Written answers

Wednesday, 8 October 2008

Department of Justice, Equality and Law Reform

Proposed Legislation

9:00 pm

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)
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Question 247: To ask the Minister for Justice, Equality and Law Reform the steps taken to implement the recommendation contained in the All-Party Committee on the Constitution ninth progress report on property rights published in 2004 to prepare legislation to abolish ground rents; and if he will make a statement on the matter. [34029/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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A legal challenge to the constitutionality of certain provisions of existing ground rents legislation was heard in the High Court during 2005. The High Court's judgment upholding the constitutionality of the legislation was delivered in early 2006 but it has since been appealed to the Supreme Court. While operation of the law in relation to ground rents continues to be reviewed in my Department, there are no proposals for changes pending the outcome of the appeal that I have mentioned.

It should be noted that the law already provides a statutory scheme for the acquisition of the fee simple in dwelling houses which is set out in the Landlord and Tenant (Ground Rents) (No. 2) Act 1978. Part III of that Act makes provision for a streamlined procedure, operated by the Property Registration Authority, whereby a person may acquire the fee simple in their dwelling house.

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