Seanad debates

Tuesday, 16 November 2021

Land and Conveyancing Law Reform Bill 2021: Report and Final Stages

 

2:30 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

This is a simple amendment. I raised this issue on Committee Stage. I believe the current wording covers my concern but I am looking for an assurance. Perhaps the Minister of State might provide one. Many people were extremely worried about this deadline. People have been trying to pull together the paperwork for a large number of applications fearing the cut-off date of 31 November. A large number of people have made applications under the 2009 rules. However, their applications may not yet have reached determinations. There have been many cases where, for example, supplementary information has been sought.

Section 2(a) states that “in a case where the prescription period was completed before the relevant date, in accordance with the law that applied to the acquisition of an easement or profit à prendreby prescription before the relevant date”. I wanted to be sure that the interpretation of that covers those who may have completed the 12 years that were required under the 2009 laws and have lodged their application. Will they be covered, even if the authority has not yet been able to make determination on their application? They have completed the prescription period and engaged with the law that applied at that time. I wanted clarity on that from the Minister of State. Some people are concerned that although their applications have been submitted, the process has not finished. We need to ensure they do not fall into a limbo and find themselves back at the start of a new process.

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