The Gazette 1976

GAZETTE

SEP T EM BER 1976

18.1 This Committee was established in November, 1974 to consider amendments required to the Society's Contract for Sale, the Society's Requisitions on Title and also to design a scheme for the sale of Flat Dwellings and to examine generally areas of conveyancing practice where up-dating and change was deemed necessary or desirable. 18.2 It was a rather daunting brief and indeed when the Committee applied itself to its task, the very wide area involved became only too apparent. 18.3 As its first priority the Committee set to the difficult task of amending and up-dating the Society's Contract for Sale. After much consideration and spearheaded by Messrs. Buckley and Curran, Com- mittee Members, the creation of a Contract in a format which could be adopted for Sales either by Private Treaty or Public Auction was undertaken. Ultimately the draft Contract was presented at a Seminar of the Society of Young Solicitors in Killarney in April 1976. Later the final draft was presented at the half-yearly meeting in Tralee in May, 1976. Comments and suggestions from each of the meetings were considered and the final Contract went into print in July of this year and is now available to the profession and in general use. The Contract is designed to meet with a sale by Private Treaty or Public Auction and its terms were designed to create a fair balance between a Vendor and a Purchaser. 18.4 Preparation of the new Requisitions on Title have been delayed by reason of the many changes in legislation which have taken place in the past eighteen months in the field of taxation, planning and family law. A draft of the new Requisitions on Title has been prepared and this draft is presently with Counsel for approval. It is hoped to complete the draft at an early date so that the new Requisitions in final form will be available to the profession in the early part of next year. 18.5 The creation of a scheme for the Sale of Flats has been processed to an advanced stage. Under- standably there are many problems in the relationship between the Developer, the Lessor, the Manage- ment Company or Agency and the Lessee Owner. The draft scheme of documentation has received approval in principle from solicitors acting for Lending Institutions and the draft documents are presently with Counsel for final approval. Again, it is hoped to have the finally approved documentation made available to the profession in the early part of next year. In relation to this project I would like to express appreciation of the help and assistance which the Committee has received from the Society of Chartered Surveyors who have made a very useful contribution, to the solicitors acting for Lending Institutions who have also put forward useful and helpful comments and in particular, to the Sub- c omm i t t ee comprising Mrs. Blanaid O'Brolcháin, Martin Clarke, John Fish and Brian O'Flaherty, who spent many useful hours in preparing the initial draft documentation which was a most onerous task. 18.6 In relation to the Society's Building Contract, the Committee have had useful meetings with the Federation of Builders and discussions are still in progress with a view to having an amended form of Building Contract accepted by the Federation of Builders and for general use in building schemes. 18.7 Mr. Rory O'Donnell has been dealing with the problem of Architect's Certificates which are being sought in respect of new houses and has had meetings with the Architects Association and with the solicitors for Lending Institutions with a view to the preparation of a form of Certificate acceptable to the Association of Architects and to the Lending Institutions. The assistance of Counsel has been sought in this matter and it is hoped that a Certificate in final form, acceptable to all parties concerned, will be available at an early date. 18.8 The most difficult piece of legislation introduced during the year proved to be the Family Home Protection Act. The Act was introduced in the Dáil and became law within a matter of weeks. On the passing of the Act the Committee met, as a matter of urgency, to consider the implications of the Act from a conveyancing point of view and having considered the sections in question, issued a preliminary memorandum by way of warning to the profession as to the problems created by this legislation. Since its introduction it has become only too apparent that the Act has created many involved problems in the Sale of a Family Home from a conveyancing point of view. The various implications of the legislation are still under consideration by the Committee and Counsel's Opinion has been sought in relation to some of the problems which exist and a further memorandum will be issued to the members as soon as the Committee's deliberations have concluded. The Committee may be obliged to make representation to the Minister for Justice seeking some amendments. The Committee will, however, deal with this matter as one of urgency and will communicate with the members further as soon as possible. 18.9 Members of the Committee have since its inception had meetings with the Associated Banks in relation to the practice adopted by the Banks in lending for house purchase and further meetings will be held until an acceptable procedure in this matter has been reached. Various Committee members have from time to time been in contact with the Land Registry and the other Government Departments in relation to problems which have arisen in the conveyancing field and will continue to do so. The Committee is grateful to the officials involved in these areas for their co-operation and consideration in meeting Committee members and discussing problems which arose. In the above circumstances I would like to express my full appreciation of the enthusiasm of the Committee members and thank them for the very valuable contribution which they have made to the work of the Committee in the interests of the members of the Society.

CONVEYANC I NG COMM I T T EE

William A. Osborne, Chairman

John F. Buckley Maurice R. Curran John Maher Francis J. J. Murphy Roderick D. O'Donnell Mrs. Moya Quinlan

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