Dáil debates

Wednesday, 17 November 2021

Land and Conveyancing Law Reform Bill 2021 [Seanad]: Second Stage

 

4:02 pm

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent) | Oireachtas source

I warmly welcome the Bill. It is certainly an issue that I and other people have campaigned long and hard for. For example, many solicitors in County Kerry contacted me. Their offices were closed because of the pandemic, which was necessary for the protection of people's health, but when they and their staff came back to work, they were up against it with their workload. They also had the impending deadline of 30 November by which they were being requested by their customers to register these rights of way. I very much welcome the fact that the Bill will remove this deadline and allow for a simpler system to be used. That is most important.

The problem the Bill tries to fix is when buying or selling land property, important to know the rights of way or easements attached to the land and property, and who, other than the owner, can access the land or property. The Law Society pointed out that a typical semi-detached house in the suburbs of a city or town would have a number of the deemed easements or right of support, often an easement, for the use of a combined sewer, combined surface water and drain, a right to light, a right to easement for overhanging gutters, etc. It also noted that easements in rural areas cause problems, for example, where there are too many owners who would be required to join in a deed of grant of the easement. It is not unusual to have up to eight or nine owners of part of an access road. The Property Registration Authority also had issues.

The major issue the Bill aims to fix is that the transition period in which the registering of easements, without the need to go to court, which was due to end on 30 November, is to be taken away, and that is warmly welcomed. I know solicitors and their clients welcome it. The one thing that we all want, when a person is buying or selling or wants to rectify their properties when they are making wills and dealing with their personal affairs, is for the whole system to be streamlined, easy and user-friendly. Most importantly, we want it to be cost-effective. We do not want people to have to incur large bills. Our solicitors in County Kerry, for example, and in the rest of the country are busy enough. They are not looking for work. They are looking to create an account for a person dealing with the registration of their properties or their rights of way.

Everybody welcomes this Bill. It avoids adversarial situations in which people have to go to court where there may be a dispute or a problem, or any type of ill will in dealing with a situation. It would be great if we can streamline it and have it workman-like and cost-effective. For these reasons, I welcome this Bill.

If Deputy Mattie McGrath was here, he would warmly welcome this Bill.

Like me and others in our group, he has continually said that the deadline should be extended.

When talking about Deputy Mattie McGrath here this evening, it is only right and proper to wish him well in his recovery. We all look forward to the day when he will again be in his seat here, from which he has served with distinction for many years. He has always been diligent on behalf of the people. When a person is ill and in a bit of difficulty, we all want to stand shoulder to shoulder with him or her. We are all thinking of Deputy Mattie McGrath this evening and every evening he is not here. We look forward to him being back in the driving seat very soon.

This Bill is very much to be welcomed. There was a problem, it was identified and the Government listened. As the Minister knows, I will attack when needed but I will thank, compliment and say "well done" when something is done well. In this case, I say "well done" to the Minister, to her Department and to the people who saw the sense in bringing forward this Bill to rectify an issue about which we were all worried and concerned. It is very easy to attack but it is also very easy to thank the Minister very much for what she is doing. I have already welcomed her back to her position privately but I now do so publicly.

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