Charles Flanagan (Laois-Offaly, Fine Gael)

In essence the Bill reduces the number of estates or varying degrees of ownership to two. This will provide a more definite and certain concept of land ownership. The two basic types of ownership will remain freehold or fee simple interest and estate with absolute freehold interest with or without encumbrances, and leasehold, a type of tenancy with covenants and conditions restricting absolute freedom to enjoy the benefit of ownership. There will be no more fee farm rents or fee farm grants, no more lease for lives renewable forever and other lesser known but very complex degrees of ownership.

The process of change and simplification will reduce some of the mystique attaching to title and ownership. This will make matters clearer for the consumer and save money as the time involved in the conveyancing transaction will be considerably less. Only a few years ago we were told that three solicitors were necessary to complete an independent house transaction, one for the vendor, one for the purchaser and one for the financial institution. We were told, similarly to what we were told in regard to bus conductors, that the system would not work without the three lawyers and the three sets of fees. Some years later we record very few difficulties, with the purchaser's lawyer certifying title to the financial institution and undertaking to register the bank's interest on a marketable and unencumbered title. The problems have been far fewer than was envisaged by Members of this House to some extent but more particularly by members of the legal profession.

The Bill deals with so many different areas of land law that it represents a comprehensive review of the law concerning property in Ireland. I welcome particularly the proposed changes in the area of ownership in Part 2 of the Bill. Extraordinarily, until the passing of this Bill, at least in theory, Irish people will not own their own property in absolute terms. Despite the fact that we now hand over remarkable prices for houses and lands, when we buy a house we technically still owe fealty to the Crown for the ownership of that property. Essentially there currently exists no such thing as absolute ownership of land or property in this State. This Bill will finally redress that situation. The State will finally now be enshrined as the alternative to the British Crown in such matters.

Section 9 of the Bill, which will abolish feudal tenure, is long overdue and of some significance. There is perhaps room in the aftermath of the commencement of this Act for a further review of the terminology used in legal matters in general but specifically, as far as property is concerned, even now in this reforming legislation, Part 7 deals with appurtenant rights and profits À prendre, terms that are a far cry from the language we would like to see in this area with a view to demystifying land law for lay people. Similarly it is fair to say that a non-lawyer reading section 63 on escrows by corporate bodies might become a little confused.

The question of co-ownership was addressed by the Minister and the chapters dealing with it are interesting. They bring about some welcome changes that will have a positive, practical effect. At present, the distinction between joint tenancy and tenancy in common gives rise to confusion on the part of property owners. The right of survivorship, which is fundamental to the joint tenancy, while the next of kin and the relatives of tenants in common have inherent rights vested in them——

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