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Conveyancing Conference 2022


Level: 3 General CPD hours


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This seminar will highlight issues of concern to practitioners in the context of Easements and Taxation. It will also examine matters which typically arise for consideration in the relation to Planning and Ground Rents. The seminar will also include a short panel discussion on the future of conveyancing.

The course is designed with the busy practitioner in mind. The overall emphasis will be on practicality and the seminar will alert you to problems and pitfalls likely to be encountered in day-to-day practice.

Planning Issues and Solutions: Denise Healy

  • Unauthorised development. Options:
    • Retention;
    • The “seven-year rule” and the disadvantages of relying on same;
    • Demolish;
    • Accept and qualify certificate of title.
  • Specimen Special Conditions to deal with planning issues.
  • Consequences of breach of the General Condition 32 Planning Warranty.
  • Accepting amendments to General Condition 32 in the context of a Certificate of Title:
    • What is the Conveyancer certifying in the Certificate of Title?
    • When should you be qualifying title?
  • Overview of planning enforcement
  • Section 160 injunctions
  • What is a Section 47 Agreement?

Easements: Deirdre Fox

  • What are the changes introduced by the Land and Conveyancing Law Reform Act 2021?
  • What is the position in relation to rights accrued prior to the 1st December, 2009?
  • How are rights accrued after the 1st December 2009 to be dealt with?
  • Is it still possible to make an application to the Land Registry under Section 49A of the Registration of Title Act 1964 or to institute Court proceedings?
  • What is the position in respect of claims in relation to State land and foreshore?
  • What is the doctrine of Lost Modern Grant?

Taxation: Joe Thomas

NPPR

  • In what circumstances do you not need to furnish Certificate of Exemption or Certificate of Discharge on the sale of a residential property?
  • What is the limitation period on NPPR?

Household Charge      

  • What happens if Revenue Property History Summary says “Our records indicate that you have already satisfied the Household Charge liability “but it is subsequently discovered not to be the case?

LPT

  • Can you rely on the Revenue Property History Summary?
  • Is there a limitation period on LPT as a charge on property?
  • In what circumstances is LPT payable on a new, unoccupied and unsold house which forms part of the trading stock of a builder?
  • What happens when the qualifying conditions for exemption cease to be met during a valuation period?

Stamp Duty

  • Mick has executed a Grant of Easements to Paddy for a consideration of €20,000. Is stamp duty payable on the Grant
  • John is purchasing a half-acre site which has a derelict house on it. Is this the purchase of a residential property for Stamp Duty purposes?

Ground Rents: Suzanne Bainton

  • In what circumstances should a client be advised to acquire the freehold interest?
  • How to establish if there is a statutory right to acquire the ground rent
  • What can you do if there is no statutory right?
  • If there is less than 70 years to run on a leasehold title, should title be qualified to the bank?
  • What to do if is a title is held under two leases with a tenement only situate on one?
  • Is a vesting certificate compulsorily registrable?
  • Can a freehold owner refuse to allow the purchase of the ground rent because of a breach of the lease covenants?
  • What covenants survive the acquisition of the freehold and how are they registered/recorded as burdens on the title?
  • What is the procedure to acquire the freehold when the property is not a dwelling and so the PRA grounds rent procedure does not apply?