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No declaration of identity - land transfare

  • 03-09-2010 1:11pm
    #1
    jetski
    Registered Users, Registered Users 2 Posts: 820 ✭✭✭


    Hey,

    Quick question,

    am buying some land and the solicitors for the other side have listed in their contract the below....

    "the title to the property for sale shall consist of an up to date certificate of folio (folio number) and no objection or requisition shall be raised inregard to same"

    My solicitor says this is unusual and may cause problems selling the land or if i ever wanted a loan and that they are basically refusing to to provide a declaration of identity..... can anyone shed more light on this, in english?

    Thanks in advance


Comments

  • #2
    Sydney2007
    Registered Users, Registered Users 2 Posts: 23 ✭Sydney2007


    A Declaration of Identity is a certificate/Declaration by a surveyor/engineer/architect that the property on the ground corresponds to the property outlined on the folio map. Normally, purchaser's solicitors request it (and it's a requirement in relation to a house purchase) but very often Vendors' solicitors decline it when the property is land only (don't want to pay surveyor). There is nothing to stop you taking the folio map away with you and having your own engineer/surveyor/architect having a look at it and comparing it to the boundaries on the ground. You should probably do that anyway, just to satisfy yourself as to what you are purchasing. The Declaration, for land only, is no big deal, and if I liked the land, the lack of a declaration wouldn't put me off - I would have it checked out myself. (Of course, if inspection shows the map does not correspond with the boundaries on the ground, you might want to enquire more.


  • #3
    jetski
    Registered Users, Registered Users 2 Posts: 820 ✭✭✭jetski


    i understand... makes sence now cos its a small enough plot. thanks for that.


  • #4
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    As we are now in a buyers' market, I would insist on vendor supplying PRA suitable map and declaration of identity in all cases.

    In the boom a purchaser's solicitor holding out for such matter would be hustled by the vendor or more usually the vendor's auctioneer that "deal is off unless contract signed unaltered by Friday" etc - but times have changed.

    Remember the old conveyancing adage - the day you buy is the day you sell. I.e ensure problems are sorted out when buying to avoid bother on a resale.


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