Preface |
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Authors |
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Acknowledgements |
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viii | |
New to this 2019 Edition Conveyancing Manual |
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ix | |
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xxiv | |
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Table of European Legislation |
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xxxv | |
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Table of Secondary Legislation |
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xxxvi | |
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xli | |
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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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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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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 | (22) |
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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 | (3) |
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42 | (18) |
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3.1 Ethics and Conveyancing |
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42 | (1) |
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42 | (7) |
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Undertakings and conveyancing Examples |
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Restrictions on undertakings |
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Conclusion on undertakings |
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3.3 Voluntary Conveyances |
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49 | (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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52 | (1) |
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3.5 Conflicts of Interest |
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53 | (2) |
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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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62 | (2) |
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Statutory provision governing open contracts |
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64 | (1) |
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64 | (4) |
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68 | (1) |
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Devolution of unregistered title from the root |
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69 | (2) |
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Compulsory first registration |
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71 | (2) |
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Unregistered freehold title |
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Unregistered leasehold/fee farm grant title |
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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 | (1) |
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76 | (2) |
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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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78 | (1) |
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5.6 Important Statutory Provisions |
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79 | (1) |
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79 | (1) |
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80 | (2) |
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82 | (6) |
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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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88 | (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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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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95 | (3) |
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Provisional list of land for compulsory purchase: s 13 |
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98 | (75) |
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98 | (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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100 | (11) |
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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) |
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6.3 Portions of a Contract for Sale to be Completed by Vendor |
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111 | (20) |
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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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131 | (4) |
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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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135 | (2) |
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6.6 The Situation Post-Contract---The Deposit |
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137 | (1) |
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6.7 The Position Post-Contract---Working Towards Completion |
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137 | (2) |
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Post-contract requisitions |
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Documents of title relating to other property |
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139 | (3) |
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Sample notices: General condition 40 |
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6.9 Problems---Resolution and Consequences |
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142 | (3) |
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Mediation and arbitration |
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Forfeiture of deposit and resale |
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Remedies available to vendor/purchaser under the Law Society |
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Appendix 6.1 Conditions of Sale 2019 Edition |
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145 | (28) |
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7 The Family Home, the Shared Home, and Cohabiting Couples |
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173 | (26) |
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173 | (1) |
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7.2 Protection of Rights of Residence of Spouses and Civil Partners |
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173 | (20) |
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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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193 | (1) |
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Engagement gifts: ss 3 and 4 Broken engagements: s 5 |
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7.4 Power of the Court to Deal with Property |
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194 | (2) |
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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 |
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The Family Law (Divorce) Act, 1996 |
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Reform Act, 1989 Registration of court orders |
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7.5 Qualified Cohabitants |
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196 | (2) |
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7.6 Conveyancing Requirements Regarding Cohabitants: Deeds of Confirmation |
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198 | (1) |
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199 | (27) |
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199 | (1) |
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8.2 Drafting a Deed in Relation to Unregistered Title |
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199 | (12) |
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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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211 | (1) |
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8.4 Procedure for Registration of Deeds in the Registry of Deeds |
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211 | (2) |
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Requirement for registration |
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213 | (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 |
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City Council 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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226 | (50) |
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226 | (1) |
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226 | (2) |
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9.3 Discharge of a Mortgage |
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228 | (1) |
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9.4 Content of the Mortgage Deed |
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229 | (2) |
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231 | (2) |
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233 | (8) |
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Accountable trust receipt (`ATR') |
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Mortgagee selling under power of sale |
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241 | (8) |
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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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249 | (4) |
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No investigation of title |
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Warning: Undertakings in commercial loan transactions |
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9.10 Insuring the Property |
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253 | (1) |
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253 | (1) |
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254 | (1) |
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9.13 Equity Release Schemes |
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255 | (1) |
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255 | (2) |
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Court order for possession followed by sale |
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Appointment of a receiver |
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Appendix 9.1 Solicitor's Undertaking (2011 Edition) |
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257 | (7) |
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Appendix 9.2 Certificate of Title (2011 Edition) |
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264 | (4) |
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Appendix 9.3 Approved Guidelines and Agreement (2011 Edition) |
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268 | (8) |
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276 | (20) |
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276 | (2) |
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278 | (11) |
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Personal Insolvency and Bankruptcy searches |
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Priority entry (searches) |
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10.3 Who Carries Out Searches? |
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289 | (1) |
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10.4 When are Searches Carried Out? |
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289 | (1) |
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10.5 What to do with the Result of Searches? |
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290 | (1) |
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290 | (6) |
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Housing estates/new houses |
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296 | (66) |
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11.1 The Planning Authority |
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296 | (1) |
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Primary and secondary legislation |
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297 | (1) |
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The planning register from a conveyancer's point of view |
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298 | (3) |
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Definition of development |
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Established use, abandoned use, resumption of abandoned use |
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11.4 Exempted Development |
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301 | (1) |
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Application of exempt development regulations and legislation to conveyancing solicitors |
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New houses and exempt developments |
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11.5 Types of Planning Permission |
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302 | (4) |
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306 | (6) |
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Conditions in planning permissions from a conveyancing point of view |
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Conditions regulating development works |
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Conditions restricting future development |
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Conditions incorporating previous permissions |
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Practice Notes on compliance with planning conditions |
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312 | (1) |
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Enforcement from a conveyancing perspective |
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11.8 Planning Requisitions |
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313 | (22) |
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Building Control Acts, 1990 to 2014 and any regulations order or instrument there under (referred to collectively as `the Regulations'): requisition |
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27 | (308) |
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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 |
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28 | |
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Newly erected property: requisition 29 |
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Fire Services Acts, 1981 and 2003 (`the Fire Services Acts'): requisition |
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30 | |
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Environmental: requisition |
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31 | |
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Local Government (Multi-storey Buildings) Act, 1988 (`the 1988 Act'): requisition |
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35 | |
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335 | (12) |
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Production of documentation |
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Certificates/opinions regarding planning permission |
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Sample special conditions |
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Consequences of non-disclosure |
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11.10 Architects' Certificates of Compliance |
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347 | (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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Certificates of compliance with retention permission |
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11.11 Analysis of Planning Documentation |
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354 | (2) |
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Planning documentation checklist |
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How long does a planning permission last? |
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11.12 A General Approach to a Planning Question |
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356 | (3) |
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11.13 Building Energy Rating (`BER') Certificates and Display Energy Certificates (`DEC') |
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359 | (1) |
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11.14 Domestic Septic Tanks |
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360 | (1) |
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11.15 Building Control (Carbon Monoxide Detection) Bill 2014 |
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361 | (1) |
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362 | (46) |
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362 | (1) |
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12.2 What is Involved in the Contract to Purchase a New House? |
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363 | (1) |
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12.3 The Building Agreement |
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364 | (13) |
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Breach of unfair terms order |
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Main provisions of the building agreement |
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12.4 The Contract for Sale/Agreement for Transfer/Conveyance |
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377 | (4) |
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12.5 Stamp Duty and New Houses |
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381 | (4) |
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Purchase of site with connected building agreement |
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New dwelling houses and apartments with floor area compliance certificates |
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385 | (8) |
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Original requisitions on title |
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Draft declaration of identity |
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Indemnity under seal in respect of roads and services |
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Indemnity under seal 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 | (3) |
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The deed---registered land |
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The deed---unregistered land |
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398 | (3) |
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401 | (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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408 | (46) |
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408 | (3) |
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13.2 Compulsory Registration |
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411 | (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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414 | (21) |
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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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435 | (17) |
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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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452 | (2) |
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14 Dealings with Registered Land |
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454 | (72) |
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454 | (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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458 | (6) |
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Requirements for maps lodged for registration |
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Conclusiveness of boundaries |
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464 | (3) |
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467 | (4) |
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Land purchased under the Land |
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Lands not purchased under Land |
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471 | (8) |
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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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479 | (5) |
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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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484 | (7) |
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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 Entry (Search) |
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491 | (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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499 | (2) |
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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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14.10 Land Certificates and Certificates of Charge |
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501 | (1) |
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502 | (1) |
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Section 59(2) of the 1964 Act |
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Housing Act, 1966, s 90 as amended |
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Labourers Act, 1936, s 17 |
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502 | (5) |
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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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507 | (4) |
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Companies Registration Office |
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Debentures/floating charges |
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511 | (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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514 | (5) |
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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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Transfer of a Judgment Mortgage |
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519 | (2) |
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Application for discharge |
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Lis pendens and unregistered transfers |
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521 | (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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Registration of Corporate Bodies |
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526 | (84) |
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526 | (1) |
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15.2 Contract for Sale---General Conditions |
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527 | (3) |
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6 | (1) |
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7 | (1) |
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8 | (522) |
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15.3 Law Society Requisitions on Title |
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530 | (29) |
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Requisition 2 Water services/Local authority services |
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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 Tenancies---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 feed 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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Appendix 15.1 Requisitions on Title 2019 Edition |
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|
559 | (51) |
|
16 Conveyancing and Taxation |
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|
610 | (93) |
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|
610 | (1) |
|
16.2 Conveyancing Taxation Checklist |
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|
610 | (3) |
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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) Art, 2011 |
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|
613 | (8) |
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|
|
The mandatory nature of stamp duty, the Finance Acts, 1991 and 2012, and penalties |
|
|
|
16.4 Residential Property |
|
|
621 | (4) |
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|
|
Residential property rates of stamp duty |
|
|
|
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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|
625 | (1) |
|
16.6 Lease Head of Charge |
|
|
625 | (1) |
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|
16.7 Conveyance by Way of a Sub Sale |
|
|
626 | (1) |
|
|
|
Deeds of family arrangement |
|
|
|
|
627 | (3) |
|
Stamp duty on gifts----voluntary dispositions inter vivos: s 30 of the SDCA |
|
|
|
Information from Property Registration Authority (`PRA') and PRA requirements for folio numbers in stamping certificates |
|
|
|
Resting in contract: s 31A of the SDCA |
|
|
|
16.9 Exemptions and Reliefs |
|
|
630 | (6) |
|
Section 79 SDCA associated companies |
|
|
|
Land acquired by approved sport bodies |
|
|
|
Transfer of stock or marketable securities under 1,000 |
|
|
|
Transfers between spouses/civil partners/certain qualified cohabitants |
|
|
|
Certain transfers following the dissolution of marriage or civil partnership and certain transfers by qualified cohabitants |
|
|
|
Conveyances on sale and voluntary dispositions to young trained farmers |
|
|
|
|
|
Family farm transfer relief |
|
|
|
|
|
|
|
Transfers by housing authority or Affordable Home Partnership now stampable |
|
|
|
|
636 | (1) |
|
16.11 Dealing with Agricultural Land |
|
|
636 | (1) |
|
16.12 New Stamping System |
|
|
637 | (4) |
|
|
|
|
|
|
|
|
|
Recent changes to e-stamping |
|
|
|
Stamping deed of assurance of derelict/uninhabitable property |
|
|
|
|
641 | (5) |
|
Scope of capital gains tax |
|
|
|
|
|
16.14 Enhancement Expenditure |
|
|
646 | (1) |
|
|
646 | (10) |
|
|
|
|
|
|
|
|
|
16.16 Capital Acquisitions Tax |
|
|
656 | (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 (Form CA12) |
|
|
657 | (2) |
|
16.18 The Local Government (Charges) Act, 2009 (NPPR Charge) |
|
|
659 | (13) |
|
Requirements for conveyancing solicitors re nppr as outlined in Law |
|
|
|
|
|
NPPR charge and the position of the legal personal representative |
|
|
|
Abolition of household charges/requirements on closing |
|
|
|
The Local Government (Household Charge) AO, 2011 |
|
|
|
Local Property Tax (`LPT') |
|
|
|
|
672 | (21) |
|
|
|
|
|
|
|
Freehold and freehold equivalent interests |
|
|
|
|
693 | (2) |
|
Appendix 16.1 Multiplier table for capital gains tax |
|
|
695 | (2) |
|
Appendix 16.2 Certificates of waiver/exemption/discharge or declaration that legislation does not apply: NPPR, household charge, LPT |
|
|
697 | (6) |
Index |
|
703 | |