Registering Easements in the Land Registry
Voluntary Transfers: Tips and Traps
Multi- Unit Houses and Apartments
New houses
Meet the Speakers
- What constitutes an easement?
- Easements that can be registered as a burden in the Land Registry
- Easements that cannot be registered as burdens
- Registration of easements as appurtenant
- Easements of necessity and implied easements
- Prescriptive easements
- Land and Conveyancing Law Reform Act 2009 Act and amendments to the Registration of Title Act and the Land Registration Rules
- Prescriptive easements the Land Registry pre-December 2009
- Registration of prescriptive easements in the Land Registry up until November 2021
- Registration of prescriptive easements in the Land Registry as and from December 2021.
- The presumption of undue influence in such transactions
- The general prohibition on one solicitor acting for both sides in a voluntary transfer: what are the exceptions to the rule?
- What circumstances and what range of relationships might give rise to “presumed” undue influence? How can this be rebutted? Implications of the decision in Carroll V Carroll
- The guiding principles and best practice to be followed when acting in a voluntary transfer
- What should you do if you have previously acted in other transactions for one or other or both of the parties to the current transaction? Guarding against possible conflict of interest
- Are Contracts for Sale and Requisitions on Title required?
- What advices should you give to a client who is being gifted a property “warts and all”?
- Transfers at an undervalue: are Contracts for Sale and Requisitions on Title recommended?
- What should you do if the other party to the transaction refuses to obtain legal representation?
- The solicitor’s “heightened duty of care” when acting for vulnerable or older clients: implications of the Law Society’s Practice Direction and the Assisted Decision Making (Capacity) Act, 2015
- Bankruptcy searches and Declarations of Solvency
- When is a management company required?
- Does the Multi Unit Developments Act 2011 require a management company for traditional housing estates?
- How does the Act apply in a development of houses and apartments when some of the common areas are to be taken in charge?
- Is there a requirement to transfer the common areas prior to the first sale in a managed development of houses only?
- Do all of the common areas have to be transferred prior to the first sale? What are the consequences if this is not done?
- What issues should be flagged for a client when buying in a multi-unit development?
- Is it a solicitor’s role to make enquires about fire safety?
- If levies are to be imposed should a solicitor qualify title?
- If the common areas are not transferred should title be qualified?
- What are the options for owners when the common areas are not transferred and the developer is dissolved?
- How should a solicitor deal with a request for an undertaking to pay arrears prior to pre-contract information being provided?
- The Foundations - Minimum Expected Suite of Documentation
- Deposits - Loss of Deposit Cover and General Condition 5
- Help to Buy Scheme - A Helping Hand for Qualifying Parties with Clawback Caveat
- Contractual Documents - Contract for Sale and Building Agreement
- Proliferation of Special Conditions and Tempered Terms - Risk and Penal Disparity
- Deed of Assurance - Essential Components for New Build Property
- Property Taxes and New Build Homes - Declaration trumps Certification
- Stamp Duty - Importance of VAT Clarity across Contractual Document
- New Homes in Managed Estates - Who executes Closing Documents where Common Areas are transferred?
- The Finished Product - Documents Required on Completion
Joe Thomas, O'Reilly Thomas Solicitors
Deirdre Fox, Deirdre Fox & Associates Solicitors
Suzanne Bainton, Liston & Co, Solicitors
John Murphy, Solicitor
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