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 European Legislation |
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xxxvi | |
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Table of Secondary Legislation |
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xxxvii | |
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xliii | |
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1 Introduction to Conveyancing and Systems of Registration |
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1 | (19) |
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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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3 | (1) |
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1.5 The Conveyancing Process |
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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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3 | (2) |
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1.6 Law Society Standard Documentation |
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Objections and requisitions on title |
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5 | (2) |
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1.7 Systems of Registration |
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7 | (8) |
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15 | (1) |
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1.9 Words and Phrases Commonly Used |
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15 | (3) |
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18 | (1) |
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18 | (2) |
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2 Steps in a Conveyancing Transaction |
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20 | (23) |
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20 | (1) |
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2.2 Steps Prior to Formalising a Contract |
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20 | (12) |
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2.3 From Exchange of Binding Contracts to Completion of Transaction |
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32 | (3) |
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35 | (1) |
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2.5 After Completion of the Sale |
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36 | (1) |
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2.6 How Long Should a Solicitor Keep a File in a Conveyancing Transaction? |
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37 | (1) |
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37 | (1) |
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2.8 Purchase of Property---Financial Memo |
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38 | (1) |
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2.9 Chart of Basic Steps in a Residential Conveyancing Transaction |
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39 | (4) |
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43 | (17) |
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3.1 Ethics and Conveyancing |
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43 | (1) |
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Undertakings and conveyancing |
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Restrictions on undertakings |
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Conclusion on undertakings |
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43 | (7) |
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3.3 Voluntary Conveyances |
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Setting up the independent advice |
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50 | (2) |
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3.4 Acting for a Vulnerable Client |
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52 | (2) |
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3.5 Conflicts of Interest |
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54 | (1) |
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Appendix 3.1 Principles Relating to Undertakings |
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55 | (5) |
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60 | (13) |
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60 | (1) |
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60 | (1) |
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61 | (1) |
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4.4 Good Marketable Title |
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61 | (1) |
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Statutory provision governing open contracts |
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62 | (2) |
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64 | (1) |
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64 | (4) |
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Devolution of unregistered title from the root |
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68 | (1) |
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Compulsory first registration |
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69 | (2) |
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Unregistered freehold title |
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Unregistered leasehold/fee farm grant title |
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71 | (2) |
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73 | (25) |
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5.1 Why Investigate Title? |
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73 | (1) |
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73 | (2) |
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5.3 Pre-Contract Enquiries |
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75 | (2) |
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Leasehold unregistered titles |
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Fee farm grants under the Renewable Leasehold Conversion Act, 1849 |
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Freehold unregistered titles |
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77 | (2) |
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5.5 Documents Produced with the Contract |
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79 | (1) |
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5.6 Important Statutory Provisions |
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79 | (1) |
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80 | (1) |
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80 | (3) |
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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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83 | (5) |
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5.10 Investigation of Unregistered Title (Notes on Title) |
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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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88 | (3) |
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5.11 Approach to Investigating a Title |
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91 | (1) |
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5.12 Example Notes on Title |
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92 | (1) |
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5.13 Dealing with Defects on Title |
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92 | (1) |
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5.14 Summary Events on Title |
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93 | (2) |
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Provisional list of land for compulsory |
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95 | (3) |
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98 | (72) |
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Standard Law Society Contract/Conditions for Sale |
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98 | (2) |
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6.2 The Situation Pre-Contract: Pre-Contract Enquiries---Preparation of the Contract for Sale |
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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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Household Charge Local Property Tax |
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Water Services (Amendment) Act, 2012 |
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Building Energy Rating (BER) Certificates General |
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100 | (11) |
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6.3 Portions of a Contract for Sale to be Completed by Vendor |
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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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111 | (18) |
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6.4 The Situation Pre Contract---Purchaser's Pre-Contract Enquiries |
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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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129 | (5) |
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6.5 Execution of the Contract |
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134 | (1) |
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6.6 The Situation Post Contract---The Deposit |
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135 | (1) |
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6.7 The Position Post Contract---Working Towards Completion |
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Documents of title relating to other property |
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136 | (2) |
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Sample notices: General condition 40 |
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138 | (3) |
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6.9 Problems---Resolution and Consequences |
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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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141 | (3) |
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Appendix 6.1 General Conditions of Sale 2009 Edition |
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144 | (26) |
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7 The Family Home, the Shared Home, and Cohabiting Couples |
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170 | (26) |
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170 | (1) |
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7.2 Protection of Rights of Residence of Spouses and Civil Partners |
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Family Home Protection Act, 1976 |
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Section 54 of the Family Law Act, 1995 |
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Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010 |
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The meaning of `conveyance' |
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The meaning of `family home' and `shared home' |
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170 | (19) |
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Engagement gifts: ss 3 and 4 |
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189 | (1) |
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7.4 Power of the Court to Deal with Property |
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The Family Home Protection Act, 1976 and the Civil Partnership and Certain |
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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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190 | (2) |
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7.5 Qualified Cohabitants |
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192 | (2) |
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7.6 Conveyancing Requirements Regarding Cohabitants: Deeds of Confirmation |
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194 | (2) |
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196 | (26) |
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196 | (1) |
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8.2 Drafting a Deed in Relation to Unregistered Title |
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Specimen deed of conveyance |
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196 | (11) |
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8.3 Drafting a Transfer (A Deed in Relation to Registered Land) |
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207 | (1) |
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8.4 Procedure for Registration of Deeds in the Registry of Deeds |
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Requirement of registration |
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207 | (2) |
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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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209 | (13) |
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222 | (46) |
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222 | (1) |
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222 | (2) |
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9.3 Discharge of a Mortgage |
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224 | (1) |
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9.4 Content of the Mortgage Deed |
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225 | (1) |
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226 | (2) |
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Accountable trust receipt (ATR) |
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Mortgagee selling under power of sale |
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228 | (7) |
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Certificate of title system (2011 edition) |
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235 | (7) |
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9.8 Acting for the Lending Institution |
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No investigation of title |
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Warning: Undertakings in commercial loan transactions |
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242 | (3) |
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9.9 Borrowing by a Company |
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245 | (1) |
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9.10 Insuring the Property |
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245 | (1) |
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246 | (1) |
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246 | (1) |
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9.13 Equity Release Schemes |
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247 | (1) |
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Court order for possession followed by sale |
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Appointment of a receiver |
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248 | (1) |
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Appendix 9.1 Solicitor's Undertaking (2011 Edition) |
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249 | (7) |
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Appendix 9.2 Certificate of Title (2011 Edition) |
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256 | (4) |
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Appendix 9.3 Approved Guidelines and Agreement (2011 Edition) |
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260 | (8) |
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268 | (15) |
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268 | (1) |
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Personal Insolvency and Bankruptcy searches |
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Priority entry (searches) |
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269 | (8) |
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10.3 Who Carries Out Searches? |
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277 | (1) |
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10.4 When are Searches Carried Out? |
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277 | (1) |
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10.5 What to do with the Result of Searches? |
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278 | (1) |
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Housing estates/new houses |
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279 | (4) |
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283 | (97) |
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11.1 The Planning Authority |
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Planning and Development Act, 2000 |
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Functions of a planning authority |
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283 | (5) |
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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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288 | (3) |
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11.3 Development Plan and Development |
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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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291 | (3) |
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11.4 Exempted Development |
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Exempt development under s 4 of the 2000 Act |
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Exempt development under the 2001 |
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Regulations 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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294 | (8) |
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11.5 Application for Planning Permission |
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Why apply for planning permission? |
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Procedure to apply for planning permission |
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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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302 | (9) |
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311 | (1) |
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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 injunction |
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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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311 | (4) |
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11.8 Planning Requisition |
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Building Control Acts, 1990 to 2014 and any regulations. Order, or instrument thereunder (referred to collectively as `the regulations'): requisition 27 |
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Safety Health and Welfare at Work (Construction) Regulations 1995, 2001 and 2003, 2006--2013, and 2013 (each the Safety Regulation): requisition 28 |
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Newly erected property: requisition 29 |
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Fire Services Arts, 1981 and 2003 (`the Fire Services Arts'): requisition 30 |
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Environmental: requisition 31 |
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Local Government (Multi-storey Buildings) Act, 1988 (`the 1988 Art'): requisition 35 |
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315 | (21) |
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11.9 The Building Control Acts of 1990 and 2007, Building Control Regulations, 1997--2015. and Building Regulations. 1997--2015 |
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Introduction to the Building Control Art, 1990 |
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Application and commencement |
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Exemptions from the Building Control Art, 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 Dispensations/relaxations |
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Alteration or extension of existing buildings |
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Liability, penalties, and enforcement |
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336 | (13) |
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Production of documentation |
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Building Control Art, 1990 |
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Sample special conditions |
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Consequences of non-disclosure |
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349 | (10) |
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11.11 Architects' Certificates of Compliance |
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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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359 | (7) |
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11.12 Analysis of Planning Documentation |
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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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366 | (11) |
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11.13 Building Energy Rating (BER) Certificates and Display Energy Certificates (DEC) |
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377 | (2) |
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11.14 Domestic Septic Tanks |
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379 | (1) |
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11.15 Building Control (Carbon Monoxide Detection Bill) 2014 |
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379 | (1) |
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380 | (42) |
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380 | (1) |
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12.2 What is Involved in the Contract to Purchase a New House? |
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381 | (1) |
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12.3 The Building Agreement |
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Breach of unfair terms order |
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382 | (12) |
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12.4 The Contract for Sale/Agreement for Transfer/Conveyance |
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394 | (4) |
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12.5 Stamp Duty and New Houses |
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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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398 | (3) |
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Original objections and requisitions on title |
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Draft declaration of identity |
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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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401 | (8) |
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12.7 Documents Required on Completion |
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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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409 | (1) |
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12.8 Miscellaneous Matters |
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C2 or tax clearance certificate |
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Optional extensions/garage conversions/conservatories |
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410 | (1) |
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12.9 The Deed of Assurance |
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The deed---registered land |
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The deed---unregistered land |
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410 | (3) |
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413 | (3) |
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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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416 | (6) |
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422 | (44) |
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422 | (2) |
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13.2 Compulsory Registration |
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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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424 | (41) |
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13.3 First Registration Based on Documentary Title |
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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 me 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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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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Form 5 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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465 | (1) |
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14 Dealings with Registered Land |
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466 | (68) |
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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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466 | (4) |
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14.2 Land Registry Mapping |
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Requirements for maps lodged for registration |
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Conclusiveness of boundaries |
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470 | (6) |
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476 | (3) |
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Land purchased under the Land Purchase Acts |
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Lands not purchased under Land |
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479 | (4) |
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Who may transfer by deed of transfer? |
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Lost transfer of registered land |
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483 | (6) |
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14.6 Lone Possession of Registered Land: s 49 |
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Estates of deceased Persons |
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Position pending registration |
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489 | (5) |
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14.7 Change of Ownership on Death |
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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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494 | (6) |
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14.8 Cautions. Inhibitions, and Priority Entry (Search) |
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Difference between cautions and inhibitions |
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500 | (8) |
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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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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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508 | (3) |
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14.10 Land Certificates and Certificates of Charge |
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511 | (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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511 | (1) |
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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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512 | (4) |
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Companies Registration Office |
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Debentures/floating charges |
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516 | (4) |
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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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520 | (3) |
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Administration of estates |
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Judgments capable of registration |
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Priority of judgment mortgage and charges |
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523 | (5) |
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Application for discharge |
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Lis pendens and unregistered transfers |
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528 | (2) |
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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 Charges |
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530 | (4) |
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534 | (31) |
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534 | (1) |
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535 | (2) |
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15.3 Law Society Objections on Title |
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537 | (1) |
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15.4 Law Society Requisitions on Title |
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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 9 Tenancies---commercial and residential |
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Requisition 10 Tenacies---residential only |
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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 Acts, 1965 to 2005 |
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Requisition 20 Unregistered property |
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Requisition 22 Registered property |
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Requisition 28 Safety, health and welfare at work (construction) regulations, 1995, 2001 and 2003, 2006 to 2013 (`safety regulations') |
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Requisition 32 Food and food hygiene |
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Requisition 33 Leasehold/Fee farm grant property |
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Requisition 34 Acquisition of fee simple |
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Requisition 36 New or second-hand property in a managed development to which Multi-Unit Developments Act, 2011 (Mud Act) applies |
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Requisition 37 New or second-hand property in a managed development to which the Multi-Unit Developments Act 2011 (Mud Act) does not apply |
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Requisition 38 Tax-based incentives |
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Requisition 39 The NAMA Act |
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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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537 | (28) |
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16 Conveyancing and Taxation |
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565 | (94) |
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565 | (1) |
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16.2 Conveyancins Taxation Checklist |
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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 |
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Government (Household Charges) Act, 2011 |
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565 | (3) |
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The mandatory nature of stamp duty, the Finance Acts 1991 and 2012, and penalties |
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568 | (7) |
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16.4 Residential Property |
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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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575 | (6) |
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16.5 Mortgage Head of Charge |
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581 | (1) |
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16.6 Lease Head of Charge |
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581 | (1) |
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16.7 Conveyance by Way of a Sub Sale |
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Deeds of family arrangement |
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582 | (1) |
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Stamp duty on gifts---voluntary dispositions inter vivos: s 30 of the SDCA |
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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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583 | (2) |
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16.9 Exemptions and Reliefs |
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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 1,000 |
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Transfers between spouses/civil partners/certain qualified cohabitants |
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Certain transfers following the dissolution of marriage or civil partnership and certain transfers by qualified 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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585 | (6) |
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591 | (1) |
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16.11 Dealing with Agricultural Land |
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591 | (1) |
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16.12 New Stamping System |
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Recent changes to e-stamping |
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591 | (4) |
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Scope of capital gains tax |
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595 | (5) |
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16.14 Enhancement Expenditure |
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600 | (1) |
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600 | (10) |
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16.16 Capital Acquisitions Tax |
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The calculation of gilt tax and inheritance tax |
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Capital acquisitions tax clearance certificates |
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610 | (1) |
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16.17 Certificates Relating to Registration of Title Based on Possession. Section 62(2) Capital Acquisitions Tax Consolidation Act, 2003 (Form CA12) |
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611 | (1) |
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16.18 The Local Government (Charges) Act, 2009 (NPPR Charge) |
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Requirements for conveyancing solicitors re NPPR as outlined in law society guidelines |
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NPPR charge and the position of the legal personal representative |
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Abolition of household charges |
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The Local Government (Household Charge) Act, 2011 |
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612 | (12) |
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Freehold and freehold equivalent interests |
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624 | (26) |
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650 | (9) |
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Appendix 16.1 Multiplier table for capital gains tax |
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652 | (2) |
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Appendix 16.2 Certificates of waiver/exemption/discharge or declaration that legislation does not apply: NPPR, household charge, LPT |
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654 | (5) |
Index |
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659 | |