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eConveyancing

eConveyancing initiative feature

Declan Carty: "The Law Society recently launched an initiative on simplifying the system of land transfer. What are the proposals?"

Brian O’Reilly: "That’s right, Declan. The Society presented a proposal to the Law Reform Commission proposing that the transfer of land/houses rules be trimmed right back to its originally designed format – that is that the procedure be solely used for title transfer. Over many years State and other agencies have ‘got in on the act’ in that they have to be consulted and their approval obtained before a title can be transferred and these approvals really have nothing to do with the legal title."

Declan: "Give me an example."

Brian: "In certain cases the Revenue Commissioners may demand a tax clearance certificate be issued before title can be transferred. If a certificate isn’t obtained then the tax obligation will sit like an unregistered lien or mortgage against the property. Similarly Planning permissions have to be checked because the obligations set out in the permissions (financial and compliance obligations) similarly sit like an unregistered lien."

Declan: "How did this develop over the years."

Brian: "Administrative convenience by State Agencies seeing the attachment of these obligations to property as a cheap and easy way of securing their entitlements – all to the cost of the seller and buyer of property. And none of which should have anything to do with the process of title transfer"

Declan: "So what’s proposed?"

Brian: "The eConveyance process will be conducted online at a secure hub with only the stakeholders having access (seller, buyer, their solicitors and the bank or building society) – all fully visible to the parties, and with an alert system for the bank or building society immediately notifying them of any multiple mortgage transactions that may be fraudulent. The alert system would be exactly like a Google or eBay alert sent to the party to be notified."

Here are a number of links that may be of interest:

Law Society:

http://www.lawsociety.ie/displayCDAContent.aspx?node=587&groupID=587&code=eConveyancing

Irish Times Report:

http://www.irishtimes.com/newspaper/ireland/2008/0723/1216740957129.html

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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