Transfer of title to land

Buteo Buteo

Hi, I've heard that transfer of title to land in Ireland can only be done by a solicitor. Is this actually true - that solicitors have a monopoly on all conveyancing work and that the layman is legally barred from doing this - or is it just the norm that solicitors do this? Is it actually stated in legislation or in any S.I. that a solicitor alone may deal with transferring title to land from one person to another?

I have all of the relevant information and documents to hand - no need for researching deeds etc - and wish to do this myself. I understand that the process is quite straightforward, using one of the forms in the Land Registry Rules 2012.

I'd appreciate a response from someone who is either a solicitor or who can direct me to a specific reference in legislation/S.I. Thanks.

Pat Mustard

Here is something to get you started:
http://www.irishstatutebook.ie/1954/en/act/pub/0036/sec0058.html#sec58

Also note the exception in s.58(3)(a)

(3) The following acts shall be excepted from the foregoing provisions of this section—
(a) an act not done either directly or indirectly for or in expectation of any fee, gain or reward,

There are so many amendments to s.58 that you will have to check them for yourself, here.
http://www.irishstatutebook.ie/isbc/1954.html

It would be useful to have access to consolidated legislation, which is not available for free, afaik.

GusherING

Buteo Buteo wrote: »

Hi, I've heard that transfer of title to land in Ireland can only be done by a solicitor. Is this actually true - that solicitors have a monopoly on all conveyancing work and that the layman is legally barred from doing this - or is it just the norm that solicitors do this? Is it actually stated in legislation or in any S.I. that a solicitor alone may deal with transferring title to land from one person to another?

I have all of the relevant information and documents to hand - no need for researching deeds etc - and wish to do this myself. I understand that the process is quite straightforward, using one of the forms in the Land Registry Rules 2012.

I'd appreciate a response from someone who is either a solicitor or who can direct me to a specific reference in legislation/S.I. Thanks.

You could make a straightforward transfer of a folio in the land registry yourself. I don't think there is any rule prohibitng lay people from doing so. The LR is very careful to ensure everything is done correctly as it attaches a state guarantee to every folio it issues so it will double-check every detail of your transfer before signing off on it.

However, things are often not as simple as they first appear, so its always prudent to have a professional deal with a valuable asset like land.

If you are seeking to register land for the first time in the LR, or dealing with a tricky case like land ownership arising from adverse possession, then you should see a solicitor. It's not worth the hassle to save a few euro.

johnnyskeleton

You don't need a solicitor by law, in the same way you don't need a doctor to prescribe you medication.

Results may vary, however.

Buteo Buteo

Thanks to all for the responses.

Valentine1

Just because something can be done doesn't mean it should be done. Land and property is in all probability the most valuable and important asset anyone will ever own, it is not something to cut corners on in an attempt to reduce costs.

Even simple transfers of land can trip up the unwary, go see a solicitor.

Addle

http://prai.ie/eng/Legal_Professional_Customers/Legal_Practices_Procedures/Legal_Office_Notices/Applications_in_Person_-_Legal_Office_Notice_No_5_2010_Amended_22_January_2013_.html

Kelly06

Buteo Buteo wrote: »

Hi, I've heard that transfer of title to land in Ireland can only be done by a solicitor. Is this actually true - that solicitors have a monopoly on all conveyancing work and that the layman is legally barred from doing this - or is it just the norm that solicitors do this? Is it actually stated in legislation or in any S.I. that a solicitor alone may deal with transferring title to land from one person to another?

I have all of the relevant information and documents to hand - no need for researching deeds etc - and wish to do this myself. I understand that the process is quite straightforward, using one of the forms in the Land Registry Rules 2012.

I'd appreciate a response from someone who is either a solicitor or who can direct me to a specific reference in legislation/S.I. Thanks.

It is possible to do where there is no mortgage involved but not advisable.

Will there be a contract for sale? If so you fully understand the effect of any special conditions contained within the contract ?
it will be your responsibility to draft the transfer and raise requisitions on title. If the land forms part of a folio a map will have to be drawn up of the land to be transferred. Are there any burdens that will affect your title on the folio. the list of questions are endless. Even more so if its a house rather than land you are buying. You will then have to register with revenue online and file a return for stamp duty with revenue. The system would be a joy to use for anyone who isnt used to conveyancing jargon. You will then have to make the application to the land registry you will need proof of id and address and then after the dealing is lodged you would have to deal with any queries that the land registry would raise.

I really would advise against it because there are so many pit falls involved. By the way I am not a solicitor but I do work in the field of conveyancing and believe you me when conveyancing goes wrong it can have some fairly disastrous consequences!

Yes solicitors fees are expensive but it could prove to be far more expensive in the long run to neglect to use a solicitor. Thats my two pence worth anyways?