Joe Carey (Clare, Fine Gael)
Link to this: Individually | In context

Question 905: To ask the Minister for Justice and Law Reform the position regarding the application of Farm Fee Ground Rent on property here; his plans to amend legislation to prevent it from applying to all property here; and if he will make a statement on the matter. [31893/10]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The position is that section 12 of the Land and Conveyancing Law Reform Act 2009, which entered into effect on 1 December 2009, prohibits the creation of a fee farm grant at law or in equity. From that date, any instrument purporting to create a fee farm grant, or to grant a lease for life or lives renewable for ever or for any period which is perpetually renewable, vests in the purported grantee or lessee a legal or equitable fee simple.

With regard to ground rents, section 2 of the Landlord and Tenant (Ground Rents) Act 1978 prohibited the creation of leases reserving ground rents on residential dwelling houses after the passing of the Act. As regards ground rents already in existence at that time, Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 contains a statutory scheme whereby any individual may, at reasonable cost, acquire the fee simple in their dwelling house. The scheme is operated by the Property Registration Authority. The Landlord and Tenant (Ground Rents) Act 1967 contains provisions which allow individuals, on application to the Circuit Court, to acquire the fee simple in certain properties other than dwelling houses subject to the provisions of that Act.