The Gazette 1977

GAZETTE

OCTOBER-

197

1 8 1 Reg" 1 * 1 " meetings of the Committee have been held during the year. Recently the Committee has been enlarged by the co-operation of additional Members in an endeavour to deal with the many items which are on the Committee's Agenda and which are under consideration. During the year the following matters have been dealt with.

r n M V c v A w r i w r CONVEYANCING COMMITTEE

William A. Osborne

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.

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

18.3 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.

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.

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