Dáil Éireann debate -
Thursday, 19 Dec 1996

Vol. 473 No. 3

Written Answers. - Ground Rent Transactions.

Brendan Kenneally

Question:

153 Mr. Kenneally asked the Minister for Justice if she has satisfied herself that there is sufficient legislation in place to protect householders who decide to buy out their ground rent, particularly where the seller of the ground rent shows a reluctance to complete the transaction despite payment of moneys requested; and if she will make a statement on the matter. [24978/96]

Minister for Justice (Mrs. Owen)

I assume the Deputy's question relates to the statutory scheme for the acquisition of the fee simple by the owners of dwellinghouses. I am satisfied that legislation governing the scheme is adequate to deal with the type of problem outlined in the question.

The Landlord and Tenant (Ground Rents) (No. 2), Act, 1978, contains provisions which enable the owners of dwellinghouses to buy out their ground rents and provides for the vesting of a fee simple in such dwellinghouses. Part III of the Act provides that owner-occupiers of dwellinghouses have a special procedure available to acquire readily and relatively inexpensively the fee simple in their property. These provisions, which were to run for a period of five years under the 1978 Act, were subsequently continued in force indefinitely by the Landlord and Tenant (Ground Rents) (Amendment) Act, 1987.

The 1978 Act also contains a provision for the determination of applications for the purchase of the fee simple in cases where the consent of all the necessary parties is not forthcoming. In such cases the Registrar of Titles will determine the application by arbitration. Where the registrar is of the opinion that any party to the arbitration has behaved unreasonably and as a result caused the incurring of the cost of the arbitration he or she may direct that that party pay all or part of such cost.