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GAZETTE

JULY/AUGUST

1 9 90

society cheque as endorsed by

my client, brought it to their

bank and exchanged it for a

bank draft in favour of the

Council. My client and I now

believed all our difficulties were

overcome and we made our

way back to the Council's

offices complete with bank

draft in the Council's favour,

which was duly inspected by

the official concerned. It was

now 11.30a.m.

6. The Council official then pro-

ceeded to write out a receipt

document which he requested

me to bring to the nearby Cash

Office together with the bank

draft and the cheque for the

small balance of the purchase

monies. I was then to return

with the receipt when the

Transfer Order could then be

signed.

7. My client and I went to the

Cash Of f i ce and wa i t ed

patiently in a queue to pay the

money, which was received

and the document receipted.

We then brought back the

receipt to the official in the

sales office, (this official did not

actually 'conduct' the closing),

wh i ch he inspected and

accepted. The official then

informed us that he would now

get the Transfer Order typed -

a procedure which he said

would take about 15 minutes,

during which we could wait

outside in the hall.

8. There being no seats readily

available my client and I sat on

the stairs, with nothing to do

but to ponder the Kafkaesque

events of the morning. We

were now at the stage of

having paid over a substantial

sum of money but were still

awaiting the typing of the

document of title to the

property being purchased.

9. The 15 minutes passed and we

returned to the door marked

'Sales' to enquire how much

longer might be the wait and

we were told "another 15 or 20

minutes". I bit my tonguewhen

I was told that: "after all there

were people before us who

were on time for their

appointments!" Another half-

an-hour later we were called to

a different room! It was now

12.30p.m. We were attended to

by a pleasant young official

who had a file and a typed

Transfer Order which my client

signed. I handed over the mort-

gage documents, the family

home declaration and a cheque

for the stamp duty and regis-

- tration fees on the mortgage. I

then requested a wr i t t en

undertaking by the Council to

attend to the stamping and

registering of my title and the

building society mortgage and

to the furnishing of a copy folio.

The response was:

" n o

problem", it would be sent to

me in the post that evening.

However, I insisted on receiving

it then, as it would represent

the only security for the com-

pletion of the legal formalities

that either my client or the

building society would have. I

then drafted the appropriate

f o rm of unde r t ak i ng and

offered to type it if a typewriter

was made available to me. The

pleasant young official thought

I was joking; it was then

12.45p.m. The official went off

to find a typist and I told my

client that she could now go

but I would have to wait for the

wr i t t en undertaking. Wi th

obvious relief my client

departed. I waited and con-

tinued to wait. At 1.10 p.m. the

official returned w i t h the

undertaking typed and in order,

which he then signed and

offered apologies for the delay,

and I took my leave at 1.15p.m.

The transaction, which I had

naively assumed would take

about 10 minutes, being finally

concluded in four hours.

Final observation

The Council knew in advance (I had

discussed it with them per tele-

phone) that the purchaser's lending

institution would be a building

society; that the cheque tendered

would be a building society cheque

drawn in favour of the borrower;

that the Transfer Order would be a

standard form other than the

specific details of purchaser and

property; that it would have to be

signed by the purchaser; and that

a letter of undertaking as to

stamping and registration would

have to be given. If my experience

on this occasion has been unique,

so be it. If not, surely a more

efficient procedure can be devised

without insurmountable difficulty!

Yours sincerely,

MARY HEDERMAN

Solicitor,

30 Marlborough Road,

Donnybrook,

Dublin 4.

26th April 1990

Mr Ernest Margetson,

President,

Incorporated Law Society of

Ireland,

Blackhall Place,

Dublin 7.

Dear Mr Margetson,

I am writing to inform you of my

appointment as Registrar of Deeds

and Title with effect from 22nd of

April.

Whilst the task before me in

running both Registries is quite

formidable, I am looking forward to

your co-operation and that of your

members in achieving what I am

setting out to do, that is to provide

the

most efficient registration

system possible.

With this in mind, I am planning

a number of meetings with various

bodies, including your good selves,

in the near future.

Perhaps you would confirm with

my secretary, Ms Anne Lennon,

your willingness to participate in

any such meetings.

Yours sincerely,

CATHERINE TREACY

Registrar of Deeds and Title,

Land Registry,

Chancery Street,

Dublin 7.

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188