Sheila Terry (Fine Gael)

I move amendment No. 23:

In page 30, subsection (1), line 21, to delete "only on registration of a court order" and substitute "on registration of a court order or otherwise".

The requirement in section 33 that an easement or profits À prendre should be required at law by prescription only on registration of a court order would appear to be unduly onerous. I am not sure how good is my pronunciation of French. Surely a deed can be created to acknowledge such a right without the necessity of a court order.

There is a contradiction in section 38(2) which states: "A conveyance of land creates for the benefit of that land any easement or profits À prendre over the land retained by the grantor which it is reasonable to assume, in the circumstances of the case, was, or would have been if they had adverted to the matter, within the contemplation of the parties at the date of the conveyance as being included in it." It is assumed that, had the matter been discussed at the time of the agreement, it would have been accepted that the easement or profits À prendre formed part of the conveyance. The rule in Wheeldon v. Burrows is to be abolished. No court order appears to be necessary in respect of section 38 and this appears to contradict section 33.