AQW 15837/22-27

Mr Nick Mathison
Alliance Party
Strangford

Tabled Date: 27/09/2024
Answered On Date: 08/10/2024
Priority Written: No

Question:
To ask the Minister of Finance when she will act on the 2010 Law Commission recommendation to require formal notice to be served on all joint tenants when one or more of the tenants intend to sever the tenancy.

Answer:

The Law Commission recommendation was one of many considered in the context of a review of land law in this jurisdiction and the report came down in balance in favour of modest reform to require notice to be given in such circumstances. The arguments are balanced, between the desirability of joint tenants being notified of severance, and individuals being able to freely dispose of their property in any manner they chose, which is a fundamental and enshrined human right.

There has been only one concern raised with the Department about this issue since the 2010 report, and in the context of existing resources and competing legislative work, implementation of this recommendation is not an immediate priority for my Department.