The Gazette 1983

SEPTEMBER 1983

GAZETTE

Practitioners should be aware that this certificate should be requested only in cases where portion only of the vendor's land is being sold. Its principal purpose is to assure the purchaser that no pendings relate to lands being sold to the purchaser. Strictly speaking, the correct wording on the certificate should be that "none of the dealings pending (if any) affect the site in sale to the purchaser". This certificate can of course only relate to the facts within the knowledge of the solicitor giving it and should be so qualified. There could be dealings pending on the folio of which the vendor's solicitor was unaware. The committee therefore recommends that these certificates should be given in cases of sub-division only and should not be asked for or given in the cases of the sale of all of the lands on the folio. This recommendation should be read in conjunction with the practice note published with the January/February issue of the Gazette 1982 relating to undertakings to discharge queries. • Safeguard

Practice Notes Borrowing Documents from Dublin Corporation

As a result of representations made by the Conveyancing Committee of the Incorporated Law Society and by the Dublin Solicitors' Bar Association. Dublin Corporation LawDepartment has agreed to lend to solicitors documents held as security for loans under the Housing Acts on accountable receipt on a trial basis on the following conditions:- 1. The request for the facility must be in writing by the Solicitor, to the Law Department of the Dublin Corporation. 2. The request must be accompanied by the Borrower's authorisation and a fee of £10.00. 3. The accountable receipt must be signed by the principal of the firm or by an employee of the firm duly authorised by the principal in writing. 4. The documents must be returned on demand but in any event not later than six weeks from the date on which they were taken up. 5. The scheme will operate from the 24th January, 1983. Documents should be available for collection seven to ten days after the receipt by the Law Department of the request, accompanied by both the Borrower's authority, and the fee. The original mortgage will be retained in all cases. • No Pending Dealings The relevant requisition in the Law Society's requisit- ion on title is "have any dealings been registered on the folio or are any dealings pending which are not shown on the folio furnished?" This requisition appears to have given rise to the practice of vendor's solicitors being asked to furnish a certificate that there are no pending dealings. Although the requisition and the resulting obligation on the vendor's solicitor was intended to apply only to specific cases, this is not clear from the requisition on title and, as a result, solicitors have been asked for this certificate in all cases involving registered land.

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