Conveyancing Solicitors

Conveyancing is the legal process that takes place when you buy or sell a property. It involves all the necessary steps to transfer the ownership of the property from the seller to the buyer. It’s ensuring everything is done correctly and legally when handling property transactions.

Technically, yes, you can handle the conveyancing process yourself. However, it’s usually not recommended because it involves many legal intricacies and detailed searches. A professional conveyancer or solicitor ensures that all the legalities are handled correctly, potentially saving you time and avoiding costly mistakes.

If the property transaction falls through before the contract exchange. In that case, neither party is usually legally bound to proceed, and you might only lose the money spent on surveys and legal advice. After the contract exchange, pulling out of the transaction can have legal and financial consequences. Discussing such scenarios with your solicitor to understand the implications fully is always best.

One has to ensure a correct legal transfer from one owner to the another owner arises. A conveyancing solicitor will take care of the legal process for the person.

Depending on the complexity or not of the individual property transaction, a timeframe of between 6 – 12 weeks is an approximate time.

One has to ensure a correct legal transfer from one owner to another owner arises. A conveyancing solicitor will take care of the legal process for the person.

If a person owns a leasehold interested in a property, the person pays a ground rent to the ground landlord.

With a freehold interest in a property acquired, the person has become the owner.

Stamp duty is a tax paid on property purchases. The amount you must pay can depend on various factors, including the property’s price and whether it’s your first home. It’s always best to check the current rules and rates to understand your potential liability.

These are payments made from the sale proceeds e.g. to your lender to pay off your old loan or to pay your auctioneer.

As early as possible so your solicitor can check all the title deeds.

A government fee for registering your ownership.

A legal document giving the lender security against the property.

The Vendor pays this if he owns the property on 1/11 in any year

Persons can withdraw any time up to the exchange of unconditional contracts

Yes, if you want to decide yourself who will inherit your assets.

To provide monies to pay off your loan if you or your spouse dies.

Stamp duty, land registry fees, search fees, Vat.

Sometimes a planning search. If the vendor is a company, then a company search. Land Registry search to see if any third party has perhaps lodged a judgement mortgage and that vendor remains the registered owner.  Searches in Registry of Deeds for similar reasons if the title is not registered in the Land Registry.

Your solicitor will examine the contract and title offered and raise a set of queries. If satisfied, he/ she will draft the purchase deed and arrange a completion to receive all necessary documents and your keys. He also has to stamp and arrange registration of your Transfer deed and certify them to your bank or lender.

Because if the vendor was made a Bankrupt before the sale closed, his property/ house would vest in his Assignee in Bankruptcy.

If you are a Vendor: Clear out the house as you must give over the house with vacant possession. Keep closely in touch with your solicitor as you / your spouse will have to sign a number of documents.  Close down your utility accounts as the purchaser is responsible for these now from the closing date.

If you are a Purchaser: Make sure everything is in place so that the loan cheque / purchase funds will be lodged with your solicitor in time before closing.  Delays frequently occur where your life policy/ mortgage protection is not yet in place, or some bank forms are not yet completed or signed.  Try to inspect the house / apartment just before closing or the day before.  Make sure the vendor and his family have left the premises or at least are well in to the process of leaving.

In effect, your solicitor will be involved all the way through the sale or purchase process. Few solicitors will go out and inspect a property for a client (it could be in Donegal!) but in nearly all cases, your solicitor will be supervising the transaction on your behalf and liaising with all other necessary parties e.g. auctioneer, bank, surveyor or tax office.

This is done vis a vis the Local Authorities Planning departments which is necessary.

The conveyancing costs can vary depending on various factors, including the property’s value, the transaction’s complexity, and the solicitor’s fees. It’s best to get a detailed quote from your conveyancer to understand all the potential costs involved. Remember, it’s not just about their fees; additional charges for searches and other administrative tasks might exist.

A conveyancer or solicitor helps guide you through the legal aspects of transferring property ownership. They handle contract preparations, conduct property searches, liaise with financial institutions, and ensure that the transaction complies with legal requirements, making the process smoother and less stressful.

Property searches can reveal various issues, including planning restrictions, potential flood risks, nearby road schemes, and disputes with neighbours. These searches help you understand potential challenges or problems as a property owner.

A survey can be completed on a second hand home when the matter is sale agreed. This is also described as a structural health check.

Snagging occurs in circumstances when a newly built property or possibly an extension is near completion, and an architect, engineer, project manager can assess the project, checking in essence for any defects that require the developers attention.

There are separate systems in Ireland with respect to the recording of property transactions.

The Registry of Deeds system deals with conveyances and deeds with respect to unregistered property. This latter system will eventually be phased out and we have one system remaining being the Land Registry system.

When a person registers property ownership with the Land Registry, they will file the deeds and fill out the detail on a ‘folio’ with respect to ownership.

A folio will describe the registered property, specify the name and address of the registered owner, reference a plan on the land registry maps and will also describe any property burden, such as, a right of way.

When a person has paid all of their mortgage, they will obtain a Deed of Discharge from the bank.

There are separate systems in Ireland with respect to the recording of property transactions.

The Registry of Deeds system deals with conveyances and deeds with respect to unregistered property. This latter system will eventually be phased out and we have one system remaining being the Land Registry system.

When a person registers property ownership with the Land Registry, they will file the deeds and fill out the detail on a ‘folio’ with respect to ownership.

A folio will describe the registered property, specify the name and address of the registered owner, reference a plan on the land registry maps and will also describe any property burden, such as, a right of way.

When a person has paid all of their mortgage, they will obtain a Deed of Discharge from the bank.

This is carried out by a person from the Sustainable Energy Authority of Ireland. It is a building energy rating certificate. This is required for a property sale. Radiators, boiler, insulation etc. -will be assessed for this.

There are some exemptions, such as, for protected structures.

Your solicitor obtains the deeds and checks they are in order so he can prepare the contract for sale exhibiting the most important documents.  He answers queries and approves the purchase deed and accompanying planning and other declarations. On closing, he/ she has to pay off your old loan and other charges and transfer the remaining monies to you.

In general, you are best advised to use a solicitor with experience in this area.

In a few words, to turn your house or property into cash following a successful sale.

Where the auctioneer holds a public meeting or auction to dispose of your house/ site to the highest bidder

A solicitor is needed to certify the title to your new lender.

When the site/ property being purchased has environmental issues e.g. a quarry or an old brownfield site.

Usually, 3-6 months but this can be hurried up if, for example, another sale on is to take place.

You own the property absolutely without any landlord or other interests.

Purchaser signs first and sends both contracts to vendor who signs both. Vendor then sends one signed contract back to the purchaser. Exchange comes into effect when purchaser receives the signed contract.

Purchaser signs first and sends both contracts to vendor who the purchaser is in funds to exchange his monies for all the title documents of the property to include the keys. This should happen on the designated closing date, specified in the contract, but typically is delayed for a week or even more after

Always a good idea as “buyer beware” is still the order of the day!

One possible option is you could take the house as tenants in common to reflect this i.e. John takes 3/5ths share and Mary takes 2/5ths share.  You could also sign a Co- ownership agreement.