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High Court, in proceedings relating to the right of residence, maintenance and support of the plaintiff, finds that: (1) the right of the plaintiff to reside at the dwelling house and be suitably supported and maintained therein during her life takes priority in respect of any burdens registered thereafter; (2) the judgement sum from previous proceedings is not in any sense a monetised burden; and (3) the burden binds the dwelling house only, and the bank therefore succeeds in its counterclaim.
Right of residence, maintenance and support - salient background facts - right of election – relevant land – deed of assent cannot be found – burdens – previous proceedings – judgment in the sum of €779,225.10 - no steps have been taken subsequently to enforce the judgment - person of unsound mind not so found - defence and counterclaim - right of residence may be registered as a burden – extent of the burden – expert evidence of solicitors - rights of residence - entitlement to have the rights converted into money – quantum - seeking to add on monetary sum to the burden registered in plaintiff’s favour - no submission was advanced as to the status of such a monetarised burden upon the plaintiff’s death - bank considers that rectification of the register is required - right of the plaintiff to reside at the dwelling house and be suitably supported and maintained therein during her life, takes priority in respect of any burdens registered thereafter – judgement sum from previous proceedings is not in any sense a monetised burden – enforcement for the plaintiff – priority date from registration - bank is not entitled to bring or seek a construction suit - burden that binds the dwelling house only.
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