Archives

Death Of Teresa Brennan, Formerly, Thurles, Co. Tipperary.

It is with great sadness that we learned of the death, today, Tuesday 30th November 2021, of Mrs Teresa Brennan (née Burke), No.15 Togher Lawns, Urlingford, Co. Kilkenny and formerly Urard, Urlingford Via Thurles, Co. Tipperary.

Mrs Brennan passed away peacefully, while in the care of staff at University Hospital Waterford.

Her passing is most deeply regretted by her loving husband Gerald, brothers Maurice, Michael, Joseph and Liam, sisters Bridget and Joan, sisters-in-law Mary (Urard), Peggy (Urlingford), Kathleen (Kilburn, UK), Mary (Luton, UK) and Mary (Kilburn, UK), brother-in-law Clive (Luton, UK), nieces, nephews, extended relatives, neighbours, and a wide circle of friends.

Requiescat in Pace.

Funeral Arrangements.

The earthly remains of Mrs Brennan will repose at her residence on Wednesday evening, December 1st, from 5:00pm until 7:00pm.
Her body will be received into the Church of St. Patrick, Graine, Woodsgift, Co. Kilkenny, on Thursday morning, December 2nd, at 10:30am to further repose for Requiem Mass at 11:00am, followed by interment in the adjoining graveyard.

[NB: Due to Public Health Guidelines, regarding C-19 virus restrictions; those attending the funeral service will continue to observe strict adherence to social distancing, face covering, with no hand shaking.]

The extended Brennan family wish to express their appreciation for your understanding at this difficult time and have made arrangements for those wishing to send messages of condolence, to use the link shown HERE.


Suaimhneas síoraí dá h-anam dílis.

Ministers McEntee & Browne Welcome Law Enactment To Remove Problems Affecting Rights Of Way.

  • Land and Conveyancing Law Reform Act 2021 comes into effect today.
  • Averts ‘legal cliff-edge’ due to take effect immediately after 30th November.
  • Reforms law on prescriptive easements and profits à prendre.

The Minister for Justice, Mrs Helen McEntee TD, has today welcomed the passage and enactment of the Land and Conveyancing Law Reform Act 2021. The Bill completed its passage through both Houses of the Oireachtas on Wednesday 24th November, and was signed into law by the President on Friday 26th November.
The Act comes into operation today, Tuesday 30th November.

It repeals a number of changes to the law on prescriptive easements and profits à prendre, under the Land and Conveyancing Law Reform Act 2009, which were due to take effect on Wednesday 1st December.

‘Prescriptive easements’ are ones that have been acquired by prescription (that is, by long use as of right, where there is no written deed formally granting the right, or the written deed has been lost). Various legal conditions apply – in particular, the claimant must prove a minimum number of years of continuous use, as of right, in order to establish that she/he has acquired a prescriptive easement or profit à prendre. Twenty years was the usual period of use before the 2009 Act.

‘Profits à prendre’ are less common, and are private rights held by a person (not necessarily a property owner) over another person’s land (not necessarily a neighbour) that involve taking a natural product of the land (such as fishing or shooting rights, or certain traditional seaweed gathering rights).

The Minister said,
“I’m delighted to welcome the timely enactment of this urgent Act. It averts a legal cliff-edge that was due to occur on 1st December, when major changes to the law on private rights of way, and other prescriptive rights, were due to come into effect.

I know that those impending changes have been causing worry and stress to many people, with farmers and homeowners at risk of losing important rights that have been enjoyed for many years without dispute. This Act repeals those changes, and protects acquired rights and acquired years of use”
.

Common examples of prescriptive easements include:

  • a right to use water or sewerage pipes, running under a neighbour’s land,
  • a right of support between adjoining buildings that have different owners,
  • a private right of way to access your home, or field, over a laneway that runs across your neighbour’s land.

The Minister continued,
“Legal terms such as ‘prescriptive easements’ or ‘profits à prendre’ can sound very remote and arcane (mysterious or secret) but in practice, these are issues that have very direct and practical consequences for many people.”

Serious concerns had been raised by stakeholders, including the Law Society and the Bar Council, about the changes that were due to take effect on December 1st 2021.

Minister of State Mr James Browne TD, who steered the legislation through the Seanad, added:-
“The Land and Conveyancing Law Reform Act 2009 was a major piece of reforming legislation, which repealed a large number of outdated laws and concepts, and modernised much of our land and conveyancing law.
However, after carefully considering the concerns raised by stakeholders about this particular chapter of the 2009 Act, it was clear that in this particularly complex legal area, the 2009 provisions were not working as intended.
I am grateful to the Law Society and the Bar Council, in particular, for their work to highlight these difficulties. I would also like to thank all the stakeholders who worked with my Department to develop the provisions of the Bill, and the Attorney General for the valuable legal advice and drafting expertise provided.

As well as repealing the major changes due to take effect on December 1st 2021, under the 2009 Act, the Land and Conveyancing Law Reform Act 2021 provides that:-

  • claims to validate or register a prescriptive right that are already pending on 30 November (before the courts, or the Property Registration Authority) will continue to be decided as they were before 30 November (as transitional cases, they were decided under the law that applied before the 2009 Act);
  • periods of long use that were acquired before or during the years 2009 – 2021, will not be lost on November 30th, if no claim has been made, but can still be counted in a claim made after that date (the clock is not re-set);
  • new claims (brought after 30 November 2021) will largely be decided under the judge-made law (the ‘doctrine of lost modern grant’) that applied before the 2009 Act. This reflects the strong preference expressed by stakeholders, who see these as the most satisfactory and familiar set of rules available, pending more detailed review;
  • it will still be possible to confirm a prescriptive right, either by applying to court or by registering it directly with the Property Registration Authority. But this will be optional, (as it was before the 2009 Act), rather than a mandatory requirement to avoid losing any rights acquired through long use.

Minister McEntee concluded,
“The Act addresses the most pressing need, by repealing the major changes due to take effect on 30 November, and thus removing the deadline.
However, more comprehensive reform may be required. The Government has agreed to establish a time-bound review to identify any further changes that are desirable to ensure that this area of law is placed on a sustainable long-term basis.
I hope that the review could start work early in the New Year, with a view to completing its work by the end of the summer.”

Killer Covid-19 Cases, Reach 7,056 On Irish Mainland An Increase Of 985 In 24 Hours.

The Department of Health has confirmed a further 5,471 new cases of Covid-19, within the past 24 hours, here in the Republic of Ireland.

The number of people remaining hospitalised with the virus stands at 579, a figure unchanged since yesterday, and of these, the numbers being treated in intensive care has risen by seven to 122 persons.

The Irish Government is asking parents to aim at reducing indoor socialisation of young people aged 12 and under, for the next 14 days, as part of efforts to stem the spread of the disease within local communities.

The UK Health Security Agency (UKHSA) has confirmed eight further cases of the Omicron variant in England, bringing the total number identified there to at least 13 known cases.

Covid-19 vaccinations in Greece will be made mandatory for people aged 60 years and over, as the country comes to grips with a new surge of the disease. Authorities have stated they will impose a €100 fine on every individual over the age of 60 years, who has not received vaccinations, with the measure applying each month, beginning from January 16th onwards.

The head of the European Medicines Agency (EMA), Ms Emer Cooke, has stated that present Covid-19 vaccines will continue to provide protection against current new variants.

A further 1,585 new cases of coronavirus have been reported in Northern Ireland today, up from 1,464 on yesterday.

Today also there remain 341 Covid patients in Northern hospitals; up 1 on yesterday’s reported figures. Of these 29 are being treated in intensive care units (ICUs), up 1 on yesterday.
Sadly, 2 further Covid-19-related deaths have also been reported in Northern Ireland in the last 24 hours.

Continue to listen to science and do keep yourself and your family safe by regularly washing your hands; wearing a mask when appropriate, and cut down on unnecessary social contacts.

Death Of Maeve Bane, Formerly Thurles, Co. Tipperary.

It is with great sadness that we learned of the death, today, Monday 29th November 2021, of Mrs Maeve Bane (née Murray), Roscrea Road, Templemore, Co. Tipperary and formerly of Borrisoleigh, Thurles, Co. Tipperary.

Mrs Bane passed away peacefully, while in the care of the staff at St Theresa’s Nursing Home, Dublin Rd, Lognafulla, Thurles, Co. Tipperary.

The passing of Mrs Bane is most deeply regretted by her loving husband Paddy, immediate family Brendan, Martha, Deirdre, John and Veronica, sisters Helen and Carmel, brother Sean, sister-in-law Ann, brother-in-law Bernard, daughters-in-law Anne and Bianca, sons-in-law Thomas, Tom and Alan, grandchildren Gavin, Sean, Dylan, Oscar, Theo, Ciara,Callum, Aaron, Cillian, Aoife, extended relatives, neighbours and friends.

Requiescat in Pace.

Funeral Arrangements.

The earthly remains of Mrs Bane will repose for Requiem Mass on Thursday, December 2nd, in the Church of the Sacred Heart, Templemore, Co. Tipperary at 12:00 noon, followed by interment immediately afterwards in St. Joseph’s Cemetery, Templemore, Co. Tipperary.

[NB: Due to Public Health Guidelines, regarding C-19 virus restrictions; those attending the funeral service will continue to observe strict adherence to social distancing, face covering, with no hand shaking.]

The extended Bane family wish to express their appreciation for your understanding at this difficult time.

Note Please: Family flowers only please.


Suaimhneas síoraí dá h-anam dílis.

Confirmed Killer Covid-19 Cases On Irish Mainland Today, Reach 6,071.

The Department of Health has confirmed 4,607 new cases of Covid-19, here in the Republic of Ireland, in the previous 24 hours.

There remain 579 people in hospital with the virus today, an increase of 13 on yesterday’s reported figures and of these there are 115 in ICU, which is down 2 on yesterday.
With 43 deaths confirmed nationally in the past week; here in Co. Tipperary 150 new cases have been confirmed within the past 14 days,

The promised new system of antigen testing for asymptomatic close contacts of Covid-19 has begun in the Irish Republic’s primary schools. Under the system, antigen tests will be made available to primary school children when a child in their ‘pod’ has a positive PCR test for the virus. Antigen testing will be offered to a full class when two or more confirmed cases of Covid-19 occur in the class within a seven-day period and outside of a single pod.

The Irish Government has dropped plans to provide cheaper antigen tests, possibly based on the strong advice of the National Public Health Emergency Team (Nphet). The Minister for Health, Mr Stephen Donnelly, has stated that the price of antigen tests has now fallen in shops and supermarkets to a more affordable level.

The World Health Organization (WHO) has warned that the new Covid-19 Omicron variant, first discovered in southern Africa, now poses a very high risk globally, despite uncertainties about the danger and contagion levels of this new worrying strain. However to date, no deaths connected with the Omicron variant have as yet been reported.

The Scottish government has confirmed 6 cases of the Covid-19 Omicron variant. Meanwhile, the Government in the Republic has confirmed that 11 positive tests for Covid-19 are being further examined today in an effort to identify whether or not they are in fact this same new Omicron variant.

In Northern Ireland, today a further 1,464 new cases of coronavirus have been confirmed in the previous 24 hours, up from 1,405 cases reported yesterday.

There remain 340 Covid patients in northern hospitals 30 on Friday’s figures, with 28 people being treated in intensive care units (ICU’s), down 5 since Friday.
Sadly, 4 further Covid-19-related deaths have also been reported in Northern Ireland, bringing their total number of deaths, linked to Covid-19, since the start of the pandemic to 2,873.

Continue to listen to science and do keep yourself and your family safe by regularly washing your hands; wearing a mask when appropriate, and cut down on unnecessary social contacts.