Charles Flanagan (Laois-Offaly, Fine Gael)

We mentioned the changes in the law relating to co-ownership. Section 28 of the Bill will give the right to sever the joint tenancy in favour of a tenancy in common, with the result that right of survivorship may no longer operate on the demise of the joint tenant, provided that all the persons entitled to the joint tenancy down the line would be adequately notified. Notice and knowledge would be essential.

The amendment and repeal of aspects of the Partition Acts of 1868 and 1872 are welcome because the uncertainty and confusion that surrounds the current interpretation of these Acts can cause difficulties. There will now be a wider discretion vested in the courts to interpret the law and apply modern conditions and everyday eventualities to the concept of ownership.

Part 7 deals with easements and profits, in the main the right to light and support, rights of way, profits À prendre and the right to extract sand or stone, or cut turf. This can be extremely complex, as can be seen in the Midlands Circuit Court, where legal battles arguing the right to cut turf were taking place long before special areas of conservation or national heritage areas led to disputes over the turbary rights having less significance than heretofore. The extinguishment of such rights after 12 years of non-use is welcome as it will relieve the Circuit Court of the difficult task of interpreting rights between vexed and unloving neighbours, most of whom are members of the farming community. This will introduce an element of certainty.

The area dealing with party walls, boundary fences and, specifically, the enforceability of freehold covenants is important. There was great confusion given that negative covenants were only enforceable under law. The change, which is long overdue, going back to the Tulk v. Moxhay decision, will be enshrined in law at last so the positive and negative covenants will now both operate to the benefit or detriment of the land or the piece of paper governing it.

During the debate on the Registration of Deeds and Title Bill, we raised the issue of land registration and introduced amendments on Committee Stage to encourage movement towards the eventual registration of all lands in this country. This is the most important goal of all and with the enactment of this Bill, the Minister might consider focusing his attention on it. He mentioned that the system has now been extended to three more counties but there is a long way to go to ensure this long overdue measure of ownership can be taken into consideration in a consumer-friendly way.

I welcome the abolition of the creation of rent charges. The Bill clearly states that extant rent charges will now have the status of simple contract debts only. Section 47 of the Bill represents an important change. Similarly, in light of recent examples of fraud and questionable practices, the new protections for purchasers as laid down in section 57 are significant.

The Minister explained adverse possession and squatters' rights in another forum and they have been left out of the Bill pending a challenge in the European court. Notwithstanding this, the Minister should undertake a reform of the area now we have gone so far. The contractual position relating to the conduct of public auctions awaits new legislation and a regulatory framework to cover auctioneers. Will the Minister update us on the steps being taken towards regulating estate agents?

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