Results 7,221-7,240 of 16,849 for speaker:Dermot Ahern

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

Dermot Ahern: I move amendment No. 8: In page 21, between lines 33 and 34, to insert the following: "(4) A fee simple remains freely alienable.

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

Dermot Ahern: The Deputy may be referring to amendment No. 11 as well.

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

Dermot Ahern: The Deputy's amendment No. 9 proposes to insert a reference into section 11(3) to a tenancy for any period whether specified or unspecified. Section 11(3)(c), however, already refers to a leasehold estate for a term which is uncertain and the proposed amendment would be superfluous. There is a risk that including a reference to an unspecified period, in addition to the existing reference to...

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

Dermot Ahern: The Bill was amended subsequent to the article to which the Deputy refers which first raised this matter. Section 13 prohibits the future creation of a fee tail estate. Any future attempt to do so would create a fee simple instead. Going back to our time in college, it is good to see this procedure prohibited because it caused many law students difficulty when slaving over property law....

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

Dermot Ahern: If the grant of the lease is void, as specified in the section, how could it then be deemed to be of a particular type of lease? Even if this were accepted, the effect of the amendment would be the creation of a tenancy at will which is specifically excluded from the definition of tenancy in section 3.

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

Dermot Ahern: I move amendment No. 12: In page 30, line 2, after "1973" to insert "and the Charities Act 2009". These are drafting amendments to insert appropriate references to sections 23 and 24 of the Charities Act 2009. Deputies will recall that the legislation has been enacted since our Committee Stage deliberations.

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

Dermot Ahern: I move amendment No. 13: In page 31, line 8, after "1973" to insert "and the Charities Act 2009".

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

Dermot Ahern: I move amendment No. 14: In page 33, between lines 5 and 6, to insert the following: "(b) an order for the taking of an account of incumbrances affecting the land, if any, and the making of inquiries as to the respective priorities of any such incumbrances,". Amendments Nos. 14 and 33 arise from my discussions with Deputy Flanagan on the issue of judgment mortgages. In response to his...

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

Dermot Ahern: I move amendment No. 15: In page 35, line 17, to delete "In" and substitute "Subject to subsection (3), in". These amendments result from the Committee Stage discussion on the acquisition of easements by means of the doctrine of lost modern grant. As I indicated to the select committee, the reforms contained in the Bill in relation to easements were recommended by the Law Reform Commission....

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

Dermot Ahern: The Deputy will be aware that an easement such as a right of way is normally expressed or implied. There are three ways of acquiring an easement, the first of which involves the prescription at common law. In such cases, it is necessary to establish the use of an easement from time immemorial which in practice is deemed to be 1189. In general, the courts are willing to presume enjoyment of...

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

Dermot Ahern: That was Deputy Jim O'Keeffe.

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

Dermot Ahern: As I said, we are giving the court greater flexibility.

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

Dermot Ahern: The 12-year period will not have to run up to the date of commencement of the action. The court will have much more flexibility. I hope we will not have as much litigation as we have had in recent years.

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

Dermot Ahern: I move amendment No. 16: In page 35, between lines 21 and 22, to insert the following: "(3) The court may make an order under subsection (2) where the relevant user period was not immediately before the commencement of the action if it is satisfied that it is just and equitable to do so in all the circumstances of the case.".

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

Dermot Ahern: I move amendment No. 17: In page 39, to delete lines 15 to 22 and substitute the following: "(a) a building owner fails within a reasonable time to— (i) make good damage under subsection (2)(a), the adjoining owner may apply to the court for an order requiring the damage to be made good and on such application the court may make such order as it thinks fit, or (ii) reimburse costs and...

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

Dermot Ahern: I thank the Deputy for her comments about my accepting her argument. The purpose of this amendment is to be as simple as possible so that everyone has a fair crack of the whip. Building owners have obligations to comply with the statutory provisions and where they cannot do this without interfering with what is termed the party structure, they must then make good the damage, pay costs and...

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

Dermot Ahern: There is provision in the legislation for a building owner to get what is called a works order, under section 45, in order to enter land if this is not being allowed by the adjoining owner. As regards this, we are creating a new jurisdiction. Heretofore, a jurisdiction was not specified. The jurisdiction is the District Court, and this makes it simpler for people to litigate, in effect,...

Programmes for Government. (1 Jul 2009)

Dermot Ahern: Members over there should stop playing politics.

Programmes for Government. (1 Jul 2009)

Dermot Ahern: This is a parliament.

Programmes for Government. (1 Jul 2009)

Dermot Ahern: The Members over there are like children. Will they let the man answer?