Seanad debates

Thursday, 23 November 2006

Land and Conveyancing Law Reform Bill 2006: Report and Final Stages

 

4:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

As I said on Committee Stage, I am unsure that the amendment should be accepted but tenancies in common and joint tenancies are an issue. Could this be simply addressed by a change in terminology? Perhaps "joint tenancy (automatically terminating at death)" could be used to make it clear that there is a termination period for a joint tenancy that would put people on notice that they were entering into something they may not have intended. Perhaps "tenancy in common (including successors and assigns)" might signal enough to people. Where it is set out in legal documents, there would be an expansion of the terminology that clearly signals the implications. As I have stated before and was acknowledged by the Minister, it is not only immigrants who have difficulty, and most Irish people would not be able to make the legal distinction between a tenancy in common and a joint tenancy.

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