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GAZETTE
SEPTEMBER 1979
15.8
Land Registry and Registry of Deeds:
Regular contact has been maintained
over the year with offices of the Land Registry. The steps taken to. reorganise the Land
Registry by taking on more mapping staff, giving solicitors an option on the type of maps
required and the sub-division of the Land Registry into different regions with its own
mapping department, seem to have already brought about a further improvement in the
standard of service. The "new" requirements of the mapping department as to the
marking of maps and the acceptance only of original Ordnance Sheets has also brought
about some improvement, even if it is only that the query is raised on the map immedi-
ately rather than eighteen months afterwards. It is still a bone of contention that solicitors
are required to furnish maps which the Ordnance Survey Office have not in print and that
the Land Registry will still not accept their own official copy Land Registry maps for
subdivision purposes. The Committee unanimously approved of certain suggested reforms
in the Registry of Deeds regarding searches proposed after consultation between the
DSBA and the Assistant Registrar of Deeds, Mr. Murphy. These include the charging of
a flat fee for the average search instead of having three different stages at which fees
become payable. Also searches would be posted out to the solicitor who requisitioned
them when they were ready with a closing certificate and solicitors could get them written
up to include a closing act at a later stage.
15.9
Title Insurance:
A working party has had a series of meetings with represen-
tatives of CTI Dominion Title Insurance Company and has agreed on the form of policy
that would, in its opinion, be reasonable if that company should commence business in
Ireland. The broader aspect of what attitude the Society should take to this, is the subject
of a report which is in the course of preparation.
15.10
Building By-Laws: Extension to Residential Houses:
The Committee
considered complaints which were received from many different parties arising out of
delays occurring due to problems of extensions having been erected without building by-
laws approval and the fact that it appeared to be impossible to obtain building by-laws
retrospectively. The opinion of senior counsel was sought as to whether there was any
time limit after which solicitors need no longer concern themselves with the question of
building by-laws approval for an extension and they were advised that there was no time
limit. The Committee has recommended that in cases where the extension in question is
exempted development under the Local Government Planning & Development
Regulations, that it is reasonable for a solicitor for a purchaser or mortgagee to accept a
certificate from an architect or engineer or other qualified person to say that in his opinion
the extension complies with building by-laws.
15.11
Consolidation of Landlord & Tenant Acts:
Representations were made by the
Committee to the appropriate Department in charge of the consolidation of legislation
with a view to having Statutes in this very fragmented area consolidated. The represen-
tations were very well received and when the Landlord & Tenant Bill at present before the
Dáil is passed, it is hoped to make further progress.
15.12
Conditions in Loan Approval:
A member referred tó the fact that certain loan
approvals were issued subject to conditions which the borrower might not be able to
comply with. The normal clauses inserted in contracts by a purchaser's solicitors to
protect their clients do not usually extend to covering these matters and the Committee
issued a recommendation for publication in the
Gazette
drawing the attention of practi-
tioners to this serious matter.
15.13
Extension of Building Society Vacate System to other Mortgagees:
After
hearing at last year's AGM of the efforts by a former President of the Society, Mr. Eunan
McCarron, as far back as nine years ago to have this simple reform introduced and the
various promises to him to do so by successive governments, the Committee resolved to
continue to press for the introduction of this change. Representations have been made to
the Department of Justice and others. This is a very topical point as in Dublin at any rate
it does account for purchasers spending an extra month or so on bridging finance admittedly
in a small number of cases.
15.14
Undertakings to Banks:
The Irish Banks Standing Committee approached the
Society with a view to agreeing a series of standard forms of undertaking. A sub-
committee was appointed which has had several meetings. A meeting with represen-
tatives of the Irish Banks Standing Committee is proposed. Members who have been
encouraged to use the Society's recommended form of undertaking have reported resis-
tance from the banks to acceptance of this form.
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