Mr. Herbert is a farmer and is the owner of lands comprising of 124 acres in County Offaly-The family home of the farmer is situated on these lands: Law, Case Study, Ireland

Learners are required to read the following case study carefully.

Mr. Herbert is a farmer and is the owner of lands comprising of 124 acres in County Offaly. The family home of the farmer is situated on these lands. Both himself, and his wife resided in this house. She was a ‘non-owning’ spouse’. (Within the meaning of the Family Home Protection Act 1976).

Mr. Herbert had been a customer of AIB and had raised finance using his property as security for these loans. The farmhouse in which they had lived was also included in the security pledged against the loans. As part of this process, Mrs. Herbert had visited the bank with her husband and gave the written consent which was required under the Act. As a result of arrears on the loan, the Bank sought to enforce the security over the loan through the courts. The bank was unsuccessful in their action due to the fact that the potential consequences of giving consent were not properly explained to Mrs. Herbert.

(Please note the above case study is based upon the case of Bank of Ireland v Smyth (1995).

• Explain in detail why the issue of whether or not a property is a family home is an important consideration when undertaking a conveyancing process. Refer to the above case and legislation where applicable. ** Use harvard style references. Please no AI used , as it will show up on the devices.