application if the order is not complied with.<\/p>\n
Where an order is issued the claimant is entitled to make good loss for dependent\\’s assets without the usual necessity for obtaining an execution order against the goods.<\/p>\n
Where an order is made for delivery of the goods, execution may be made against all of the defendant\\’s assets within the jurisdiction of the sheriff or county registrar, if the same are not delivered by the defendant. The claimant may opt to have the goods assed as above.<\/p>\n
Where it is sought to enforce a judgement or order for the recovery of any property other than land or money by order of delivery, the Court may, upon the application of the plaintiff, order that execution shall issue for the delivery of the property, without giving the defendant the option of retaining the property, upon paying the value assessed, if any, and that if the property cannot be found, and unless the Court shall otherwise order, the sheriff shall distrain the defendant by all his lands and chattels, in the sheriff\\’s bailiwick, till the defendant deliver the property; or at the option of the plaintiff, that the sheriff cause to be made of the defendant\\’s goods the assessed value, if any, of the property.<\/p>\n
There are almost redundant provisions applicable to the recovery of lands held under certain agricultural tenancies. They do not apply to most modern agricultural leases granted after 1984.<\/p>\n
<\/p>\n\n
Order for Possession The modern order for possession issued by the courts is a combination of the remedies formerly issued by the courts of law and the courts of equity. The court of laws remedy, directed the sheriff to recover possession. The courts of equity order was directed against person in possession. The High Court […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[326],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21365"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=21365"}],"version-history":[{"count":1,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21365\/revisions"}],"predecessor-version":[{"id":21417,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21365\/revisions\/21417"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=21365"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=21365"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=21365"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}