Seanad debates

Thursday, 9 November 2006

Land and Conveyancing Law Reform Bill 2006: Committee Stage

 

11:00 am

Photo of Jim WalshJim Walsh (Fianna Fail)

I am supportive of the sentiments expressed by Senator Terry. I have come across instances where people have inadvertently gone the route of joint tenancy without realising that their successors in title will not be beneficiaries of the land and that it will accrue to the party that lives longest. Something needs to be put in place. In many instances, a good solicitor will explain the implications fairly thoroughly to his or her client and the difference between tenancy in common and joint tenancy. However, there may be instances where it is perhaps overlooked or of malfeasance and therefore it does not happen.

The Minister will, no doubt, comment on the merits of the amendment, but there is a need for a degree of certainty in this area. The point made by Senator Terry is correct, given the number of immigrants we have who will be totally unfamiliar, as are many Irish people, with the joint tenancy implications. There is a need, perhaps, to have them redesignated so that their meaning is clearer. There might be another way of doing it, but there is need to do something further in the Bill to provide for this area. I urge the Minister to try to come up with something that will satisfy the concerns expressed.

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