Legal Issues: The Government has ordered, and is now awaiting, a draft Land and Conveyancing Bill which is expected to cut a swathe through vast tracts of obsolete Irish land law, writes Pat Igoe

Every business in the country can expect to benefit, and possibly benefit hugely, from proposals to finally bring the buying and selling of property in Ireland into the modern age. Exceedingly complex and ancient property laws are to be repealed or simplified. This is then to be followed ultimately by paperless electronic conveyancing. Significantly greater efficiencies and lower costs should follow.

For many business people, buying and selling property can be an obscure, time-consuming, not to say time-wasting, and complicated procedure. It can also be expensive. It is something that solicitors do and it can take a lot of time. It is wrapped in incomprehensible words and procedures often of ancient origin.

These procedures were once famously described by leading Irish land law text author, Professor John Wylie of Cardiff University as "a treacherous bog". A bog into which many have fallen. And it can be expensive to get out. But, at last, changes are imminent. The Government has ordered and is now awaiting a draft Land and Conveyancing Bill which is expected to cut a swathe through vast tracts of obsolete Irish land law. The bill will simply repeal a large number of out-of-date acts choking our statute book and replace some of them with modern legislation.

Much of our land law is still rooted in the pre-1922 period and some of our laws even go back to feudal times. Most probably, we will soon be bidding adieu to such ancient laws as the Statute of Westminster 1285 with its provisions including the fee tail of "de donis conditionalibus".

The Government has warmly welcomed the Law Reform Commission's reports on reform of land and conveyancing law. A landmark report by the commission last year contained a draft bill for the Government's consideration which suggested replacing more than 150 acts, all of them dating back before 1922 and which are still law here. The draft bill contains 133 sections encompassing more than 90 recommendations for reform.

After the fundamental law is modernised, the time-consuming procedures will then be tackled. Enter electronic conveyancing. The journey from filing cabinets in solicitors' offices crammed with your documents to solicitors' paperless offices has begun. It is an abridged journey from the 13th century onwards directly to the 21st century. No stops.

A report from the Law Reform Commission this month puts e-conveyancing centre-stage and is designed to corral all those involved, both public and private bodies, to come on-board. Already, the Law Society earlier this year established its own e-conveyancing task force, chaired by Dublin solicitor, Daniel O'Connor, to seriously address the challenges and benefits of e-conveyancing.

The ultimate result of these revolutionary moves will be twofold. Businesses and individuals can expect fewer delays with the higher efficiencies in both buying and selling of properties. These will spring both from the overdue law reforms and also from the ultimate prize of e-conveyancing. Secondly, there may be significant reductions in costs.

There will be more certainty, more transparency, less time wasted and greater understanding of what is happening. Where there are delays, it should be clear who is at fault.

In his remarks last week welcoming the report on e-conveyancing, Taoiseach Bertie Ahern noted that the current system impacted negatively on many home owners and businesses when "this seemingly simple process becomes both long and cumbersome". Lawyers are keenly aware of the significant advances in the electronic medium in the Land Registry, the Revenue Commissioners and the Companies Registration Office. Moves towards e-conveyancing are significantly ahead in other common law countries, such as Canada, New Zealand, England and Wales.

Issues, such as digital signatures, are complicated. Mistakes would be costly. With massive sums changing hands in conveyancing transactions every year, the stakes are high.

In addition, with the expensive debacle of e-voting still fresh in people's minds, the Government can be expected to tread very carefully in introducing electronic conveyancing. But the prize is there for the country, for businesses and for individuals. And the rest of the world is moving forward. The push is on.

Pat Igoe is principal of Patrick Igoe and Co, solicitor, in Blackrock, Co Dublin