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Land Law

Volume 982: debated on Friday 18 April 1980

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asked the Secretary of State for Northern Ireland what parts of the Sheridan report on land law in Northern Ireland have so far been implemented; what was the implementing legislation; if he will make a statement as to when he intends to have the recommendations in that report brought fully into force; and whether some of the recommendations will not be implemented.

Proposals in the Sheridan report were implemented as follows. Those referring to (1) powers of attorney in the Powers of Attorney Act (Northern Ireland) 1971; (2) fees and commissions payable on land dealings to estate agents and solicitors in the Commission on Sales of Land Act (Northern Ireland) 1972 and the Solicitors (Northern Ireland) Order 1976; (3) the disposition of property as between husband and wife, transactions in which the same person takes part on both sides in different capacities, and the scope and effect of obligations or restrictions impeding the enjoyment of land, in the Property (Northern Ireland) Order 1978; (4) certain stipulations that were not to be the essence of contracts, and the matter of equitable waste in the Judicature (Northern Ireland) Act 1978.On 28 February 1980, I arranged for Professor J. C. W. Wylie of Cardiff University to act as the Department of Finance consultant on land law. I subsequently appointed a Land Law Working Group of Professor Wylie, Mr. H. Wallace of the Faculty of Law, Queen's University, Belfast, Mr. J. Russell of the Institute of Professional Legal Studies at Queen's University, officials of the Office of Law Reform, and the Legislative Draftsmen's Office to examine the recommendations contained in the Sheridan report as a preliminary to the preparation by the Government, in consultation with the legal profession and other interests, of such further proposals for legislation as may be appropriate.