Seanad debates

Wednesday, 6 March 2013

Adjournment Matters

Planning Issues

6:45 pm

Photo of Lorraine HigginsLorraine Higgins (Labour) | Oireachtas source

I understand the effect of these clauses in that we must strike a balance and address some sensitive planning issues in the countryside, in particular. There is an overriding concern that there has been a clear breach of people's property rights which are inalienable, which is why I have brought the matter before the House. I would appreciate it if some further research could be done on it.

As stated earlier, people have lost their jobs and they wish to seek employment opportunities elsewhere but they are prohibited from selling their properties as a result of inurement clauses being in effect for periods of seven, ten or 15 years. That certainly limits the market. In addition, there are people whose mortgages are in a great deal of distress and who find themselves in the same situation as those others to whom I refer. A slightly anomaly exists because mortgage companies or banking institutions which repossess houses appear to be completely oblivious to any inurement clauses and they seem to have free rein to resell the homes in question. People who are trying to sell their properties of their own volition face a difficulty because of the existence of valid inurement clauses. There appears to be an inequitable application of the law in this regard. I would appreciate it if some further developments were forthcoming in this area and if some of the policies relating to inurement clauses could be reconsidered in light of current circumstances.

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