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THE INCORPORATED LAW SOCIETY OF IRELAND
GAZETTE
NOVEMBER 1976
VOL. 70. NO. 9
RECOMMENDATION OF THE
CONVEYANCING COMMITTEE OF THE
INCORPORATED LAW SOCIETY OF
IRELAND WITH REGARD TO REGISTRY
OF DEEDS SEARCHES
Condition 22 of the 1976 Edition of the General Con-
ditions of Sale provides as follows: —
"The Purchaser shall be furnished with the searches
(if any) specified in the Third Schedule hereto and any
searches already in the Vendor's possession will be
furnished with the copy documents of title. Any other
searches required by the Purchaser must be obtained
by him at his expense. The Vendor will explain and
discharge any acts appearing on searches made for
the period within the time from the date stipulated or
implied for the commencement of the title to the date
of actual completion. Where the Special Conditions
provide that the title shall commence with a particular
instrument and then pass to a second instrument or to
a specified event the Vendor shall not be obliged to
explain and discharge any act which appears on a
search made for a period prior to the date of the sec-
ond instrument or specified event, unless such act goes
to the root of the title".
As from Ist January 1977 the Committee re-
commends that Dublin practitioners should, in sales of
individual properties, adopt the practice presently
followed in the remainder of the country, namely that
the vendor furnishes only such Registry of Deeds
searches as are in his possession and the Purchaser
makes any other searches, including a search against
the Vendor that he requires. The Purchaser of course,
already makes Land Registry, Judgment, Bankruptcy,
Sheriff and other searches required and in the opinion
of the Committee it is logical that he should also make
his own Registry of Deeds Searches. Where as in a
Building Estate, a number of properties arc being sold
by the one Vendor it will probably be more logical
for the Vendor to a Solicitor to continue the present
practice of lodging a Master Search and distributing
the certified copies in due course.
Society of Young Solicitors
o
The Editor welcomes articles, letters and other con-
tributions for publication in the Gazette.
Opinions and comments in contributed articles and
reviews are not published as the views of the Council
unless expressly so described.
Likewise the opinions expressed by the Editor are those
of the Editor and do not necessarily represent the views
of the Council.
The Gazette is published ten times a year; material
for publication should be in the Editor's hands before
the 15th of the previous month if it is intended that
it should appear in the following issue. Acceptance of
material for publication is not a guarantee that it will in
fact be included in any particular issue since this must
depend on the space available.
The 2nd Article
in the series
on Marriage Law
appears on page 195