3rd edition
Conveyancing Handbook

CONTENTS

Chapter 1FAMILY LAW MATTERS
1.1Registration of a notice under the FHPA 1976 in the Registry of Deeds
1.2Precedent for registration of a notice in the Registry of Deeds under S.12 of the FHPA 1976
1.3FHPA, 1976 — evidencing spouse’s consent
1.4FHPA — consent of a minor
1.4FHPA — absence of supporting evidence to spouse’s consent
1.5Section 14 of the FHPA, 1976
1.6An unmarried company?
1.7FHPA, 1976 — transfer of sites for dwelling houses — certificates for Land Registry
1.8Proof of FHPA consent in separation
1.9Family Law Act 1981
1.10Consent of spouses; personal representatives
1.11Gifts and inheritances between spouses, transfer between spouses — evidence of status
1.12FHPA — powers of attorney
1.12Stamp duty on memorials
1.13FHPA, 1976 as amended by the FLA, 1995
1.17FHPA, 1976 as amended, Powers of Attorney Act, 1996 — consents and declarations
1.19Solicitors’ certificates -v- family law declarations
1.20Removal of notice of marriage from folio
1.21Restrictions eased on use of family law court orders
1.22Property not a family home — spouse should provide family law declaration
1.24Family law declarations — reviewable dispositions
Chapter 2UNDERTAKINGS
2.1Letter of undertaking
2.2Undertakings
2.4Undertakings in the agreed form between the Incorporated Law Society and the Irish Banks Standing Committee
2.6Probate and administration
2.7Revenue undertakings — publicans’ licences
2.7Undertaking to Revenue: tax clearance certificates re: sale of licensed premises
2.8Certificates of title in residential (non-commercial) conveyancing
2.8Law Society booklet on undertakings
2.8Undertakings given in certificate of title cases
2.9Undertakings: house in the course of construction — a reminder
2.10Undertakings re: timber-framed houses
2.11Transfer of conveyancing file to new solicitor where client’s title is not yet registered
2.13Undertaking re: timber-framed houses — a reminder
Chapter 3LAND REGISTRY AND LAND ACTS MATTERS
3.1Supply of maps
3.1Leases carved out of folios
3.2Identification
3.3Vesting certificates
3.4Land certificates
3.5Land Registry map
3.5Land Commission consents — general consent to sub-division
3.6Section 45, Land Act 1965
3.7Land Act 1965
3.8Land Registry dealing numbers
3.9Land Registry folio numbers
3.10Undertaking to discharge Land Registry queries on transfer of registered land
3.11Land Registry mapping
3.12Extension of period of validity of sub-division consents
3.13Maps acceptable to the Land Registry in subdivision cases
3.14No pending dealings
3.14Section 72 declarations — secretarial companies
3.15Land Act 1965 — rights of establishment
3.16The Land Act 1984
3.17Land Registry — execution of affidavits abroad for registration purposes
3.18Exempted “Towns” under Section 45 Land Act 1965
3.19Exempted “Towns” under Section 45 Land Act 1965: county index to exemption
3.21Land Registry scheme maps: approval “subject to conflict”
3.22Certificate of no deaths or voluntary dispositions on title
3.23Land Registry — application for a new folio for part of registered land not involving a change of ownership
3.24Land Registry: common omissions and errors in lodging applications for registration
3.25Registration of rights appurtenant to registered land
3.26Certificate as to no deaths or voluntary dispositions  / certificates of no dealings pending / undertaking to discharge Land Registry queries
3.28Obligations of vendor’s solicitor in relation to the explanation of non-monetary burdens which appear on folios or appear as “acts” on Registry of Deeds searches
3.30Certificate of no dealings pending
3.31S.I. No. 67 of 1994 — Land Act, 1965 (Additional Category of Qualified Person) Regulations, 1994
3.32Possessory title applications, Section 146 Finance Act, 1994
3.33Cancellation of family law burdens registered on folios
3.34Cancellation of land certificates on change of ownership
3.35Land Act 2005 — repeal of Sections 12 and 45 of the Land Act, 1965
3.37Proposed changes to law on adverse possession
3.38Draft Land and Conveyancing Bill 2005 — adverse possession
3.39Registration of Deeds and Title Act 2006
3.41Liens — register them or lose them
Chapter 4LANDLORD AND TENANT
4.1Leases of Dellinghouses 1978 (No. 1) Act
4.2Proof of compliance with covenants in lease reserving nominal ground rent
4.3Fee farm grants
4.4Guidelines re: lessor’s title
4.6Notes on service charge clauses in commercial leases
4.13Trap for solicitors in rent review clauses
4.14Landlord and Tenant Act 1980 — use of caretaker’s agreement
4.17Arrears of ground rent
4.19Notices to quit
4.20Landlord and Tenant (Amendment) Act, 1994 — renunciation
4.21Law Society rent review clauses
4.22Guidelines re: landlord’s title
4.23Pre-lease enquiries or check list
4.31Renunciation under S.191 Residential Tenancies Act 2004
Chapter 5NEW HOUSES/HOMEBOND/BUILDERS AND NEGATIVE SEARCHES FOR HOUSING DEVELOPMENTS
5.1HomeBond / guarantee
5.5Negative searches
5.6Houses constructed by direct labour — practice of the Irish Permanent Building Society
5.7Unregistered titles
5.8Building development
5.8Properties on housing estates
5.9Negative searches and builders
5.9Estate services
5.10Certificates of title in relation to houses in the course of construction
5.10New house grants
5.10Doctrine of caveat emptor with regard to the structure of a property
5.11Building contract for “once-off” houses
5.13Building contracts — lending institution’s requirements
5.14New house grants for first-time purchasers
5.14New house grants
5.15Return of completed building contract / agreement for sale
5.16HomeBond protection — stage payments
5.17Statutory Instrument No. 85 of 1997 — Solicitors (Professional Practice, Conduct and Discipline) Regulations 1997
5.18New houses — HomeBond and deposit cheques
5.19Re: closing of sales without guarantee certificates
5.20Client memorandum on HomeBond
5.25HomeBond warning
5.27Premier guarantee scheme
5.28Unfair terms in building agreements
5.29Hybrid agreements for sale of new houses
5.30Indemnity re. roads, services
5.31New houses and exempted development
5.32Land Registry approved scheme maps
5.33Acting for both vendor and purchaser in sale and purchase of new houses and apartments: notice to all practising solicitors
5.35Breach of unfair terms order may be deemed to be misconduct
5.36Retention of units in apartment development by developer: stamp duty treatment and precedent documentation
5.37Land Registry booklets of title on CD-Rom for new houses
Chapter 6FARM MATTERS
6.1New Farm Retirement Scheme
6.2New Farm Retirement Scheme
6.10Milk Quota Regulations 2004
6.15Installation Aid Scheme for young farmers
6.16Single Payment Scheme for farmers
Chapter 7PLANNING
7.1Certificates of compliance with planning permission
7.2Planning permissions — certificates of compliance
7.3Architects’ certificates
7.4Houses held under transfer orders — consent to extensions
7.5Architects’ certificates
7.7Exempted developments
7.8Building bye-laws approval
7.9Fire Services Act, 1981
7.10House extension — failure to obtain building bye-laws approval
7.11Bye-law approvals
7.12Compliance with planning conditions when estate in charge
7.13Planning permission — exempted developments
7.14Certificates of compliance with planning permission — from what date must they be obtained?
7.14Certificates of compliance
7.15Exempted developments
7.16Local Government (Multi-Storey Buildings) Act, 1988
7.17Statement of payment of compensation — Local Government (Planning & Development) Act, 1990
7.18Building Control Act and building regulations
7.271992 Planning Act — new time limits
7.32Private residential property and clause 36 of the contract for sale
7.33The Law Society’s standard general conditions of sale
7.34Planning / building regulations — forms of certificate of compliance
7.53Who should certify compliance?
7.57Pre-contract requisitions and requisitions on title — Building Control Act, 1990, Building Control Regulations 1991 & Building Regulations 1991
7.61Law Society/RIAI: agreed statement — planning permission — opinions on compliance
7.62Architects’ certificates of opinion on compliance: reliance on confirmations from other professionals
7.63Retention permission — certificate of compliance needed?
7.64Safety files
7.73Building control
7.82Safety files and once-off houses
7.85Retention permission — dwellinghouses — certificate of compliance?
7.86Retention of building bye-law records: Dublin Corporation
7.86Warning:  IEI/ACEI certificate of compliance
7.87Conditions in planning permissions re sight lines: new problems for conveyancers
7.89New RIAI Form 1B (Apartments)
7.90Compliance with planning conditions
7.91New houses and exempted development
7.92Withering permissions — Planning and Development (Amendment) Act, 2002
7.93Pre-contract enquiries regarding protected habitats
7.94Planning condition requiring residence or employment of applicant in planning authority area
7.96Sight lines:  new problems for property owners and their conveyancers
7.98Evidence of compliance with planning conditions re. social/affordable housing
7.99RIAI ‘on-line’ opinions on compliance
Chapter 8VAT
8.1VAT on lending institutions’ solicitors’ fees — change of practice
8.2VAT on management charges for office and shop properties
8.6VAT on property transactions — a word of warning
8.7New regime for VAT on property transactions
8.9Requisitions on title — value added tax, explanatory memorandum
8.15New VAT clause in contract for sale, 2001 (revised) edition
Chapter 9STAMP DUTY
9.1Transfers between related persons — application of 1% duty
9.1Stamp duty on assents
9.2Fraudulent contracts — a caution
9.3Adjudication of stamp duty
9.7Stamp duty on new houses
9.8Stamp duties — the Finance Act, 1990
9.9Finance Act 1991, Sections 80 to 111 — stamp duties
9.11Stamp duty on memorials
9.12Penalties for late payment of stamp duties — notice from Revenue Commissioners
9.14Stamp duty evasion
9.15Clawback of stamp duty exemption/partial relief
9.16New system for stamping deeds
9.19New stamping system
9.21Stamp duty:  transitional arrangements (Finance No. 2 Act, 2000)
9.22Finance (No. 2) Act, 2000 and Finance Act 2001
9.23Revenue certificates in assurances between spouses on separation or divorce
9.24Stamp duty claw back, rules for investors
9.26Stamp duty — floor area compliance certificate
9.27Stamp duty:  floor area compliance certificates
9.29Stamp duty relief — floor area compliance certificates:  a follow up
9.30Stamp duty reliefs — Finance Act 2005
9.38Stamp duty where consideration for a sale or lease includes VAT
9.39Stamp duty certificates where consideration exceeds the top stamp duty threshold
9.40Floor area compliance certificates on closing
9.42Interlinked contracts and stamp duty
9.43Stamp duty treatment of rent review memorandum
Chapter 10CAPITAL ACQUISITIONS TAX / CAPITAL GAINS TAX / FARM TAX / RESIDENTIAL PROPERTY TAX
10.1Capital gains tax
10.2Capital gains tax — new houses
10.3Dealing in land — a new risk for purchaser’s solicitors
10.5Dealing in land
10.7Farm tax
10.9Gifts and inheritances between spouses, transfers between spouses, evidence of status
10.10Gifts and inheritances between spouses
10.11Certificates of  discharge from CAT
10.12Residential property tax / probate tax — requisitions on title
10.13Residential property tax
10.14Residential property tax
10.15CAT clearance certificates
Chapter 11LOANS, MORTGAGES AND CHARGES
11.1Feeding the estoppel / vacate / release
11.3Discharge of mortgages out of proceeds of sale
11.4Conditions in loan approval
11.5Dublin Corporation and Dublin County Council mortgages
11.6Houses constructed by direct labour — practice of the Irish Permanent Building Society
11.7Checking identity
11.8Building society vacated mortgages
11.9Feeding the estoppel
11.11Undertakings to discharge mortgage on completion of sale
11.12Mortgagees’ solicitors and their borrowers — conflict of interest
11.13Combined drainage agreements — a charge on property
11.14Companies Office — Registration of Charges
11.16Mortgagees’ solicitors and their borrowers — conflict of interest — follow up
11.17Mortgagees’ solicitors and their borrowers — conflict of interest — clarification
11.19Release of bank mortgages
11.20Liability of vendor to discharge land purchase annuity
11.21Sale by mortgagee
11.24Redemption of mortgages and title documents
11.25S. 18 Housing Act, 1998 — release of mortgages
11.26Standard form bank debentures
11.27Insurance premium refunds arising on mortgage redemptions
11.28Certificates of title
11.29Discharge of vendors’ mortgages on completion of sales
11.29Certificates of title in residential (non-commercial) conveyancing
11.30Solicitors acting for borrowers
11.31Certificates of title in residential (non-commercial) conveyancing
11.33Undertakings: house in the course of construction — a reminder
11.34Mortgage redemption figures
11.35Equity release for the elderly:  preliminary information note
11.36Equity release schemes — a follow up
11.39Electronic transfer of funds
11.40Certificates of title in commercial lending
11.42Undertaking to furnish discharge / Land Registry certificate of charge
11.43Certificate of title system and Land Registry form 17
11.44Dating of certificate of title
11.45Endorsement of cheques
Chapter 12CONTRACT FOR SALE
12.1Completion before assurance
12.110% deposit on execution of contract
12.2Issue of contracts to auctioneers in private treaty sales
12.3Deposits on sale of residential property
12.4Apportionment of purchase monies between the property and the contents
12.6Deposits in sale generally
12.7Sale by private treaty — issue of contracts to auctioneers
12.8Purchaser’s solicitor’s pre contract check list on acquisition of private dwellinghouse
12.10Documents schedule in conditions of sale
12.11Intoxicating liquor licences — apportionment
12.12Conditions of sale (1991 edition)
12.13The Law Society’s standard general conditions of sale
12.14Amendments to conveyancing contracts before execution by a purchaser
12.14Possession prior to closing
12.15Practice of not providing a full contract
12.16Contents of documents schedule in conditions of sale
12.17New general conditions of sale — 1995 edition
12.21General conditions of sale
12.22General conditions of sale
12.23Lodgement of deposit cheque pending exchange of contract
12.24Deduction of tax from payments of interest
12.25Contents of documents schedule in conditions of sale — a reminder
12.27Law Society general conditions of sale
12.28Issuing of more than one contract for sale
12.28Refund if contract signed unamended within 7 days
12.29Contract closing dates
12.29Law Society general conditions of sale / building agreement
12.30Law Society general conditions of sale — 2001 edition — explanatory memorandum
12.32Amendments to conditions of sale, 2001 edition
12.33Hybrid agreements for sale of new houses
12.33Pre-contract enquiries
12.34Pre-contract enquiries regarding protected habitats
12.35New VAT clause in contract for sale, 2001 (revised) edition: explanatory memorandum
12.36Special conditions in contracts for sale
12.38Use of  “entire agreement” clauses in contracts for sale of residential property
12.39Non-personal closing
Chapter 13SEARCHES AND MISCELLANEOUS MATTERS
13.1Registry of Deeds
13.2Interest on client accounts
13.3Use of Vendor and Purchaser Act summons procedure
13.5Declaration of  solvency
13.5Searches
13.6Statute of limitations — deceased owner — recovery of land
13.7Pre-contract search by purchasers
13.7Insurance block policy
13.8Need to make companies office searches against builder /vendor
13.9Closing of a sale by post
13.11Purchasing from liquidator or receiver
13.13Roche -v- Peilow — follow up — deposits and stage payments on new residential properties
13.14Client funds on deposit receipt
13.16Solicitor’s Remuneration General Order, 1986 S.I. No. 379 of 1986
13.17Sale by receiver
13.17Closing by post
13.18Roads-in-charge certificates — are they too expensive?
13.19Roads in charge certificates
13.19Housing (Rent Tribunal) Regulations
13.20Evidence that roads and services are in charge of the local authority
13.21Powers of Attorney Act, 1996: enduring powers of attorney
13.22Requisitions on title — 1996 edition — notes
13.29Local Government (Multi-Storey Buildings) Act 1988
13.31Memorials in Registry of Deeds — list of queries arising most frequently
13.32Derelict Sites Act 1990
13.33Hotel licences
13.35Hotel licences
13.36Directors dealing with company — Section 29 Companies Act, 1990
13.38Automatic renewal of intoxicating liquor licence
13.39The doctrine of caveat emptor with regard to the structure of a property
13.40CORT
13.41Renewal of liquor licences - 1992 — tax clearance certificate
13.42Local authority — shared ownership scheme
13.43Farm Retirement Scheme
13.46Sale by a receiver
13.46Closing sales by bank drafts
13.47Particulars delivered (PD) forms
13.48Sale of licensed premises — tax clearance certificates
13.50Conveyancing: expert witnesses
13.53Postal closings
13.55Insurance company bonds in relation to lost documents and defects on title
13.58Disclaimers on intestacy
13.59Assents and the decision in Mohan-v-Roche
13.60Obligations of vendor’s solicitor in relation to the explanation of non-monetary burdens which appear on folios or appear as “acts” on Registry of Deeds searches
13.62Voluntary dispositions/bankruptcy
13.65Disclaimers on intestacy
13.67Revision of Law Society’s requisitions on title — 1996 edition
13.68Enduring powers of attorney
13.69Joint carriage of sale
13.72Insurance on apartments or quasi-apartments
13.74Foreign lawyer’s opinion
13.78Conveyancing in euro
13.83Law Society requisitions on title — 2001 edition — explanatory memorandum
13.85Voluntary transfers
13.87New form C1 replaces form 47 for registration of mortgages / charges in the Companies Office
13.87Foreign lawyers’ opinions — an update
13.88Proposed Ordnance Survey annual licence fee
13.89The presumption of undue influence
13.91Deeds vesting common areas in management companies
13.92Disclaimers on intestacy
13.94“Section 23” type properties
13.95Registry of Deeds: requirement for county to be included in deed and memorial
13.96Endorsement of cheques
13.97Electronic searches in Land Registry
13.98Proposed changes to law on adverse possession
13.99Draft Land and Conveyancing Bill 2005 — adverse possession
13.100Transfer of conveyancing file to new solicitor where client’s title is not yet registered
13.102Non-personal closing
13.105Land Registry booklets of title on CD-Rom for new houses
Appendix 1PRECEDENT FAMILY LAW DECLARATIONS
A1.3Form 1  Husband and wife, property a family home
A1.5Form 2  Husband and wife, property not a family home
A1.7Form 3  Husband and wife, site without a building not a family home
A1.9Form 4  Husband and wife, property a family home, owned by only one of them
A1.11Form 5  Single person, property not a family home
A1.13Form 6  Legal personal representative, property not a family home
A1.15Form 7  Widow/widower, property not a family home
A1.17Form 8  Property not a family home, husband and wife separated
A1.19Form 9  Single person, property not a family home, decree of nullity granted
A1.21Form 10  Property not a family home, owned by company, full commercial use
A1.23Form 11  Single person, property not a family home, decree of divorce granted
A1.25Form 12  Husband and wife, property a family home, either previously married but previous marriage dissolved
A1.27Form 13  Declaration for purposes of S.54 (1) (B) of FLA 1995
Appendix 2STANDARD RENT REVIEW CLAUSES
A2.1Standard rent review clauses
Appendix 3SPECIMEN RIAI ARCHITECT’S OPINIONS ON COMPLIANCE
A3.1Form 1 Building regulations (design and construction)
A3.9Form 1A Building regulations (design, no inspection during construction, no (Apartments) administration of building contract)
A3.16Form 1B Building regulations (architectural service provided (design and (Apartments) construction))
A3.24Form 2 Building regulations (design only where fire safety certificate not required)
A3.29Form 3 Exemption from building regulations
A3.33Form 4 Planning permission and/or exemption from planning control
A3.40Form 5 Planning permission and/or exemption from planning control and/or bye law approval
Appendix 4REVENUE COMMISSIONERS’ STATEMENTS OF PRACTICE:
STAMP DUTY
A4.1SP — SD 2/90 — Stamp duty on purchases of new residential properties
A4.4SP — SD 3/90 — Agreements as to payment of stamp duty on instruments (composition agreements)
A4.6SP — SD 4/90 — Stamp duty — revised stamping procedures
A4.7SP — SD 1/91 — Collection And Enforcement Of Stamp Duty
A4.17SP — SD 1/92 — Amnesty for stamp duties
A4.21SP — SD 2/92 — Use of registered post in stamp duty
A4.25SP — SD 3/92 — Stamp duty on mortgages and further advances
A4.29SP — SD 1/96 — Procedures under S.113, Finance Act, 1996 — exempt new houses
A4.31(Explanatory  Stamp Duty (Finance (No. 2) Act, 1998) — conveyances and leaflet) leases of residential property
A4.38Leaflet SD6 - Stamp duty changes, Finance Act, 1999
A4.42SP — SD7 - Stamp Duties Consolidation Act, 1999 — certificates required in deeds
A4.48SP — SD8 - New stamping system
A4.52SP — SD9A -  Conveyances and leases of residential property — Finance (No. 2) Act, 2000
A4.59LAW SOCIETY UPDATE (2006)
Appendix 5REVENUE COMMISSIONERS’ STATEMENTS OF PRACTICE: CAPITAL  AQUISITIONS TAX
A5.1SP — CAT/1/90 — Postponement of tax and registration of charge
A5.2SP — CAT/2/90 — Computation of tax — aggregation and indexation
A5.7SP — CAT/3/90 — Section 60 policies
A5.12SP — CAT/1/91 — Indexation
A5.13SP — CAT/2/91 — Section 60 policies, Section 119 policies
A5.23SP — CAT/1/92 — Indexation
A5.24SP — CAT/1/93 — Indexation
A5.25SP — CAT/1/94 — Indexation
A5.26SP — CAT/1/95 — Indexation
A5.27SP — CAT/1/96 — Indexation
A5.28SP — CAT/1/97 — Indexation
A5.29LAW SOCIETY UPDATE (2006)

Appendix 6UNDERTAKINGS
Irish Bankers’ Federation undertakings
A6.1Form 1 (white) Inspection and return of documents
A6.3Form 2 (pink) Sale or mortgage, account for net proceeds
A6.7Form 3 (blue) Deliver deeds to bank following purchase or refinancing
A6.11Form 4 (yellow) Bridging finance
Appendix 7LAW SOCIETY CERTIFICATE OF TITLE DOCUMENTATION
A7.1The Law Society’s certificate of title system (1999 edition) covering letter
A7.4Solicitor’s undertaking, Law Society approved form (1999 edition)
A7.10Certificate of title, Law Society approved form (1999 edition)
A7.13Law Society approved guidelines (1999 edition)
Appendix 8SPECIMEN IEI / ACEI CERTIFICATE OF COMPLIANCE
A8.1Form BRSE 9101 Specimen IEI / ACEI Structural / Civil Chartered Engineer’s Opinion on Compliance with the Building Regulations