Seanad debates

Tuesday, 9 November 2021

Land and Conveyancing Law Reform Bill 2021: Second Stage

 

2:30 pm

Photo of Seán KyneSeán Kyne (Fine Gael) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit, an Teachta Browne, go dtí an Teach. Fáiltím roimh chinneadh an Rialtais chun brú ar aghaidh leis an mBille seo agus é a chur tríd an dá Theach roimh dheireadh mhí na Samhna. The Minister of State is welcome. I thank him for, and acknowledge, his work. I acknowledge the work of the current and former Ministers for Justice – Deputies McEntee and Humphreys – on getting Government agreement to progress this Bill through both Houses by the end of the month. The impending deadline has caused some concern within the law profession. I have been contacted by several solicitors who have expressed concern regarding their workload and the impact of existing arrangements on conveyancing and the sale of properties. It is important that we pass this Bill to provide the clarity required and initiate greater reform in this area. We are aware of the trickiness of old rights of way, which can cause legal disputes. Ireland has had many cases of people in rural areas claiming or having rights of way that others do not recognise. There can be all sorts of developments as a consequence, including the putting up and taking down of gates. Such actions can lead to neighbours falling out. Somebody buying a new property may not be aware that others have rights in respect of it. This has caused issues in the past. It has certainly caused stress and imposed costs on people. Disputes have ended up in court. When buying land, it is important to know who has a right to gain access to it or cross it. The Bill will deal with that issue.

I am aware that the Minister of State has had considerable engagement with the Law Society, Bar Council, Property Registration Authority and Law Reform Commission on this subject. It is complex. It can relate to several issues, including rights of way across farmland or on a laneway running over a neighbour's land, the right to use water or sewerage facilities on a neighbour's land, and the right of support between adjacent buildings that are in different ownership. If one is buying or selling, a considerable amount of money can be involved so it is important to get it right and to have no confusion over who has access, rights of way and easements. It is important that we pass the Bill by the end of the month. I acknowledge the work that has been done in the Department, and I wish the Bill steady progress.

Comments

No comments

Log in or join to post a public comment.