Conveyancing

Requisitions III

Planning and Development Requisition 27 deals with planning and development legislation. See the separate sections on this legislation. A buyer will want assurance that the property which he purchases is compliant with planning permission and is not vulnerable to enforcement either by the local authority or a third-party.… Read the rest

Requisitions II

Tax Requisition 17 asks the tax residence status of the seller. It also asks whether certain directions have been made by the Revenue under anti-avoidance legislation in respect of the sale. There exist certain tax provisions whereby resident buyers may be obliged to deduct tax in on payments to sellers. … Read the rest

Requisitions I

Overview Requisitions on title are usually undertaken by use of the standard Law Society form with case-specific additions. The investigation of title in the sense of title as ownership is set out in a separate chapter. … Read the rest

Proving Title

Duty to Deduce Title It is the duty of the seller of the property to prove that there is a good title to the property. This duty is regulated by the terms of the sale contract.… Read the rest

Preliminary Issues

Sale of Real Property The process of transferring ownership of property is known as conveyancing. Only a Practising Solicitor may prepare and draw documents relating to the transfer of real or movable property; procure or attempt to procure the execution by an Irish citizen or document relating to real or movable property outside the Republic of Ireland and the United Kingdom; make an application or lodge a document for registration taking instructions or prepare documents for grant of probate or letters of administration..… Read the rest

Pre-Contract Matters II

Contract and Title Issues A buyer is deemed on notice under the standard conditions of the terms of title on which the property is held. This may include, for example, the terms of the lease under which the property is held, and covenants, rights, conditions, liabilities and restrictions in the title listed in the draft contract. … Read the rest

Pre-Contract Matters I

Relationship to Contract When a contract of purchase is signed, the buyer commits himself unconditionally to buy the property in its actual state and condition subject to the terms and conditions of the title and ownership and the other matters set out in the contract.… Read the rest

Planning Matters

Planning Issues The general planning legislation status of the property should be ascertained. See the separate sections in relation to planning law compliance. The development plan will identify the zoning and the broad types of development which might be developed subject to planning permission.… Read the rest

Investigation of Title

General The process of investigation of title involves the review and examination of the seller’s title with a view to ascertaining that he is in a position to give so-called good title to the buyer. The process is more complex in the case of the unregistered title. … Read the rest

Enforcement

Enforcement of Land Sale Contracts Issues arise in relation to the enforcement of the purchase/sale contract on the part of both buyer and seller. The seller has a significant remedy in that he may forfeit the deposit for breach.… Read the rest