The Gazette 1990

GAZETTE

JULY/AUGUST

1 9 90

society cheque as endorsed by my client, brought it to their bank and exchanged it for a bank draft in favour of the Council. My client and I now believed all our difficulties were overcome and we made our way back to the Council's offices complete with bank draft in the Council's favour, which was duly inspected by the official concerned. It was now 11.30a.m. 6. The Council official then pro- ceeded to write out a receipt document which he requested me to bring to the nearby Cash Office together with the bank draft and the cheque for the small balance of the purchase monies. I was then to return with the receipt when the Transfer Order could then be signed. 7. My client and I went to the Cash Of f i ce and wa i t ed patiently in a queue to pay the money, which was received and the document receipted. We then brought back the receipt to the official in the sales office, (this official did not actually 'conduct' the closing), wh i ch he inspected and accepted. The official then informed us that he would now get the Transfer Order typed - a procedure which he said would take about 15 minutes, during which we could wait outside in the hall. 8. There being no seats readily available my client and I sat on the stairs, with nothing to do but to ponder the Kafkaesque events of the morning. We were now at the stage of having paid over a substantial sum of money but were still awaiting the typing of the document of title to the property being purchased. 9. The 15 minutes passed and we returned to the door marked 'Sales' to enquire how much longer might be the wait and we were told "another 15 or 20 minutes". I bit my tonguewhen I was told that: "after all there were people before us who were on time for their appointments!" Another half- an-hour later we were called to a different room! It was now 12.30p.m. We were attended to by a pleasant young official

who had a file and a typed Transfer Order which my client signed. I handed over the mort- gage documents, the family home declaration and a cheque for the stamp duty and regis- - tration fees on the mortgage. I then requested a wr i t t en undertaking by the Council to attend to the stamping and registering of my title and the building society mortgage and to the furnishing of a copy folio. The response was: " n o problem", it would be sent to me in the post that evening. However, I insisted on receiving it then, as it would represent the only security for the com- pletion of the legal formalities that either my client or the building society would have. I then drafted the appropriate f o rm of unde r t ak i ng and offered to type it if a typewriter was made available to me. The pleasant young official thought I was joking; it was then 12.45p.m. The official went off to find a typist and I told my client that she could now go but I would have to wait for the wr i t t en undertaking. Wi th obvious relief my client departed. I waited and con- tinued to wait. At 1.10 p.m. the official returned w i t h the undertaking typed and in order, which he then signed and offered apologies for the delay, and I took my leave at 1.15p.m. The transaction, which I had naively assumed would take about 10 minutes, being finally concluded in four hours. Final observation The Council knew in advance (I had discussed it with them per tele- phone) that the purchaser's lending institution would be a building society; that the cheque tendered would be a building society cheque drawn in favour of the borrower; that the Transfer Order would be a standard form other than the specific details of purchaser and property; that it would have to be signed by the purchaser; and that a letter of undertaking as to stamping and registration would have to be given. If my experience on this occasion has been unique, so be it. If not, surely a more efficient procedure can be devised without insurmountable difficulty!

Yours sincerely, MARY HEDERMAN Solicitor, 30 Marlborough Road, Donnybrook, Dublin 4.

26th April 1990

Mr Ernest Margetson, President, Incorporated Law Society of Ireland, Blackhall Place, Dublin 7. Dear Mr Margetson, I am writing to inform you of my appointment as Registrar of Deeds and Title with effect from 22nd of April. Whilst the task before me in running both Registries is quite formidable, I am looking forward to your co-operation and that of your members in achieving what I am setting out to do, that is to provide the most efficient registration system possible. With this in mind, I am planning a number of meetings with various bodies, including your good selves, in the near future. Perhaps you would confirm with my secretary, Ms Anne Lennon, your willingness to participate in any such meetings. Yours sincerely, CATHERINE TREACY Registrar of Deeds and Title, Land Registry, Chancery Street, Dublin 7.

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