The Gazette 1981

SEPTEMBER 1981

GAZETTE

Conveyancing Note 10% Deposit on Execution of Contract In recent years the practice has developed that Vendors accept deposits of 10% on the execution of Contracts for the sale of property by private treaty. As most Purchasers are dependent on 9 0% loans to enable them to complete their purchases, the Conveyancing Committee of the Law Society recommend that this should become standard practice, except in exceptional circumstances, such as where there is a long closing date or a Purchase in trust for an undisclosed principal or the purchase price is small. Comment (Continued from p. 155) Z Section 4 has its proper place in our local government structure to ensure that their certain decision-making powers are retained by the elected members, in order to provide some alternative to bureaucratic decision-making. An Bord Pleanala already provides this alternative in the case of planning decisions. There is a clear case for the introduction of legislation to remove planning decisions from the scope of Section 4 of the City and County Management Act, 1 9 5 5 .D

Birth, Marriage and Death Certificates

By reason of recent difficulties in procuring Certificates in relation to Births, Marriages and Deaths, the Dublin Solicitors' Bar Association has been in correspondence with the General Register Office. In correspondence with Mr. Andrew F. Smyth, President of the Bar Association, it has been confirmed that there has recently been a build-up of work due to the large volume of correspondence and applications for Certificates being handled by the office. The present average waiting time appears to be approximately five weeks. The Registrar is taking steps in an endeavour to reduce the waiting period and is confident that the situation is gradually improving. It appears that applicants for Certificates are informed of the likely delay and, if they require their Certificates more quickly, are advised to apply to the Superintendent Registrar's Offices for the counties in which the events took place. These offices, because they cater for events in their own counties only, are not subject to the same pressures as the Dublin offices. It is pointed out, however, that local Superintendent Registrars do not normally have custody of non-Catholic Marriage records and, in such cases, special arrangements are made for the issue of such Certificates as quickly as possible from the General Register Office. The Superintendent Registrar's Office at Pearse Street, Dublin has been endeavouring to provide Certificates over the counter to all personal callers, but has been having serious difficulty in coping with demand and in accommodating the public in the office, while waiting. Applicants are now being encouraged to leave their applications and have Certificates sent on to them through the post. By this means, the need for people to wait for lengthy periods at the office has been reduced and, because the office now closes earlier and the staff are working overtime, all Certificates are now being issued within a few days of the receipt of applications, whether through the post or otherwise. If an applicant to the General Register Office in Dublin has a really pressing need for a Marriage Certificate as, for example, in the completion of the sale of a house, then, upon this fact being explained to the General Register Office, every effort will be made to issue the Certificate in the minimum possible time. •

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Land Registry — Solicitors Certificate as to Title

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The Land Registry Rules 1 9 72 (Rules 19 and 35) provide for First Registration of property and Discharge of Equities on foot of a Solicitors Certificate as to Title when on a sale (or an acquisition by a Statutory Authority) the purchase money (or compensation) does not exceed £ 2 5 , 0 0 0. The Land Registration Rules, 1981 have extended this limit to £ 5 0 , 0 0 0 as and from the 4th day of August 1981.

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