Results 11,261-11,280 of 18,734 for speaker:Michael McDowell

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: Section 10 contains provisions relating to the concept of an estate in land and section 9(3) makes a reference to that concept as set out in section 10. I cannot see any reason to substitute the word "under" for "in" as proposed in the amendment.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: I do not believe this is necessary but I will consider the point between now and the debate in the other House. If I change my mind I will deal with the matter in that House, if that satisfies the Senator.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: I agree with Senator Tuffy on the matter of a fee simple being unencumbered. I will draw her remarks to the attention of my colleague, the Minister for the Environment, Heritage and Local Government, Deputy Roche, because the issue should be considered in a housing or local government Act. I am loath to accept the amendment in the context of this legislation. It is also a policy area where...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: I thank Senator Tuffy for raising the issue on which I am in a position to report progress. Since the matter was last debated in the House, I have had an interesting meeting with Ann Fitzgerald, the chair of the National Consumer Agency, at which we discussed management charges. As the Senator noted, this is a complex area because it relates to apartment blocks. In some cases, it involves...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: Section 11(4) contains a list of legal interests in land that can be created or disposed of but it does not include fee farm rents. Section 12(5) contains a saver for legal fee farm rents existing on the day on which this part of the Act is commenced. The Parliamentary Counsel has advise that the reference in section 12(5) to section 11(4) is technically correct and I do not therefore...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: It has been the case since the 19th century that entails can be barred without compensation. I do not want to dispute the constitutionality or otherwise of a section with a learned academic but one of the aims of the Constitution is that property rights should be exercisable and regulated in accordance with the common good. Entails are not generally synonymous with the common good. They are...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: Following Committee Stage, all provisions in the Bill related to court proceedings were examined in light of the Committee Stage amendment tabled by Senator Cummins. Arising from the examination I have tabled amendments Nos. 15 and 20, which provide that in dealing with applications under section 18(6) and section 29, the court may make such orders as appear to it be just and equitable in...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: I always remember, while studying property law in King's Inns, trying to memorise the distinguishing features between a tenancy in common and a joint tenancy. It occurs to me out of the blue after 35 years that there was an acronym to remind me of the distinguishing characteristics of joint tenancy, PITT. It stood for possession, interest, time and tenure. I knew going into the examination...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: Yes. The intention behind Senator Cummins's amendment No. 16 is to require co-owners to take deliberate steps to create a joint tenancy, if that is their collective wish. Otherwise, a tenancy in common would be the default position. What we are discussing is really a choice of default positions. Senator Cummins will have read the debate on the previous Stage where I indicated I would...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: I am grateful to Senator Tuffy and if the argument is made again in the Dáil, I will summon her in aid on this matter. Senator Walsh suggested we should change the title to clarify the meaning of each term. That is tempting on one level, but there is a volume of existing case law, law books, legal dictionaries etc., all of which deal with joint tenancy. If we came up with different labels,...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: As I explained on Committee Stage, I do not propose to accept this amendment. Introducing the words "or otherwise" without any definition of what "otherwise" might mean could render the section vague and uncertain. The provisions in section 33 which replaced the provisions of the Prescription Acts 1832 and 1858 are based on detailed Law Reform Commission recommendations set out in its...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: These are minor drafting amendments and I commend them to the House.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: Although one can call it the building owner or use the phrase, "builder", we are dealing with one neighbour and another neighbour. One neighbour wants something to happen and is the active neighbour. We do not see any reason a passive neighbour would want to go to court if the active neighbour who wanted to do something did not want to go to court. We do not want a situation where if...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: I agree with the Senator. Most fair and reasonable solicitors should now inform their clients. The superior courts in England have now come to the point where they direct solicitors who fail to inform their clients about alternative dispute resolution, including conciliation and arbitration, that the solicitor may be liable for the costs of going to court. Without being too prescriptive...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: As I said on Committee Stage, I fully sympathise with the motive for this amendment. It is really a planning Act matter and is something which should not end up in land law courts. It would be a mistake to put it into a Land and Conveyancing Law Reform Bill. It is well worthwhile pursuing and I will write to the Minister for the Environment, Heritage and Local Government, Deputy Roche, and...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: This amendment was discussed on Committee Stage. Section 3 of the Conveyancing Act 1881 provides that subject to certain exceptions, a purchaser is precluded from requiring production of any title documents dated or made before the time prescribed by law or stipulated in the contract for the commencement of the title and from making requisitions, objections or inquiries as to such prior...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: This amendment arises from a discussion on Committee Stage about formalities required for deeds. Section 62 of the Bill gives effect to the Law Reform Commission's report on land and conveyancing law and further general proposals in the execution of deeds. The commission recommended the inclusion of a reference to the sealing of documents to take account of the long-established common law...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: These are drafting amendments which clarify the scope of the section and ensure consistency in the terms used in it. The amendments to section 87 are drafting amendments to ensure section 87 is consistent with section 86.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: The acceptance of this amendment would mean every financial institution would be required to update each mortgagor's consent annually or, failing that, go to court in each and every case arising. That would create either additional administration costs for mortgagees or additional court related costs for mortgagees or mortgagors. We do not believe this would be in the public interest.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: Government amendments Nos. 40 to 42, inclusive, deal with the issues tabled in amendment No. 38. I do not favour allowing ex parte applications. The section deals with cases where the mortgagee has reasonable grounds for believing the mortgaged property has been abandoned but that may not be the case. To allow ex parte applications means they could be open to abuse and that would not be in...