Preface |
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v | |
Authors |
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vi | |
Acknowledgements |
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viii | |
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xxiv | |
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Table of Secondary Legislation |
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xxxv | |
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xlii | |
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1 Introduction to Conveyancing and Systems of Registration |
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1 | (17) |
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1.1 What is Conveyancing? |
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1 | (1) |
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1.2 Objectives of the Manual |
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1 | (1) |
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1.3 Major Reforms and Modernisation |
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2 | (1) |
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2 | (1) |
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1.5 The Conveyancing Process |
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3 | (2) |
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Certificate of title system |
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Section 51 2009 Act and contracts for the sale of land |
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1.6 Law Society Standard Documentation |
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5 | (2) |
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Objections and requisitions on title |
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1.7 Systems of Registration |
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7 | (11) |
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14 | (1) |
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Words and Phrases Commonly Used |
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15 | (3) |
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2 Steps in a Conveyancing Transaction |
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18 | (21) |
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18 | (1) |
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2.2 Steps Prior to Formalising a Contract |
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18 | (11) |
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2.3 From Exchange of Binding Contracts to Completion of Transaction |
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29 | (3) |
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32 | (1) |
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2.5 After Completion of the Sale |
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33 | (1) |
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2.6 How Long Should a Solicitor Keep a File in a Conveyancing Transaction? |
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34 | (1) |
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34 | (1) |
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2.8 Purchase of Property---Financial Memo |
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35 | (2) |
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2.9 Chart of Basic Steps in a Residential Conveyancing Transaction |
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37 | (2) |
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39 | (17) |
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3.1 Ethics and Conveyancing |
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39 | (1) |
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39 | (6) |
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Undertakings and conveyancing |
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Restrictions on undertakings |
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Conclusion on undertaking |
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3.3 Voluntary Conveyances |
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45 | (3) |
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Setting up the independent advice |
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3.4 Acting for a Vulnerable Client |
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48 | (2) |
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3.5 Conflicts of Interest |
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50 | (6) |
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Appendix 3.1 Principles Relating to Undertakings |
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51 | (5) |
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56 | (13) |
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56 | (1) |
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56 | (1) |
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57 | (1) |
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4.4 Good Marketable Title |
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57 | (1) |
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58 | (2) |
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Statutory provision governing open contracts |
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60 | (1) |
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60 | (4) |
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64 | (1) |
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Devolution of unregistered title from the root |
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65 | (2) |
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Compulsory first registration |
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67 | (2) |
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Unregistered freehold title |
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Unregistered leasehold/fee farm grant title |
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69 | (24) |
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5.1 Why Investigate Title? |
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69 | (1) |
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69 | (2) |
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5.3 Pre-Contract Enquiries |
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71 | (2) |
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73 | (1) |
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Leasehold unregistered titles |
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Fee farm grants under the Renewable |
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Leasehold Conversion Act, 1849 |
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Freehold unregistered titles |
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5.5 Documents Produced with the Contract |
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74 | (1) |
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5.6 Important Statutory Provisions |
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75 | (1) |
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76 | (1) |
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76 | (3) |
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79 | (5) |
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A committee of a ward of court |
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Receivers---contractual and statutory |
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A beneficiary under a will |
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5.10 Investigation of Unregistered Title (Notes on Title) |
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84 | (3) |
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Date and time of registration |
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Testatum, consideration, receipt clause |
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Operative words and capacity |
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Exceptions and reservations |
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Certificates of citizenship |
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5.11 Approach to Investigating a Title |
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87 | (1) |
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5.12 Example Notes on Title |
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87 | (1) |
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5.13 Dealing with Defects on Title |
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88 | (1) |
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5.14 Summary Events on Title |
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89 | (2) |
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91 | (2) |
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Provisional list of land for compulsory purchase: s 13 |
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93 | (70) |
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93 | (2) |
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Standard Law Society Contract/Conditions for Sale |
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6.2 The Situation Pre-Contract: Pre-Contract Enquiries---Preparation of the Contract for Sale |
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95 | (10) |
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Checklist for the purchaser |
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Particulars of vendor: checklist |
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Particulars of purchaser: checklist |
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Non Principal Private Residence Charge (NPPR) |
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Water Services (Amendment) Act, 2012 |
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Building Energy Rating (BER) Certificates |
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6.3 Portions of a Contract for Sale to be Completed by Vendor |
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105 | (17) |
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Non-title information sheet |
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Furnishing the draft contract to the purchaser's solicitor |
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6.4 The Situation Pre-Contract---Purchaser's Pre-Contract Enquiries |
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122 | (5) |
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Enquiries in relation to physical condition and location of property |
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Enquiries arising out of documents including the contract |
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6.5 Execution of the Contract |
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127 | (1) |
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6.6 The Situation Post Contract---The Deposit |
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128 | (1) |
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6.7 The Position Post Contract---Working Towards Completion |
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129 | (2) |
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Documents of title relating to other property |
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131 | (3) |
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Sample notices: General condition 40 |
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6.9 Problems---Resolution and Consequences |
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134 | (29) |
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Forfeiture of deposit and resale |
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Remedies available to vendor/purchaser under the Law Society Contract for sale |
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Appendix 6.1 General Conditions of Sale 2009 Edition |
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137 | (26) |
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7 The Family Home, the Shared Home, and Cohabiting Couples |
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163 | (28) |
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163 | (1) |
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7.2 Protection of Rights of Residence of Spouses and Civil Partners |
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163 | (19) |
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Family Home Protection Act, 1976 |
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Section 54 of the Family Law Act, 1995 Exceptions |
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Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010 Exceptions |
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The meaning of `conveyance' |
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The meaning of `family home' and `shared home' |
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182 | (1) |
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Engagement gifts: ss 3 and 4 |
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7.4 Power of the Court to Deal with Property |
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183 | (2) |
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The family Home Protection Act, 1976 and the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010 |
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The Judicial Separation and Family Law Reform Act, 1989 |
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The Family Law (Divorce) Act, 1996 |
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Registration of court orders |
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7.5 Qualified Cohabitants |
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185 | (1) |
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7.6 Conveyancing Requirements Regarding Cohabitants: Deeds of Confirmation |
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186 | (5) |
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Appendix 7.1 Schedule of Law Society Family Law Declarations |
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187 | (3) |
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Appendix 7.2 Additional Jurats Reflecting the Changes Introduced by S 49 Civil Law (Miscellaneous Provisions) Act, 2008 |
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190 | (1) |
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191 | (26) |
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191 | (1) |
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8.2 Drafting a Deed in Relation to Unregistered Title |
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191 | (11) |
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Specimen deed of conveyance |
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8.3 Drafting a Transfer (A Deed in Relation to Registered Land) |
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202 | (1) |
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8.4 Procedure for Registration of Deeds in the Registry of Deeds |
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202 | (2) |
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Requirement for registration |
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204 | (13) |
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Assignment of entire leasehold interest |
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Assignment of part of a leasehold interest |
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Specimen assignment and conveyance (assurance) |
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Land Registry transfer (freehold folio) |
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Land Registry transfer (transfer of part of folio) |
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Land Registry transfer (leasehold folio) |
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Land Registry transfer (leasehold folio with vesting certificate containing declaration of merger) |
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Land Registry voluntary transfer retaining right of residence |
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Land Registry transfer of family home into joint names of spouses |
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Land Registry transfer of Dublin Corporation house held under transfer order (leasehold folio) |
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Conveyance of a family home subject to a mortgage, by a husband to himself and his wife as joint tenants, the mortgagee participating to release the husband from his sole covenant to pay the mortgage debt and to obtain a joint and several covenant from the husband and the wife |
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Assignment of an unencumbered leasehold interest in a family home by a husband to himself and his wife as joint tenants |
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217 | (42) |
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217 | (1) |
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217 | (2) |
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9.3 Discharge of a Mortgage |
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219 | (1) |
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9.4 Content of the Mortgage Deed |
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220 | (1) |
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221 | (2) |
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223 | (4) |
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Accountable trust receipt |
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Mortgagee selling under power of sale |
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227 | (6) |
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Certificate of title system (2011 edition) |
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9.8 Acting for the Lending Institution |
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233 | (3) |
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No investigation of title |
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Warning: Undertakings in commercial loan transactions |
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9.9 Borrowing by a Company |
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236 | (1) |
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9.10 Insuring the Property |
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237 | (1) |
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237 | (1) |
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237 | (1) |
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9.13 Equity Release Schemes |
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238 | (1) |
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239 | (20) |
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Appointment of a receiver |
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Court order for possession followed by sale |
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Appendix 9.1 Solicitor's Undertaking (2011 edn) |
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240 | (7) |
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Appendix 9.2 Certificate of Title (2011 edn) |
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247 | (4) |
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Appendix 9.3 Approved Guidelines and Agreement (2011 edn) |
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251 | (8) |
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259 | (14) |
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259 | (1) |
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260 | (7) |
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Building Control Register search |
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10.3 Who Carries Out Searches? |
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267 | (1) |
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10.4 When are Searches Carried Out? |
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267 | (1) |
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10.5 What to do with the Result of Searches? |
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268 | (1) |
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268 | (5) |
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Housing estates/new houses |
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273 | (90) |
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11.1 The Planning Authority |
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273 | (5) |
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Planning and Development Act, 2000 |
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Functions of a planning authority |
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278 | (2) |
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Contents of the planning register |
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The register from a conveyancer's point of view |
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11.3 Development Plan and Development |
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280 | (3) |
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Review and variation of development plan |
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Established use, abandoned use, resumption of abandoned use |
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11.4 Exempted Development |
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283 | (8) |
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Development prior to 1 October 1964 |
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Exempt development under s 4 of the 2000 Act |
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Exempt development under the 2001 Regulations |
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Further exemptions for uses: Art 10 |
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Restrictions to the exempted development classes in Parts I, II and III of the Second Schedule |
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Reference to An Bord Pleanala under the 2000 Act, s 5 |
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Application of exempt development regulations to conveyancing solicitors |
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New houses and exempt developments |
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11.5 Application for Planning Permission |
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291 | (9) |
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Why apply for planning permission? |
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Procedure to apply for planning permission |
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Obligation of local authority re planning file |
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Who may comment on the application? |
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Power to impose conditions |
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Conditions in planning permissions from a conveyancing point of view |
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Planning permission by default |
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Permissions for retention of structures or continuance of use |
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300 | (1) |
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300 | (5) |
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Enforcement procedure under the 2000 Act |
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The enforcement notice procedure |
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Section 160---planning injunctions |
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Enforcement from a conveyancing perspective |
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Time limits for enforcement procedures post 2000 Act |
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11.8 Planning Requisitions |
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305 | (17) |
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Building control requisitions |
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Local Government (Multi-Storey Buildings) Act, 1988: Requisition 35 |
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11.9 The Building Control Acts of 1990 and 2007, Building Control Regulations, 1997--2013, and Building Regulations, 1997--2013 |
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322 | (12) |
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Introduction to the Building Control Act, 1990 |
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Application and commencement |
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Exemptions from the Building Control Act, 1990 |
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Exemptions from the need to serve commencement notices |
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Fire safety and disability access certificates |
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Application for fire safety certificate |
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Exemptions to the requirement to obtain a fire safety certificate |
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Dispensations/relaxations |
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Alteration or extension of existing buildings |
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Liability, penalties, and enforcement |
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334 | (10) |
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Production of documentation |
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Building Control Act, 1990 |
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Sample special conditions |
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Consequences of non-disclosure |
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11.11 Architects' Certificates of Compliance |
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344 | (7) |
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Why is an architect's certificate of compliance required? |
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Who should certify compliance? |
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Standard forms of compliance |
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What is the essential information? |
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Integrated Pollution Control (IPC) licensing |
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Certificates of compliance with retention permission |
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11.12 Analysis of Planning Documentation |
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351 | (10) |
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Planning documentation checklist |
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How long does a planning permission last? |
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A general approach to a planning question |
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11.13 Building Energy Rating (BER) Certificates and Display Energy Certificates (DEC) |
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361 | (2) |
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363 | (44) |
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363 | (1) |
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12.2 What is Involved in the Contract to Purchase a New House? |
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364 | (1) |
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12.3 The Building Agreement |
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365 | (12) |
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Breach of unfair terms order |
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12.4 The Contract for Sale/Agreement for Transfer/Conveyance |
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377 | (3) |
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12.5 Stamp Duty and New Houses |
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380 | (4) |
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Purchase of site with connected building agreement |
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New dwellinghouses and apartments with floor area compliance certificates |
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New dwellinghouses with no floor area certificate |
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384 | (9) |
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Original objections and requisitions on title |
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Draft declaration of identity |
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Floor area compliance certificate |
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Indemnity in respect of roads and services |
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Indemnity re footpaths, kerbs, and grass margins |
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Family law declaration/certificate |
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12.7 Documents Required on Completion |
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393 | (2) |
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Checklist of documents required on completion |
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Completion documents for registered land |
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Additional documents for unregistered land |
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12.8 Miscellaneous Matters |
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395 | (1) |
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C2 or tax clearance certificate |
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Optional extensions/garage conversions/conservatories |
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12.9 The Deed of Assurance |
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395 | (2) |
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The deed---registered land |
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The Deed---unregisterd land |
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397 | (3) |
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400 | (7) |
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Purchaser protection pledge |
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The recommended procedure for deposits |
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Stage payments outside the HomeBond insurance scheme |
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HomeBond deposit protection |
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407 | (44) |
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407 | (3) |
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13.2 Compulsory Registration |
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410 | (3) |
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Section 23 of the 1964 Act |
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Section 24 of the 1964 Act |
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Areas prescribed under s 24 |
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Effect of non-registration |
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13.3 First Registration Based on Documentary Title |
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413 | (19) |
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All original deeds and other documents |
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Form 16 affidavit of discovery |
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Dealing with property the subject of a first registration application pending in the Land Registry |
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13.4 First Registration of Title Based on Possession |
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432 | (18) |
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Adjacent property owned by the applicant |
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Overholding on lease or tenancy |
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Areas left out of Land Commission vestings |
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Adverse possession and fee farm rents |
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Adverse possession and trustee applicants |
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Adverse possession against a company |
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Adverse possession against the State |
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Summary of Land Registry requirements |
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Treatment of case by the Authority |
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Applicant dies prior to first registration |
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13.5 Cautions against First Registration |
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450 | (1) |
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14 Dealings with Registered Land |
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451 | (69) |
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451 | (4) |
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What is a register of title? |
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Title subject to equities/Possessory title |
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Basis of registered title |
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14.2 Land Registry Mapping |
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455 | (6) |
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Requirements for maps lodged for registration |
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Conclusiveness of boundaries |
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461 | (3) |
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464 | (5) |
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Lands not purchased under Land Purchase Acts |
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469 | (5) |
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Who may transfer by deed of transfer? |
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Lost transfer of registered land |
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14.6 Long Possession of Registered Land: s 49 |
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474 | (6) |
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Estates of deceased persons |
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Position pending registration |
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14.7 Change of Ownership on Death |
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480 | (6) |
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Sale by personal representative |
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Registration of survivor(s) of joint tenants |
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Registration of successor of a limited owner |
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Transmissions of ownership on death of registered owner |
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14.8 Cautions, Inhibitions, and Priority Searches |
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486 | (8) |
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Difference between cautions and inhibitions |
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14.9 Family Home Protection Act, 1976, the Family Law Acts and the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010 |
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494 | (3) |
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Notice under s 12 of the 1976 Act and s 36 of the 2010 Act |
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Property adjustment orders |
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Transfer into joint names |
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494 | (3) |
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14.10 Land Certificates and Certificates of Charge |
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497 | (1) |
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497 | (1) |
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Section 59(2) of the 1964 Act |
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Labourers Act, 1936, s 17 |
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498 | (4) |
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Conclusiveness of the Register |
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Registration and discharge |
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Extensions to ss 69 and 72 |
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Persons entitled to be registered |
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502 | (5) |
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Companies Registration Office |
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Debentures/floating charges |
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507 | (3) |
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Discharge/release by the owner of charge or burden |
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No ownership of charge registered |
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510 | (4) |
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Administration of estates |
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Priority of judgment mortgage and charges |
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514 | (1) |
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Application for discharge |
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Lis pendens and unregistered transfers |
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515 | (5) |
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First registration of or transfer to a Company |
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Execution of deed of transfer |
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Property of dissolved company |
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520 | (31) |
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520 | (1) |
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521 | (2) |
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15.3 Law Society Objections on Title |
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523 | (1) |
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15.4 Law Society Requisitions on Title |
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523 | (28) |
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Requisition 3 Easements and rights |
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Requisition 4 Obligations/Privileges |
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Requisition 7 Sporting rights |
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Requisition 10 Housing (Private Rented Dwelling) Acts, 1982--1983 |
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Requisition 14 Incumbrances/Proceedings |
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Requisition 15 Voluntary disposition/Bankruptcy |
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Requisition 17 Non-resident vendor |
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Requisition 18 Body corporate vendor |
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Requisition 19 Land Act, 1965 |
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Requisition 20 Unregistered property |
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Requisition 22 Registered property |
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Requisition 30 Safety, health and welfare regulations |
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Requisition 32 Food hygiene regulations |
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Requisition 33 Leasehold/Fee farm grant property |
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Requisition 34 Acquisition of fee simple under Landlord and Tenant (Ground Rents) Act, 1967 |
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Requisition 36 New flats/New managed properties |
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Requisition 37 Second-hand flats/Second-hand managed properties |
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Requisition 38 Tax-based incentives |
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Requisition 39 Milk quotas |
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Requisition 41 Restaurant/Hotel |
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Requisition 42 Special restaurant licence |
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Requisition 43 Dancing, music, and singing |
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Requisition 44 Documents required on closing |
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16 Conveyancing and Taxation |
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551 | (88) |
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551 | (1) |
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16.2 Conveyancing Taxation Checklist |
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551 | (2) |
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Capital acquisitions tax (CAT) |
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The Finance (Local Property Tax) Act, 2012 |
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The Local Government (Charges) Act, 2009 (NPPR) and the Local Government (Household Charges) Act, 2011 |
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553 | (6) |
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The compulsory nature of stamp duty, the Finance Acts 1991 and 2012 and penalties |
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16.4 Residential Property |
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559 | (6) |
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Residential property rates of stamp duty |
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New houses and apartments |
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Stamp duty on contents and fixtures |
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16.5 Mortgage Head of Charge |
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565 | (1) |
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16.6 Lease Head of Charge |
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565 | (1) |
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16.7 Conveyance by Way of a Sub Sale |
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566 | (1) |
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Deeds of family arrangement |
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567 | (2) |
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Stamp duty on gifts---voluntary dispositions inter vivos |
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Information from Property Registration Authority |
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Resting in Contract: s 31A of the SDCA |
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16.9 Exemptions and Reliefs |
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569 | (5) |
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Section 79 SDCA Associated companies |
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Land acquired by approved sport bodies |
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Transfer of stock or marketable securities under E1,000 |
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Transfers between spouses/civil partners certain cohabitants |
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Certain transfers following the dissolution of marriage or civil partnership and certain transfers by cohabitants |
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|
Conveyances on sale and voluntary dispositions to young trained farmers |
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|
Family farm transfer relief |
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Transfers by housing authority or Affordable Home Partnership now stampable |
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574 | (1) |
|
16.11 Particulars Delivered Form |
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|
575 | (1) |
|
16.12 New Stamping System |
|
|
575 | (3) |
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|
578 | (5) |
|
Scope of capital gains tax |
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|
16.14 Enhancement Expenditure |
|
|
583 | (1) |
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|
583 | (9) |
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|
16.16 Capital Acquisitions Tax |
|
|
592 | (1) |
|
The calculation of gift tax and inheritance tax |
|
|
|
Capital acquisitions tax clearance certificates |
|
|
|
16.17 Certificates Relating to Registration of Title Based on Possession. Section 62(2) Capital Acquisitions Tax Consolidation Act, 2003 |
|
|
593 | (1) |
|
16.18 The Local Government (Charges) Act, 2009 (NPPR Charge) |
|
|
594 | (10) |
|
NPPR charge and the position of the legal personal representative |
|
|
|
Abolition of household charges |
|
|
|
The Local Government (Household Charge) Act, 2011 |
|
|
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|
|
604 | (26) |
|
|
|
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|
|
|
Input credit: VCA Part 8 chapter 1 Records |
|
|
|
Freehold and freehold equivalent interests |
|
|
|
Joint option for taxation |
|
|
|
Why would the parties choose to tax a transaction that would otherwise be exempt from VAT? |
|
|
|
|
|
|
|
Capital Goods Scheme---general provisions---VCA Part 8 chapter 2 |
|
|
|
Capital Goods Scheme---interaction with sales |
|
|
|
Category 1B---residential property |
|
|
|
Capital Goods Scheme---residential property |
|
|
|
Supplies of transitional property |
|
|
|
Capital Goods Scheme---transitional properties |
|
|
|
Transitional properties and exempt lettings |
|
|
|
|
|
|
|
|
|
|
630 | (9) |
|
Appendix 16.1 Multiplier table for capital gains tax |
|
|
632 | (2) |
|
Appendix 16.2 Certificates of waiver/exemption/discharge or declaration that legislation does not apply: NPPR, household charge, LPT |
|
|
634 | (5) |
Index |
|
639 | |