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GAZETTE
OCTOBER-
197
r n M V c v A w r i w r
1 8 1
Reg"
1
*
1
" meetings of the Committee have been held during the year. Recently the Committee has
CONVEYANCING
been enlarged by the co-operation of additional Members in an endeavour to deal with the many items which
COMMITTEE
are on the Committee's Agenda and which are under consideration. During the year the following matters
have been dealt with.
William A. Osborne
Chairman
Eric Brunker
John F. Buckley
Maurice R. Curran
Patrick Fagan
Ernest B. Farrell
Rory McEntee
John Maher
Patrick C. Moore
Francis J. J. Murphy
Rory O'Donnell
Moya Quinlan
Brian W. Russell
18.2
Requisitions on Title: The final draft has been approved of and has been submitted to Counsel for
final checking. This-work has been delayed by the introduction initially of the new Taxation Legislation and
the problems which have been created by the Family Home Protection Act, 1976, and by reason of the
amendments to the Local Government (Planning and Development) Act, 1963. The Committee are presenUy
in consultation with Counsel and it is hoped to present the new Requisitions at an early date.
18.3
FamDy Home Protection Act, 1976: The implementation of this very imprecise legislation has
caused many problems. Counsel's Opinion has been obtained on various points arising and is presently under
consideration by the Committee. Meetings have been held during the year with the Department of Justice in
relation to the Conveyancing problems which have arisen and with a view to obtaining some amending
legislation. If it is not possible to obtain some amendments to the Act, the Committee will issue a practice note
with a view to establishing a uniform and reasonable code of practice for the Profession in relation to the Act.
18.4
Sale of Flats: A precedent set of documents suitable for this type of sale has been prepared.
Discussions have taken place with die Law Agents and Solicitors for Lending Institutions and the draft
scheme documents have been accepted in principle. Some minor problems have yet to be cleared and
Counsel's Opinion has been sought in relation to same.
18.5
Insurance — Re Flats: The Committee has dealt with this matter and Block Policies are now
acceptable to Lending Institutions.
18.6
Construction Industry Federation: Meetings were held with the Federation during the year with
particular reference to the forms of Building Contract and Guarantees in relation to structural defects and
other allied matters. The form of Guarantee plan was discussed in detail and suggestions put forward in
relation to the implementation of the Guarantee Scheme. The varied forms of Contract in relation to building
were considered and discussed and the Committee is now in the course of revising the Society's Building
Contract and will consult again with the Federation with a view to obtaining agreement on the form of
Contract.
18.7
Stamp Duty: By reason of the change in issue of Grants by the Department of Local Government
and to cover the first sale of new houses which are in excess of the Grant floor area, Mr. O'Donnell prepared
a Memorandum as to practice and procedure with the Revenue Commissioners and this Memorandum has
been circulated.
18.8
Royal Institute of Chartered Surveyors: Meetings have been held with the Institute during the year
particularly in relation to Rent Review Clauses in Leases and Tenancy Agreements. The standard Arbitration
Clause has also been under discussion and these discussions are presently continuing.
18.9
New Houses — Architect's Certificates: Meetings have been held with the Institute of Architects
with a view to adopting a Certificate which will be acceptable to the Institute and also acceptable to Law
Agents and Solicitors acting for Lending Institutions. A Draft Certificate has been prepared and has been
approved of by the Institute and is being submitted to Solicitors and Law Agents for Lending Institutions for
final acceptance.
18.10
Land Registry and Registry of Deeds: Regular meetings have been held during the year with
Officials from the Department of Justice in relation to the Land Registry and also the Registry of Deeds. All
of these meetings have been very helpful and the Committee is grateful to the Department Officials for their
assistance and co-operation in endeavouring to speed up the work of the Land Registry and of the Registry of
Deeds. Discussions are presently taking place with the Registrar in the Registry of Deeds in relation to
intended alterations in the Registry.
18.11 Title Insurance: Title Insurance which has been introduced in England by certain Insurance
Companies and which has been the topic of much comment is presently under consideration by the
Committee and the Committee's Report on this matter will be issued in due course.
156
18.12
Apart from the matters above-mentioned many points in relation to practice and procedure have
been dealt with by the Committee during the year. The Committee welcome comment from Members of the
Profession on any practical or procedural points which they may come across from time to time.