The Gazette 1979

SEPTEMBER 1979

GAZETTE

15.8 Land Registry and Registry of Deeds: Regular contact has been maintained over the year with offices of the Land Registry. The steps taken to. reorganise the Land Registry by taking on more mapping staff, giving solicitors an option on the type of maps required and the sub-division of the Land Registry into different regions with its own mapping department, seem to have already brought about a further improvement in the standard of service. The "new" requirements of the mapping department as to the marking of maps and the acceptance only of original Ordnance Sheets has also brought about some improvement, even if it is only that the query is raised on the map immedi- ately rather than eighteen months afterwards. It is still a bone of contention that solicitors are required to furnish maps which the Ordnance Survey Office have not in print and that the Land Registry will still not accept their own official copy Land Registry maps for subdivision purposes. The Committee unanimously approved of certain suggested reforms in the Registry of Deeds regarding searches proposed after consultation between the DSBA and the Assistant Registrar of Deeds, Mr. Murphy. These include the charging of a flat fee for the average search instead of having three different stages at which fees become payable. Also searches would be posted out to the solicitor who requisitioned them when they were ready with a closing certificate and solicitors could get them written up to include a closing act at a later stage. Title Insurance: A working party has had a series of meetings with represen- tatives of CTI Dominion Title Insurance Company and has agreed on the form of policy that would, in its opinion, be reasonable if that company should commence business in Ireland. The broader aspect of what attitude the Society should take to this, is the subject of a report which is in the course of preparation. 15.10 Building By-Laws: Extension to Residential Houses: The Committee considered complaints which were received from many different parties arising out of delays occurring due to problems of extensions having been erected without building by- laws approval and the fact that it appeared to be impossible to obtain building by-laws retrospectively. The opinion of senior counsel was sought as to whether there was any time limit after which solicitors need no longer concern themselves with the question of building by-laws approval for an extension and they were advised that there was no time limit. The Committee has recommended that in cases where the extension in question is exempted development under the Local Government Planning & Development Regulations, that it is reasonable for a solicitor for a purchaser or mortgagee to accept a certificate from an architect or engineer or other qualified person to say that in his opinion the extension complies with building by-laws. Consolidation of Landlord & Tenant Acts: Representations were made by the Committee to the appropriate Department in charge of the consolidation of legislation with a view to having Statutes in this very fragmented area consolidated. The represen- tations were very well received and when the Landlord & Tenant Bill at present before the Dáil is passed, it is hoped to make further progress. 15.12 Conditions in Loan Approval: A member referred tó the fact that certain loan approvals were issued subject to conditions which the borrower might not be able to comply with. The normal clauses inserted in contracts by a purchaser's solicitors to protect their clients do not usually extend to covering these matters and the Committee issued a recommendation for publication in the Gazette drawing the attention of practi- tioners to this serious matter. Extension of Building Society Vacate System to other Mortgagees: After hearing at last year's AGM of the efforts by a former President of the Society, Mr. Eunan McCarron, as far back as nine years ago to have this simple reform introduced and the various promises to him to do so by successive governments, the Committee resolved to continue to press for the introduction of this change. Representations have been made to the Department of Justice and others. This is a very topical point as in Dublin at any rate it does account for purchasers spending an extra month or so on bridging finance admittedly in a small number of cases. Undertakings to Banks: The Irish Banks Standing Committee approached the Society with a view to agreeing a series of standard forms of undertaking. A sub- committee was appointed which has had several meetings. A meeting with represen- tatives of the Irish Banks Standing Committee is proposed. Members who have been encouraged to use the Society's recommended form of undertaking have reported resis- tance from the banks to acceptance of this form. 167 15.9 15.11 15.13 15.14