The Gazette 1992

GAZETTE

JUNE 1992

Registration of Rights

Appurtenant to Registered Land

Practitioners are advised that if they

require appurtenant rights to be

registered on a folio this can be done

by including a request for same

when lodging their dealings. The

Land Registry would prefer the

request to go on a separate Form 17.

The fee is £10.00.

The Land Registry have

recommended that this procedure is

not

followed in the case of

registration of appurtenant rights in

respect of houses on housing estates

(as huge delays would be caused in

registering same).

For the convenience of practitioners

and colleagues, and to avoid the

subsequent necessity of obtaining

certified copy instruments,

practitioners are advised when

making an application for

registration of appurtenant rights to

lodge a certified copy of the

instrument creating the right with

the request that it be date stamped

and returned by the Land Registry

when the dealing is completed, to be

placed with the title deeds. This

suggestion has been put to the Land

Registry and has met with a

favourable response.

General Conditions of Sale

Many practitioners now issue

General Conditions of Sale or parts

thereof which have been produced by

a word processor. The Conveyancing

Committee recommends that

contracts produced in this way

should indicate the edition from

which the general conditions are

taken so that practitioners who

receive these contracts are assured

that the most up to date edition is

being utilised. A previous

recommendation was made by the

Committee that these contracts

should bear a caveat which is

reproduced hereunder. The

Committee wishes to remind

practitioners that all contracts

produced by a word processor should

bear this warning.

This contract shall be read as if it

contained unamended

the

Incorporated Law Society General

Conditions of Sale (

)* Edition.

Permission to reproduce these

conditions has been obtained from

the Incorporated Law Society whose

copyright in these conditions is

acknowledged.

* insert date of appropriate edition.

Conveyancing

Committee

Freedom for President to choose

Arbitrators

It has come to the notice of the

Society that in a number of cases,

particularly in commercial leases,

arbitration clauses are being included

which, while providing that the

President of the Law Society is to be

the appointor of the arbitrator,

restrict significantly his powers of

choice of arbitrator.

A particular example in current use

provides "the parties in dispute may

stipulate that the arbitrator shall be

appointed from:—

1. fellows of the Institute of

Chartered Accountants in Ireland;

2. members of the Irish Auctioneers

& Valuers Institute; or

3. members of the Society of

Chartered Surveyors in the

Republic of Ireland

as may seem appropriate and if the

parties shall by agreement so

stipulate then the appointment shall

be in accordance with such

stipulation. In default of such

stipulation the arbitrator shall be

appointed from among counsel of

the Senior Bar of the Republic of

Ireland".

The Arbitration Committee of the

Society has recommended to the

Council of the Law Society that

members should be asked not to

include such forms of arbitration

clause in documents prepared by

them. It will be noted that the clause

in question does not authorise the

President to appoint a solicitor as

arbitrator. While the Society is

anxious to encourage the selection of

the President of the Law Society as

the appointor of arbitrators, since

the Society has administrative

procedures in place for the ready

appointment of arbitrators, it is felt

inappropriate that the President of

the Law Society should be

precluded, when making an

appointment, from appointing a

solicitor to act as arbitrator. It is

emphasised that the Society is not

seeking to have solicitors exclusively

appointed as arbitrators but merely

that the President should have an

option when exercising his discretion

to appoint a solicitor where he

believes a solicitor to be the

appropriate person.

General form of Arbitration Clause

The Society's recommended form of

general arbitration clause is as

follows:—

All disputes which arise between the

parties in connection with this

agreement, or the subject matter of

this agreement, shall be decided by

an arbitrator agreed by the parties

or, in default of agreement,

appointed by the President for the

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