Legislation has been introduced under the Land and Conveyancing Law Reform Act 2009 regarding various rights including those commonly known as rights of way. If you use a right of way over somebody else’s property which is not registered either in the Land Registry or the Registry of Deeds, you can at this point take steps to ascertain as to whether this Right can be registered. Prior to a Judicial Review being taken the cut off point for registering such a right of way was the 1st December 2012 however this has now been extended to 2021.
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 came into operation on 1st January 2011. This deals with same-sex couples who are living together as well as opposite sex couples who are co-habiting or living together. A co-habitant has a specific definition. And there are a number of other factors which need to be considered, determining whether or not a person is a cohabitant which includes the duration of the relationship, the financial arrangements of the couple and whether or not there are children. The legislation comes into play if a person has lived with somebody else for at least five years or for two years where there is a child of the relationship. The provisions of the Act and the reliefs that a person may obtain will only come into effect after the end of the relationship which, as mentioned, is two years if there are children and five years if there are no children. This could have far-reaching effects if there is already a spouse or on death when the person’s estate is being distributed. Cohabitants or people living together may opt out of the legislation by entering into a cohabitation agreement.
George F. Daly and Company Solicitors welcome back to Kinsale the Kinsale District Court which had been sitting at Bandon for a number of months. It is hugely important and beneficial for a community to have their District Court sit locally. The efforts of the local Gardaí and the District Court Clerk are greatly appreciated as is the willingness of Judge James McNulty to sit again in Kinsale.