Michael McDowell (Dublin South East, Progressive Democrats)

This amendment was discussed on Committee Stage. Section 3 of the Conveyancing Act 1881 provides that subject to certain exceptions, a purchaser is precluded from requiring production of any title documents dated or made before the time prescribed by law or stipulated in the contract for the commencement of the title and from making requisitions, objections or inquiries as to such prior title.

The Law Society standard contract for sale now contains provisions of a similar nature and these provisions are intended to facilitate effective conveyancing of land while at the same time protecting the interests of purchasers. I am not aware of any concerns on the part of the Law Society in respect of section 56(1) of the Bill as it now stands.

I do not wish to create a charter for people to mess around, so to speak, in conveyancing. There are some people who put down a deposit on land and while they get together a line of credit or whatever, throw up a kind of screen of anti-aircraft fire, so to speak, to prevent the conveyance going through and prevent themselves from having to complete the transaction. If we deviate from normal commercial practice to allow people to insist on old title documents to be produced, I feel this would be abused by people to delay conveyancing and through up false obstructions in the paths of others. Occasionally, the contract will have to exclude certain documents which have been lost or misplaced. I have often seen cases where people have sought additional time to get together the banking facilities for loans just to think of any old reason not to complete the contract and spurious requisitions are sent to the other side. I do not want to give life to that kind of conveyancing messing around, it is often done in bad faith.