Pre-Contract Investigation of Title:
What Every Conveyancer Needs to Know 

The new edition of the Law Society’s contract for sale applies to all transactions on or after 1st January. It introduces fundamental changes which will have far reaching implications for conveyancing practitioners. In essence, purchasers’ solicitors are now required to investigate title pre-contract.


This section of the seminar will provide you with a practical guide to the key changes:
 
  • When can a purchaser raise valid post contract requisitions?
  • Is the purchaser now under a duty to go beyond title investigation and inspect the planning register and subject property “on the ground” prior to the date of sale?
  • The time limit for raising requisitions post- contract
  • What are the implications for a purchaser who fails to adhere to this time limit?
  • Disputes in relation to whether a requisition or rejoinder has been validly raised or satisfactorily addressed: how will they be resolved?
  • Must a vendor now “act reasonably” in exercising its right to rescind?
  • Is a purchaser deemed to accept a discrepancy between covenants or conditions in any sub-lease and those in any superior lease even if this could give rise to forfeiture or a right of re-entry?
  • Obtaining consent to alienation: Must the vendor use “reasonable endeavours”?
  • Is a purchaser precluded from insisting on a declaration of identity unless it is provided for in the contract?
  • Partial description of the relevant property:  potential pitfalls for the purchaser
  • The extent of the vendor’s obligation to explain searches
  • Does the delivery of an engrossed deed of assurance prejudice any outstanding requisitions or rejoinders raised pursuant to general condition 7?
  • Amendment to the definition of “error”: Does this now include an omission or inaccuracy in the replies to requisitions and rejoinders?
  • What type of disputes or differences are now resolved under alternative dispute resolution procedures?

Complex Conveyancing Transactions 
This section of the seminar will cover the following: 
  • Settlements and Trusts on title pre and post the Land and Conveyancing Law Reform Act 2009
  • How do you protect the interest of a life tenant in property? 
  • Fee Farm Grants
  • Sale and purchase of property from a Ward of Court to include future proposals.
  • Mortgages post the Land and Conveyancing Law Reform Act, 2009 Act
  • Who should give the solicitor’s certificate required by the Land Registry for a non- housing loan mortgage?
  • The appointment of a Receiver.
  • Is documentary evidence of the right to appoint a Receiver required?
  • What conditions should not be accepted in a Receiver contract?
  • Is there any risk of having a charge removed by e- discharge when purchasing from a Receiver?
  • Possible impact on HomeBond
  • If a developer becomes insolvent does this affect HomeBond?
  • Judgment Mortgages: What to do if a judgment mortgage appears on title which is more than twelve years old
  • The official assignee in Bankruptcy.
  • Purchasing from NAMA
  • Are there any issues you should be aware of when purchasing from NAMA?
  • What should you do if a personal insolvency arrangement appears on searches on closing? 
  • Dealing with property of a religious order, diocesan persons and charities.

Complex Land Registry Dealings
This section of the seminar will cover the following: 
  • When is it compulsory to lodge an application for first registration?
  • Documents to lodge with a Form 1 or Form 2 Application.
  • Registration of Burdens on First Registration.
  • What class of title should you apply for?
  • Applications where documents are lost or destroyed.
  • Form 3 -when it is appropriate to use this Form?
  • First Registrations based on Adverse Possession Form 5 or Form 6.
  • Proofs required for an Adverse Possession application.
  • Registration of easements and profits a prendre acquired by prescription
  • How to avoid Land Registry queries

*Avail of our early bird rate of €175 until January 31st*