Written answers
Tuesday, 4 December 2007
Department of Justice, Equality and Law Reform
Ground Rents Legislation
9:00 pm
Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 553: To ask the Minister for Justice, Equality and Law Reform if he proposes to introduce legislation to reform the law in respect of ground rents; and if he will make a statement on the matter. [32445/07]
Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I assume the Deputy is referring to the issue of residential ground rents. The law already provides a statutory scheme for the acquisition of the fee simple in dwellinghouses which is set out in the Landlord and Tenant (Ground Rents) (No. 2) Act 1978. Part III of that Act provides a special procedure, operated by the Property Registration Authority, whereby a person may acquire the fee simple in their dwellinghouse.
A legal challenge to the constitutionality of certain provisions of existing ground rents legislation was heard in the High Court during 2005. While the Court's judgment upholding the constitutionality of the legislation was delivered in early 2006, it has since been appealed to the Supreme Court. Operation of the law in relation to ground rents continues to be reviewed in my Department. However there are no proposals for changes pending the outcome of the appeal that I have mentioned.
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