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GAZETTE
SEP
T
EM
BER 1976
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
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.
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