Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I might come in here as well, although not on the legal requirements of a CPO clearly, but rather the terms of the partnership. My view is there is every likelihood that if we initiated a CPO, never mind what happens in court, at least one of the parties involved would say "We are no longer interested in this, this is clearly no longer a partnership". In my non-legal world, I can imagine two people living relatively close together where one has a big old garden. The other person might suggest selling his or her house if the person gives him or her a quarter of the big garden. They would be close neighbours and get on very well so would it not work? The other neighbour might agree and find it interesting but suggest giving a quarter of the garden for the next 300 years for free. He or she might say, "Let's do this, it is exciting". The other party may disagree and look to bring the person to the courts, trying to get the garden from him or her, and then believe they will live together in harmony in the two buildings and remain great friends. The other party would clearly say "Thanks very much but no" to the offer. It would not sound very much like a partnership but a very difficult way for them to be great friends.

The CPO approach is fraught with risk and, critically, the specific risk of years of extension. It is also entirely likely it would simply be never put to the test because the concept of the partnership could dissolve.