Conveyancing Conference 2023 Webinar

Easements: Principles and Practicalities

The object of this presentation is to provide the conveyancer with a practical guide as to what documentary evidence is typically required to evidence the existence of a prescriptive easement post the introduction of The Land and Conveyancing Law Reform Act 2021 (the “2021 Act”).

This presentation will address the following:

• Identification of sample scenarios where it might be reasonable for the conveyancer to seek corroborative evidence to support the Vendor’s statutory declaration.
• Identification of examples of appropriate corroborative evidence.
• Overview of the Law Society “Specimen statutory declaration regarding the existence of an easement” (“Specimen Declaration”) including a discussion on adapting and completing the specimen statutory declaration to suit individual circumstances.
• Overview of the correlation between the Land Registry Form 68 and the Law Society Specimen Declaration.

Tax

Dealing with CGT for a Non-Resident Vendor

• What information should be held on the file to establish when a client is non-resident?
• What is Revenue’s approach to PPR and the non-resident vendor?
• How does the new clearance procedure link in with the existing eCG50 procedure?
• What secondary liability attaches to a solicitor acting for a non-resident vendor?
• What is the current state of play in relation to Letters of No Audit for non-resident cases?
• What is the residence position when the vendor is a personal representative?

Residential Zoned Land Tax: Why do Conveyancers need to know about it?

Implications of section 653A of the Taxes Consolidation Act 1997 as introduced by Section 80 of the Finance Act 2021

• What is Residential Zoned Land Tax and how does the new system work?
• What property is affected by RZLT?
• Does the RZLT apply to existing residential properties?
• What if an existing residential property includes grounds in excess of one acre?

Who is liable to pay RZLT?

• Section 653P defines an owner as the liable person – but who is an owner?
• Is a person who holds a building licence from the owner deemed to be an owner?
• Section 653Q creates a charge in respect of outstanding RZLT or interest thereon. How do purchasers protect themselves from liability to pay?

How does RZLT affect conveyancing?

• What requisitions or other enquiries does a conveyancer need to raise regarding RZLT?
• What searches can be made to ensure that there is no outstanding RZLT or interest thereon?
• Is there other information arising under s.653A which a proposed purchaser of property ought to investigate before committing to a purchase: such as submissions with regard to zoning/de-zoning?
• What obligations does a vendor have to pay any outstanding RZLT, penalties and accrued interest under section 653Z and what information is the vendor required to provide to Revenue under that section?
• What are the implications for purchasers of new houses or apartments in housing estates?

Amendments introduced by Finance Act 2022

• What are the implications of the amendments introduced in 2022?
• How are unauthorised developments affected?
• What are the implications for partially completed developments?

Land Value Sharing Tax

• What is Land Value Sharing Tax?
• What implications will it have for conveyancers?

Residential Tenancies Update

Implications of the Residential Tenancies (Amendment) Act 2021

• Does the legislation restrict the landlord’s right to terminate a “Part 4” tenancy without reason on its expiry?
• How can a tenancy created on or after 11 June 2022 be terminated?
• Do the new provisions apply to the renewal of a tenancy after 11 June 2022?
• What is the position where an existing “Part 4” tenancy expires on or after 11 June 2022 and a valid notice of termination has not been served?
• How do you calculate any termination notice period given in accordance with the Landlord’s section 34 rights?

Implications of the Regulation of Providers of Building Works and Miscellaneous Provisions Act (which is effective from 6 July 2022)

• Termination of a tenancy by a landlord: what are the new notice periods?
• Must all notices of termination now be copied to the RTB?
• What are the penalties for a landlord who fails to adhere to the new requirement?

Residential Tenancies and Valuation Act, 2020

• What specific termination procedures must be followed in the case of non-payment of rent?
• How frequently is a landlord required to register each tenancy with the RTB?

Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act, 2022

• What is the purpose of the legislation and what tenancies are affected?
• How does the legislation affect termination notices which have already been served?
• How is the deferred termination date determined?
• What additional measures have been introduced in respect of tenancies of less than six months duration?
• Are there any exemptions from the legislation?
• Is there any exemption in relation to “no fault” terminations by a landlord?
• Does a tenant acquire any security of tenure under part 4 of the 2004 Act as a result of the additional period of occupation?

Conflicts and contradictions between Law Society Contract for Sale and the Law Society/CIF Building Agreement in residential building estates

• Review of exiting Practice Notes and residential Certificate of Title system affecting residential building estates
• Identify and resolve areas of conflict between Contract for Sale and the Law Society/CIF Building Agreement in particular:

1. Closing date
2. Interest rates
3. Identity
4. Liability for defects/ Caveat Emptor
5. Forfeiture
6. Unfair Terms

• Liability of new residential properties to LPT
• Homebond update