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MEETINGS OF THE COUNCIL
April 16th
The President in the chair also present Messrs.
John C. O'Carroll, Mrs. Moya Quinlan, Senator
J. J. Nash, George A. Nolan, John Maher, Ralph
J. Walker, Thomas V. O'Connor, Robert McD.
Taylor, Desmond Moran, Walter Beatty, Peter D.
M. Prentice, Joseph L. Dundon, John B. Jermyn,
Rory O'Connor, Bruce St.
J. Blake, Eunan
McCarron, Gerard M. Doyle, William A. Osborne,
William M. Cahir, Francis Lanigan, John Car-
rigan, Thomas Jackson, John O'Meara, Peter E.
O'Connell,, Brendan A. McGrath, Gerald
J.
Moloney, James W. O'Donovan, Thomas E.
O'Donnell, Gerald Hickey, Patrick F. O'Donnell,
Christopher Hogan, Norman Spendlove, W. A.
Alien, David R^gcl.
The following was among the business trans
acted.
Requisitions on title, advance reply
The Council on a report from a committee con
sidered a proposed form of certificate which is
issued with documents of title to each purchaser
of a house on a building estate. The certificate has
been cleared with solicitors who act for various
lending institutions who will accept the certificate
in lieu of replies to requisitions insofar as relevant
matters are covered. If the solicitor for the lender
wishes to raise further matters not covered by the
certificate he is entitled to do so. It was suggested
that if the Council were to indicate they thought
that such a certificate (insofar as it covers matters
arising
that would otherwise be
included
in
requisitions) should be accepted conveyancing
transactions would be expedited. The Council on
a report from a committee decided to approve of
this suggestion. If practitioners are prepared to
accept the certificate it will not be necessary to
raise requisitions on any matters fully covered by
the certificate. A copy of the proposed form of
certificate will be printed in the next issue of the
Gazette.
Same solicitors for builder/lessor and
purchaser/lessee
The Council were asked for a ruling on the
position of a builder's solicitor who is asked by a
purchaser/lessee to furnish title to a lending insti
tution. The Council states that in such circum
stances the solicitor for the builder should write
to the purchaser clearly stating that he will not be
investigating title on behalf of the purchaser and
that no responsibility will attach to him in respect
of defects in title.
Mortgagor's title deeds
Solicitors acting for a mortagor/vendor obtained
from the solicitors for mortgagees on accountable
receipt all the title deeds except the mortgage and
conveyance to the mortgagor. It was stated thai
copies of the last mentioned documents would be
furnished on payment of scrivenery fees. The
Council stated that the solicitor for the mortgagor
is not entitled as of right to the original deeds and
is entitled to copies only on payment of the appro
priate scrivenery fees.
Registered land, compulsory registration
with absolute title
The Council on a submission by two members
expressed the view that where a contract for sale
is silent on the question of documents to be fur
nished the vendor is obliged to furnish only those
documents which he has contracted to provide
and that in such case there is no obligation on
him
to furnish a map required by the Land
Registry to effect the registration of the purchaser
not provided for in the contract.
Counsel appearing in Court without solicitors
The Council referred to the Dublin Solicitors'
Bar Association a letter from a member stating
that certain members of the Bar appear in the
Dublin District Court without the attendance of
solicitors or representatives from the solicitors'
offices.
Personal undertaking
A member of the Society who acted for a client
who was about to sell property in order to pay
creditors from the proceeds wrote on the instruc
tions of the client a letter to the solicitor for one
of the creditors in the following terms.
We have been requested by our client above
named to inform you that the account due by
her to you will be paid out of the proceeds of
sale of her premises when sold.
The proceeds of sale realised were insufficient
to pay the unsecured creditors after discharging
secured claims. The Council on the facts sub"
mitted were of the opinion that the statement by
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