Modernising Conveyancing Law- A Win Win Situation

The Law Reform Commission in its Report published on the 28th October, 2004 includes some 92 provisional recommendations.

This consultation paper posted on www.lawreform.ie provides the basis for consideration and discussion of some very practical and much needed reforms. Hopefully this process will result in legislation being enacted next year which will give effect to these long awaited improvements.

The Report calls for the repeal of more than 100 pre-1922 Statutes in an effort to simplify the conveyancing process. It again seeks the implementation of recommendations contained in earlier Commission Reports.

In seeking the introduction of an e-conveyancing system we enthusiastically support the Commission's recommendations. Their adoption and the proper use by Planning Authorities, Registries, Lending Institutions and the other Agencies involved in this area of secure modern data processing technology would reduce delays and would greatly facilitate conveyancing practitioners. This would result in simpler, faster, more efficient and less costly conveyancing. A win win situation.

Two illustrative examples of the Commission's recommendations follow:

A Registration of Title

Notwithstanding that this subject is now governed by a relatively modern statute, the Registration of Title Act, 1964, it has become clear that there are a number of flaws in the drafting and a need for modernisation. Some of these were referred to by the Law Reform Commission in previous Reports and the Registration of Deeds and Titles Bill included in the Government's recently announced Legislation Programme will seek to implement the recommendations contained in those Reports and to introduce other changes. Given the key role which the Land Registry is likely to play in modernising conveyancing practice, and, in particular, in an e-conveyancing system, it is imperative that this Bill is enacted or, alternatively, it is recommended that its provisions are incorporated in the legislation to implement the recommendations in this Consultation Paper.

The Commission provisionally recommends that various recommendations relating to the Land Registry made in previous Commission Reports should be implemented.

B Planning
Earlier Reports of the Law Reform Commission drew attention to the problems arising from the planning legislation. These concerned time-limits for bringing enforcement action in respect of breaches of planning law, a critical factor in purchasers' enquiries, and extending the jurisdiction of a planning authority to land below the high water mark. Notwithstanding the general seven year time limit for enforcement proceedings now contained in the Planning and Development Act, 2000, non-conforming developments remain subject to numerous disadvantages, such as a a refusal of sewage and water connections. This means tht the need to make planning enquiries relating to possible unauthorised developments since the 1st October, 1964 remains, despite the increasing difficulties in obtaining such information. Not least of such difficulties is the fact that many planning authorities do not have complete or, indeed, have not retained any records going back that far. The case for a planning amnesty, similar to that relating to building byelaws introduced by section 22 of the Building Control Act, 1990 is compelling. It is recommended that urgent consideration is given to the introduction of a planning amnesty.

The Commission provisionally recommends that urgent consideration should be given to the introduction of a planning amnesty, to operate either 10 years after an unauthorised development has taken place or 10 years after the expiration of a planning permission, the terms of which have not been complied with.