Results 2,561-2,580 of 7,652 for speaker:Joanna Tuffy

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: Does the Attorney General propose to deal with this by way of legislation? Rather than putting it on the long finger, there was an opportunity with this legislation to deal with it fairly speedily. If it is not included in this legislation, will it be put on the long finger?

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I move amendment No. 6: In page 21, between lines 23 and 24, to insert the following: "(3) Subject to this Act a fee simple shall be freely alienable by the owner thereof.". On Committee Stage, the Minister said he would examine this amendment. While section 9(2) does not rule against inalienability, the rule itself is contained in an Act repealed by section 8(3), thus the rule is not stated...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I move amendment No. 9: In page 22, line 23, after "time" to insert "(whether specified or unspecified)". On Committee Stage, the Minister stated a tenancy at will is specifically excluded from the definition of tenancy in section 11(3) which we believe is not correct. Section 11(3) allows for a leasehold estate for an uncertain term which would seem to include a tenancy at will. In any...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: They are both related.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I move amendment No. 10: In page 24, between lines 15 and 16, to insert the following: "(4) Where on the commencement of this section, or on a person becoming entitled to a fee tail after such commencement, another person's estate or interest in land is extinguished by virtue of subsection (3), the second-mentioned person may apply to the court within 12 years of such extinguishment for an...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: At least the Minister has looked into this and I will accept his assurances on it.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: 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...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I thank the Minister for amendment No. 17. He deals with an issue I raised when I was a Senator when we were discussing this Bill. I also raised it on Committee Stage. I made the point that while various remedies were available to the building owner, if he or she did not put right the damage there was only a provision whereby the adjoining owner could get costs through the courts. He or...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: It is important that the issue I was raising to the effect that the adjoining owner should be able to look to the court for the building owner to undo the damage, has been dealt with by the Minister. I am happy enough with that, so I intend to withdraw amendment No. 18. Unless I am mistaken I do not believe the Minister has dealt with the issue raised by amendment No. 19 in his amendment,...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I accept what the Minister is saying and I withdraw amendment No. 19. On another point, there is still the issue of trying to get people to mediate such issues. The best place to deal with these issues is not necessarily in the courts. I hope that down the line, the Minister will look at the whole area of alternative dispute resolution for issues such as this.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I move amendment No. 20: In page 40, between lines 10 and 11, to insert the following: 48.—Where a person complains that trees or hedges grown or maintained by a neighbouring owner are of such a height as to constitute an unreasonable interference with any easement enjoyed by the complaining owner, or unreasonably interfere with light whether or not an easement exists in that regard, the...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: When this was brought forward in the UK it was added onto a Bill on anti-social behaviour. It is unfair to expect people to wade through tort law to solve this problem and consider taking an injunction. That is way above the capacities of most people; they just want to get on with living their lives. The UK solution was very simple. One can apply for an order, the judge can make a...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I am not sure it was criminal law because if it was anti-social behaviour-----

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: Here, as in the United Kingdom, anything to do with anti-social behaviour is covered by civil law. If someone did not comply with an order, it became a criminal offence, but the Minister for Justice, Equality and Law Reform dealt with it.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I am not necessarily suggesting it is anti-social behaviour although there is an element of that involved. The amendment mentions the height of trees in terms of their interference with easement, the enjoyment of property and interference with light. In that sense, it does fit into this legislation. However, Deputy Ahern is Minister for Justice, Equality and Law Reform and this relates to...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I will make a final point.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: Is the Minister speaking about me?

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: Chris Mullin, MP came up with a simple proposal to deal with a simple problem. However, it took him a few years to resolve. The Minister is displaying a type of bureaucratic and complicated attitude. This is not a planning issue. What we are speaking about is a dispute between neighbours who should be able to have the matter dealt with in court if necessary. It is a simple matter. I...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I received correspondence from the conveyancing committee of the Law Society which states it has a concern that no amendment was proposed to section 91 and that this section will not protect a borrower's family home or housing loan mortgage if in the form of an all sums due mortgage. They state how such a form of mortgage can be used as security for other borrowings from the lender,...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I have tabled an amendment that would have a similar effect. I raised this issue some years ago in the Seanad and again on Committee Stage of the Bill. I argued the point on Committee Stage and I am glad the Minister has accepted my point and has inserted an amendment to deal with the issue that I raise in amendment No. 26. This shows how helpful it is to debate amendments. We put down...