The Gazette 1983

GAZETTE

SEPTEMBER 1983

Practice Notes

Valuations of

Immovable Properties

The Society has been in discussion with the Revenue

Commissioners concerning delays in agreeing valuations.

The Chairman of the Revenue Commissioners has been

asked to ensure that cases are not sent to the Valuation

Office as a matter of course, but only when there is doubt

as to the veracity of the valuation. The Chairman of the

Revenue Commissioners has suggested that it might be of

advantage and help to expedite matters if, when

submitting cases involving valuations of properties, a

realistic valuation was submitted in the first instance, with

a view either to acceptance or immediate negotiation, and

thereby avoid the Revenue having to submit the valuation

to the Valuation Office. It would be helpful in submitting

the valuation for the property under review, if the

auctioneer/valuer were asked to furnish values for

comparable local properties for forwarding to the

Revenue. Such an approach would bring about speedier

settlements.

The Chairman of the Revenue Commissioners

encourages solicitors to make every attempt to agree

valuations by negotiation at as early a stage as possible.

It has already been suggested in previous notifications

that if the members of local Bar Associations get together,

a number of cases could be taken together, and a repre-

sentative from the Valuation Office would attend at an

agreed office in the area with a view to negotiation of all

such cases.

The Chairman of the Revenue Commissioners is

conscious of the Society's representations to expedite all

matters requiring adjudication and Valuation Office

agreement and is taking steps to improve on the existing

situation within the staff constraints imposed on him.

•

Stamp Duty on Assents

An Assent must be in writing (Section 52, subsection 5

of the Succession Act 1965). It is not necessary that the

Assent be sealed. Accordingly, there is no need for the

Personal Representative to sign and seal an Assent. It is

sufficient that he signs the Assent. If the Assent is under

Seal then Stamp Duty of £5 is payable. If it is not under

Seal there is no need to stamp

the

Assent at all. (S.52.(8)

Succession Act 1965).

Where the tide is registered in the Land Registry the

Assent must be lodged in the Registry for registration. If

the title is unregistered it is recommended that the Assent

should be registered in the Registry of Deeds.

•

An Unmarried Company?

Recent co r r e spondence to the Conveyancing

Committee has shown that there is reluctance to answer

any question on the Family Home Protection Act where

the Vendor is a company. This is presumably based on the

view that, since a company cannot have a spouse, no

requisition under the Family Home Protection Act is

therefore appropriate.

However, the recent case of

Walpoles (Ireland) Limited -

Jay

and

obiter dicta

in other cases have highlighted the

fact that in certain cases it is necessary to make enquiries

where it is believed a person, other than the Vendor or his

predecessors in title, has been in occupation of any part of

the property as a "family home". In

Walpoles (Ireland)

Limited

-v-

Jay,

the Vendor was a company but the

Purchaser was on notice that the residence situate on the

property had been occupied by a Director of the Vendor

company for a number of years. It was held that while

there was nothing which could make void the conveyance

of the property by the Vendor Company nevertheless the

Purchaser was entitled to make enquiries as to the nature

of the interest (if any) held by the Director in the property

and as to the termination of that interest.

The problem arises from the wide definition of both

"interest" and "conveyance" in the Act. "Interest"

means "any estate right title or other interest legal or

equitable". "Conveyance" includes "a mortgage, lease,

assent, transfer, disclaimer, release and

any other

disposition of property . . .".

It is therefore the view of the Conveyancing Committee

that where a Purchaser is aware that any person, other

than the Vendor or his predecessors in title has been or is

in occupation of the property as a "family home", then

additional requisitions should be raised. This could arise

in circumstances similar to that in

Walpoles (Ireland)

Limited

-v-

Jay

where a Director or other employee of a

Vendor company is in occupation, where another married

member of the Vendor's family is in occupation or where

the property has been occupied by tenants.

In the light of the foregoing the standard form of

requisitions linder the Family Home Protection Act have

been revised and are circulated with this issue of the

Gazette.

When considering the reply to be given to the standard

requisition 51 (a), the attention of practitioners is drawn

to the definition of "family home" in Section 2 of the Act.

It "means, primarily, a dwelling in which a married

couple ordinarily reside". The requisition is not confined

to whether the property is the

Vendor's

"family home".

Note:

These Requisitions require a civil marriage certificate (i.e. a Certified

copy of Entry in the Marriage Register Book) to be exhibited in the

statutory declaration. Such a certificate is clearly the best supporting

evidence of the marriage which can be produced and should be

furnished. This does not mean that a Purchaser or Lender should not be

prepared to accept the next best supporting evidence such as a Church

Marriage Certificate in circumstances where there are valid reasons why

a Civil Marriage Certificate is not available on closing.

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