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GAZETTE
SEPTEMBER 1983
Practice Notes
Borrowing Documents from
Dublin Corporation
As a result of representations made by the
Conveyancing Committee of the Incorporated Law
Society and by the Dublin Solicitors' Bar Association.
Dublin Corporation LawDepartment has agreed to lend
to solicitors documents held as security for loans under
the Housing Acts on accountable receipt on a trial basis
on the following conditions:-
1. The request for the facility must be in writing by the
Solicitor, to the Law Department of the Dublin
Corporation.
2. The request must be accompanied by the Borrower's
authorisation and a fee of £10.00.
3. The accountable receipt must be signed by the
principal of the firm or by an employee of the firm
duly authorised by the principal in writing.
4. The documents must be returned on demand but in
any event not later than six weeks from the date on
which they were taken up.
5. The scheme will operate from the 24th January,
1983.
Documents should be available for collection seven to
ten days after the receipt by the Law Department of the
request, accompanied by both the Borrower's authority,
and the fee. The original mortgage will be retained in all
cases. •
No Pending Dealings
The relevant requisition in the Law Society's requisit-
ion on title is "have any dealings been registered on the
folio or are any dealings pending which are not shown
on the folio furnished?" This requisition appears to have
given rise to the practice of vendor's solicitors being
asked to furnish a certificate that there are no pending
dealings. Although the requisition and the resulting
obligation on the vendor's solicitor was intended to
apply only to specific cases, this is not clear from the
requisition on title and, as a result, solicitors have been
asked for this certificate in all cases involving registered
land.
Practitioners should be aware that this certificate
should be requested only in cases where portion only of
the vendor's land is being sold. Its principal purpose is to
assure the purchaser that no pendings relate to lands
being sold to the purchaser. Strictly speaking, the
correct wording on the certificate should be that "none
of the dealings pending (if any) affect the site in sale to
the purchaser". This certificate can of course only relate
to the facts within the knowledge of the solicitor giving it
and should be so qualified. There could be dealings
pending on the folio of which the vendor's solicitor was
unaware. The committee therefore recommends that
these certificates should be given in cases of sub-division
only and should not be asked for or given in the cases of
the sale of all of the lands on the folio. This
recommendation should be read in conjunction with the
practice note published with the January/February issue
of the Gazette 1982 relating to undertakings to discharge
queries. •
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