Dáil debates

Wednesday, 1 July 2009

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages

 

5:00 pm

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)

I move amendment No. 11:

In page 24, line 36, to delete "is void both at law and in equity" and substitute the following:

"shall be deemed to be a grant of a lease for an uncertain period liable to termination by reasonable notice by either party, for the purposes of section 11(3) (c)".

The Bill prohibits leases for lives but by stating they are void, it gives them no effect whatsoever. This is not in line with the manner in which, for example, fees tail are created, whereby the purported grant of a fee tail operates as a grant of a fee simple. A purported lease for lives should operate as an indefinite lease terminable at will.

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