Conveyancing and Property Law

The purchase of a house is, for most people, the largest single transaction which they will ever undertake, and it is one which is surrounded by a body of law and practice that has developed over several centuries. The function of the solicitor in a conveyancing transaction is to ensure that the purchaser obtains a good and marketable title to the property, free from any encumbrance, burden or defect which might affect the enjoyment of the property or its value on a subsequent sale, and to ensure that the transaction is completed in accordance with the terms agreed between the parties and with the requirements of any lending institution advancing monies on the security of the property.

Culliton & Mescall Solicitors has acted in conveyancing transactions of every description since the foundation of the firm in 1998, and the partners had considerable experience of such work before that date. We act for purchasers and for vendors of residential property in Athlone and throughout the surrounding counties, for purchasers and vendors of agricultural land and farm holdings, for parties to transfers of land within families, for those taking or granting leases of commercial premises, and for those requiring advice in relation to rights of way, boundaries, wayleaves, easements and other rights and burdens affecting land. We are on the approved panel of a number of the principal lending institutions and are accordingly in a position to act both for the borrower and for the lender in the ordinary case, which avoids the cost and delay of separate representation.

What is involved in a purchase

Where a client is purchasing a property the first step is ordinarily the receipt by us of the contracts and title documentation from the vendor's solicitor. We then investigate the title in order to satisfy ourselves that the vendor is in a position to convey what he or she has agreed to sell. This involves an examination of the documents of title, whether registered in the Land Registry or in the Registry of Deeds, the raising of pre contract enquiries where necessary, the making of searches, and consideration of such matters as planning permission, building bye law approval or certificates of compliance, the services to the property, and any rights or burdens which may affect it. Only when we are satisfied on all of these matters do we advise a client to sign a contract and pay a deposit.

Following the signing of contracts by both parties, requisitions on title are raised in the standard form approved by the Law Society, the draft deed of transfer or conveyance is prepared and approved, the mortgage documentation is completed and the loan cheque drawn down, and closing searches are made immediately before the transaction is completed. On completion the balance of the purchase monies is paid over, the keys are handed to the purchaser and the title documents are received by us. Thereafter the deed must be stamped and the purchaser's ownership registered in the appropriate registry, and the title documents furnished to the lending institution where the property is mortgaged. The registration process can take some considerable time and clients are asked to bear this in mind.

Agricultural and family transfers

A significant part of the work of this department concerns agricultural land. The transfer of a farm from one generation to the next raises questions which go well beyond the conveyance itself, including the reservation of a right of residence, maintenance and support for the transferor, the position of other members of the family, the entitlement to single farm payment and other schemes, and the tax consequences of the transfer for all parties. We would always advise that such a transfer be considered well in advance and in consultation with the family accountant or agricultural adviser, and we are accustomed to working alongside such professionals.

Recent changes in the law

The Land and Conveyancing Law Reform Act 2009 effected a substantial reform and modernisation of the law of real property in this jurisdiction, repealing a large number of statutes of very considerable antiquity and altering the law in relation to a range of matters including the creation of mortgages and the position of co owners. Separately, the programme of compulsory first registration has extended to further counties in recent years, with the result that title to land which was formerly recorded in the Registry of Deeds must now on a sale be registered in the Land Registry. These changes have implications for both vendors and purchasers and we would be pleased to advise in any particular case.

Costs

Our charges for conveyancing work will depend upon the nature and complexity of the transaction. In addition to our professional fee there will be outlays, which in the case of a purchase will ordinarily include stamp duty, Land Registry or Registry of Deeds fees, search fees, commissioner's fees and the cost of any planning searches or architect's certificates required. We furnish every client at the outset with a written statement of our charges and of the outlays likely to be incurred, in accordance with section 68 of the Solicitors (Amendment) Act 1994. Value added tax is charged in addition at the rate applicable.

For further information in relation to any conveyancing or property matter, please telephone the office at (020) 912 0450
and ask to speak to Donal Culliton or to Marie Rattigan.

The contents of this page are for general information only and do not constitute legal advice.
Legal advice can only be given in relation to the particular circumstances of a particular case.