Results 10,981-11,000 of 18,734 for speaker:Michael McDowell

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: This amendment would make explicit provision in subsection (3) that the court must have overall regard to the interest of the beneficiaries as whole, when dealing with disputes concerning the trustees' performance of their functions as trustees or the other operation of the trust. The amendment also makes it clear that the court is not required to have regard to the matters set out in...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: It is very interesting to listen to the two arguments, both of which are persuasive, in one sense. If one is to have a default or presumptive mode in the joint purchase of property, there will be consequences, no matter how one looks at it. As Senator Tuffy says, there are major advantages in a joint tenancy from the viewpoint of neatness. If a joint owner dies, the other joint owner could...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: I can reassure the House that when using Norman French legal terms one can pronounce them as if they were bog standard English words. Everybody can pronounce them in any way he or she wishes and knowing the French pronunciation is not necessary. I do not propose to accept the amendment tabled by Senator Cummins. Introducing the words suggested, "or otherwise", without any definition of what...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: This amendment is intended to improve the presentation of section 38 in dealing with the implied grants of easements and to clarify that the section does not affect easements of necessity or affect the doctrine of non-derogation of grant.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: These are purely drafting amendments to correct the indentations of the text in the Bill.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: The person who is not the building or moving party would not normally want to go to court because he or she need only object. I do not see why the right of initiative is being conferred on somebody who does not propose to carry out the building. One does not want to be in the position of discussing work with another who goes to court to stop one, when one did not have the right to do the...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: I appreciate the problem raised here. The cupressus leylandii used in suburbia can create mayhem for an adjoining owner. The law is unsatisfactory because one does not have the right to instruct another to keep a leylandii hedge to a reasonable height. I am sympathetic to the purpose of this amendment which is designed to give a real remedy to a person in that position. This, however, is...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: I will communicate with the Minister for the Environment, Heritage and Local Government on this issue. It deserves legislative treatment. I agree with Senator Tuffy that a quick and simple solution rather than a court case is desirable. One does not need solicitors and barristers arguing about the height of bushes in people's gardens if it can be avoided. I am not saying there is anything...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: I am glad to accept amendment No. 28 and the thrust of amendment No. 29. Will Senator Terry alter the wording of amendment No. 29 to substitute the words "as it appears to it to be just and equitable" and table it on Report Stage?

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: The Parliamentary Counsel informed me the wording would be better if it read, "On such an application the court may make such order, including an order as to costs, as it appears to it to be just equitable." I will get my officials to put it in written form and send it to the Senators.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: Section 3 of the Conveyancing Act 1881 provides, subject to certain exceptions, that a purchaser is precluded from acquiring productions of any title documents stated or made before the time prescribed by law or stipulated in the contract for the commencement of the title or from making requisitions, objections or inquiry as to such prior title. The Law Society of Ireland's standard contract...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: These are minor drafting amendments involving the substitution of "exists" for "subsists" and "existing" for "substituting". The purpose of these amendments is to simplify the text with the use of more modern and commonly used English.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: Subsection (3) is intended to remove the existing need in a voluntary conveyance to use the words "onto and to the use of the grantee" in order to avoid the creation of a resulting use in favour of the grantor. It is a convention of current law that one must convey land onto and to the use of the grantee; otherwise, the law presumes there is a resulting use, which is a similar concept to a...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: This is another tactical amendment which is designed to clarify the meaning of subsection (2)(b)(i)(III). The amendment makes it clear that the intention of the provision is to refer to a prior signature being acknowledged rather than to the deed itself being acknowledged.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: Section 62 is intended to modify substantially the formalities for the correct execution of deeds. Subsection (1) abolishes the need for a seal in the case of execution by an individual, but a seal will remain necessary for corporations. It also abolishes the rule that authority given to another person to deliver a deed must itself be given by deed. This has already been done in regard to...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: I do not know. I would say Senator Tuffy has seen the execution of many more documents than I have in my time because barristers rarely see them executed. I always thought witnessing a signature meant being physically present when the signature was carried out rather than coming in afterwards and somehow countersigning it at a later point. I may be wrong on that and I do not want to...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: I am not saying this to embarrass anybody but I would have thought that if one sent a deed to one's client at home, asked him or her to sign it, return it to one's office and one signed the witness part one's self, technically speaking, one has not witnessed the signature. As Senator Jim Walsh said, it is a shortcut and in certain circumstances, one could end up in the soup. I may be wrong...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: This amendment to section 93 makes it clear that this section, which lays down general principles governing the exercise of a mortgagee's statutory powers and rights, is intended to apply to both legal and equitable mortgages. Moreover, an issue was raised recently in connection with the notice period in section 93(1)(c). I may wish to introduce an amendment in that regard on Report Stage.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: I do not propose to accept the amendment because section 94(1) provides that a mortgagee shall not take possession of the mortgaged property without a court order, unless the consent of the mortgagor has been given. The amendment now seeks to impose a condition. Effectively, the consent would have to be given within the preceding year. This would mean the mortgagee — the building society...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: I will examine the matter between now and Report Stage. However, the Senator is really suggesting that if one did execute a consent, it must be renewed annually to have any real effect. I would be loath to agree to such a proposition without careful consideration. However, I will consider it between now and Report Stage.