Property Law/Conveyancing

We are currently (03/11/2021) offering the following fee estimates (may vary where additional work outside normal remit of Conveyancing file applies)

  1. Professional fee for buying/selling €2000.00
  2. Miscellaneous charges in respect of postages, phones, faxes & photocopying €150.00
  3. VAT @ 23% on 1. and 2. above
  4. THIRD PARTY OUTLAYS INCLUDE:
  5. Swearing fees and any bank related charges where applicable – TBC
  6. Registration fees payable to the Property Registration Authority where applicable- TBC upon receipt of contracts and title documents which is additional and payable by you.
  7. Searches approx. TBC
  8. STAMP DUTY 1% PURCHASE PRICE <=€1million
  9. Surveyors fee where you engage one to survey the property
SELLING
Prior to selling your property a seller should obtain the following documentation which will be required on closing : –
1. PPS numbers for all vendors on title
2. LPT
(a) LPT Property ID
(b) LPT Tax Band * Specific Clearance may be required from Revenue where sale agreed price of property is greater than LPT Tax Band declared
(c) LPT Receipts from 2013 to date
3. Certificate of discharge/exemption from NPPR tax for period 2010-2013
Please contact NPPR Section of local authority where property is situated
4. Certificate of Discharge/Exemption from Household Charge – please contact
Household Charge Support Centre
PO BOX 12168
Dublin 1
Work: LoCall 1890 357357 or 01-4853695
5.  “Roads and services in charge” letter for your property from the local authority where property is situated (local authority fees vary)
6. BER Certificate and report
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Should you wish your solicitor to obtain the above certificates 3,4 and 5 professional fee available upon request.
The Land and Conveyancing Law Reform Act 2009 (the “2009 Act”) came into force on 1/12/2009 . This 2009 is not a consolidating act (although pre-1922 land law and conveyancing provisions (often with amendments) are now to be found in the Act), and several fundamental post-1922 statutes remain in force, including the Registration of Title Act 1964, the Succession Act 1965 and the Registration of Deeds and Title Act 2006.
The Judgment Mortgage (Ireland) Acts 1850 and 1858 have been repealed and replaced with updated
provisions in the 2009 Act. Under the new procedures, a creditor who has obtained a judgment may
since 1 December 2009 apply to the Property Registration Authority for its registration as a judgment
mortgage using a simplified form of affidavit that has previously been certified by the court office which
issued the judgment.
Once registered under the 2009 Act, the holder can apply to court for an order for sale or such other
order as the court thinks appropriate. Where the judgment mortgage relates to co-owned property, the
holder can also seek partition or severance of a joint tenancy or an order for sale or other orders
applicable to co-owners of land under Section 31 of the 2009 Act.
Under the 2009 Act registration of a judgment mortgage against the estate of a joint tenant does
not sever the joint tenancy. If the debtor dies before the judgment mortgage is enforced, the surviving joint tenant(s) take the property free of the judgment mortgage. The judgment mortgage is extinguished on the death of the judgment debtor.

All properties sold must now be registered in the Property Registration Authority – PRAI – (due to the phasing out of the Registry of Deeds)  resulting in a new Folio being opened (with the benefit of not having to worry about storing title deeds) and an Original Land Registry Approved OSi map of the property must accompany such an application.

The opening (creation) of a registry file for that development known as a FOLIO, which comprises the following:

Part 1 provides the details of the property. These include description, location, land registry plan reference and also any rights that would attach to the property. The area of the property is usually shown.

Part 2 contains details of the registered owners and the quality of the title and would also include any cautions or inhibitions registered against the property.

Part 3 contains details of all burdens registered against the property. These would include mortgages, rights of way, fishing and sporting rights etc. Most folios have a filed plan map of the property attached.

More details of these procedure and PRAI fees can be found on www.prai.ie.

The PRAI examine each first registration application to ensure it is good and marketable title and occasionally defects on title can present themselves which may require engaging specialist advices in this area. John Hennessy BL (former Chief Examiner of Title in the PRAI) provides the following services to Solicitors: – Examination of unregistered Titles to property and an opinion on title, if required. http://www.hennessylaw.ie/services.html