Seanad debates

Thursday, 11 November 2021

Land and Conveyancing Law Reform Bill 2021: Committee Stage

 

10:30 am

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

On the Deputy's last point, it is my understanding that, under current law, people are able to use all three of the old rules, which are common law time immemorial rules, common law doctrine of lost modern grant and, as the Deputy mentioned, the Prescription Act 1832.I may be corrected on this, but the feeling was that there were more complexities and difficulties with the Prescription Act 1832. As a result, it was decided to go with the common law doctrine of lost modern grant, which obviously means that any period of 20 years would create that presumption, making it a much easier process for individuals. Perhaps I can come back to the Senator with more detail but that is my understanding of why that particular choice was made and the other has not been mentioned.

In response to the comments of Senator Higgins, my understanding is that anybody who is going through the process but has not concluded it by the set date at the end of the month will immediately return to the common law doctrine of lost modern grant, which is the 20-year period. I appreciate that a lot of work might have been done up to this point but adding a new date for people who might be halfway through the process adds another layer of complexity to all of this. I am happy to look at what the Senator suggested in that regard.

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