Results 1,241-1,260 of 7,652 for speaker:Joanna Tuffy

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

Joanna Tuffy: I move amendment No. 9: In page 19, line 5, to delete "in" and substitute "under". This is a drafting amendment as, we believe, section 9(3)(b), as worded, suggests it only affects section 10, rather than the concept of an estate generally.

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

Joanna Tuffy: I move amendment No. 10: In page 19, between lines 10 and 11, to insert the following: "(4) Subject to this Act a fee simple shall be freely alienable by the owner thereof.". While section 9(3)(c) states that section 9(2) does not affect the rule against inalienability, the rule itself is contained in an Act that is repealed by section 8(3) so the rule is not stated in the Bill. This has the...

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

Joanna Tuffy: I move amendment No. 11: In page 19, between lines 10 and 11, to insert the following: "(4) A tenant of a local authority who whether before or after the commencement of this section purchases a fee simple from the authority may alienate the fee simple without the consent of the authority.". This amendment might be more appropriate to a housing Bill but I have become aware, as a public...

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

Joanna Tuffy: I appreciate the support of Senator Jim Walsh and the Minister.

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

Joanna Tuffy: I move amendment No. 12: In page 20, between lines 35 and 36, to insert the following: 12.—(1) (a) It shall be a condition of any planning permission for an apartment development that the applicant will form a management company and arrange for the issue of shares in the company to purchasers of apartments in the development. (b) Where a permission has been granted prior to the commencement...

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

Joanna Tuffy: It would be important to involve those experiencing problems in any such conference. The managing agents for an estate in Lucan organised a meeting miles away from the estate at an inconvenient time to make it impossible for most people to attend, although they are supposed to be members of the management company. The establishment of a body where people could raise such issues would be of...

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

Joanna Tuffy: I move amendment No. 13: In page 21, line 14, to delete "section 11(4)" and substitute "section 11(3)". This amendment corrects an error. Section 11(5) is an exception to section 11(3), not section 11(4), which deals only with contracts.

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

Joanna Tuffy: I move amendment No. 14: In page 21, between lines 31 and 32, 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 inland is extinguished by virtue of subsection (3), the second-mentioned person may apply to the court within 12 years of such extinguishment for an...

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

Joanna Tuffy: I was not going to speak to this amendment, but there is another issue if it is automatic for it to become tenancy in common instead of joint tenancy. Tenancy in common can be held in different shares, and there could not be an automatic tenancy in common without clarifying the shares. With a joint tenancy, the survivor does not lose anything, but with a tenancy in common the survivor loses...

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

Joanna Tuffy: I second the amendment.

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

Joanna Tuffy: I move amendment No. 26: In page 34, to delete line 38 to 40 and substitute the following: "43—(1) Where a building owner and an adjoining owner are in dispute in relation to the exercise or proposed exercise of rights under section 42, either party may apply to the court in a summary manner and the court may give such directions as it thinks fit, and may in particular make an order...

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

Joanna Tuffy: What if there were a dispute over the money to be paid under the provision? Section 42 refers to making good all the damage caused to the adjoining owner. What if the adjoining owner had issues about those provisions? Should he not be allowed go to court? It is obvious that the best way to deal with those issues in a dispute is by means of arbitration. I suggest we need to start writing...

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

Joanna Tuffy: I move amendment No. 27: In page 35, between lines 22 and 23 to insert the following: 46.—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...

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

Joanna Tuffy: I second the amendment.

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

Joanna Tuffy: I move amendment No. 37: In page 58, line 9, after "unless" to insert the following: ", not more than one year before such taking of possession,". This amendment is designed to make clear that a bank or building society cannot take possession without a court order, merely because they got the home owner to consent when taking out the mortgage. For the consent to the valid, it must be one in...

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

Joanna Tuffy: I move amendment No. 38: In page 59, line 4, after "apply" to insert "ex parte". We also proposed this on Committee Stage. The purpose of the amendment is to make clear that an application can be immediate and without notice. I know the Minister has said it would not be desirable to accept this amendment. However, there could be urgent circumstances that require steps to be taken and ex...

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

Joanna Tuffy: I move amendment No. 39: In page 59, lines 4 to 6, to delete all words from and including "the" where it secondly occurs in line 4 down to and including "property," in line 6 and substitute "the court or the District Court". We also proposed this amendment on Committee Stage. We felt it would be good to allow flexibility so that applications could be made to the District, Circuit or High Courts.

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

Joanna Tuffy: I thank the Minister and his Department. I am a solicitor and most of my work and experience was in land law. It is good to modernise our law. I read intensely the book by Professor Wylie when studying for the Law Society of Ireland exams and it was a great book. Thankfully, I never used fee tails or leases for lives renewable forever in my career as a solicitor. It is good that many of...

Seanad: Sex Offenders Register. (23 Nov 2006)

Joanna Tuffy: It is urgent that we ensure the regime in place to deal with registered sex offenders in this country is comparable with those in other countries, including the United Kingdom and Northern Ireland. There have been many reports in recent days about registered sex offenders who have come to this country. It is important they are not allowed to come here to take advantage of what they might...

Seanad: Sex Offenders Register. (23 Nov 2006)

Joanna Tuffy: On the Minister's last comment, a person registered as a sex offender in another country should know the significance of his or her moving to another country. We should expect such people to register and the Minister should prioritise his proposal on making it an arrestable offence if people fail to register.