Seanad debates

Thursday, 9 November 2006

Land and Conveyancing Law Reform Bill 2006: Committee Stage

 

11:00 am

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

The person who is not the building or moving party would not normally want to go to court because he or she need only object. I do not see why the right of initiative is being conferred on somebody who does not propose to carry out the building. One does not want to be in the position of discussing work with another who goes to court to stop one, when one did not have the right to do the work without his or her consent and has not applied to court for permission to do it. Effectively, the person whose consent is required could take the initiative and go to court thereby involving the other party in costs when the other party might not be disposed to go ahead with the building works. I am not clear what useful purpose this amendment would serve and the more I talk about it the clearer I am that it would serve very little purpose.

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