Complex Conveyancing is the latest professional practice guide manual produced by the Law Society's Law School is respect of conveyancing and landlord and tenant law. The guide is aimed primarily at trainee solicitors but, as with previously published guides, will prove invaluable to all practising conveyancers. The title does not do justice to the contents of the guide, which covers a wide range of topics and issues that can arise in a conveyancing transaction. Where relevant, changes proposed by the Land and Conveyancing Law Reform Bill 2006 are flagged.
Ably edited by Gabriel Brennan and Nuala Casey, the authors include many well-known practitioners who have provided individual chapters in relation to their areas of expertise. As well as practitioners, other contributors include John Deeney, deputy registrar of the Property Registration Authority (PRA), who has produced a terrific chapter on first registration.
Building on chapters contained in the previous publications, fundamental skills such as investigation of title, acceptable roots of title, and title research are developed further. Unusual titles involving settlements, landed estates court conveyances, wards of court and purchasing from a sheriff are also included.
Three useful chapters cover PRA rules and requirements in relation to first registration procedures (both straight-forward applications and those involving adverse possession, conversion of title, and so on) and complex/uncommon dealings such as crystallised charges, property adjustment orders and shared ownership leases. Practical checklists, forms and guidelines are included.
the chapter in relation to voluntary deeds, undertakings and ethical issues should be required reading for all solicitors, not just those acting in conveyancing transactions.Other chapters deal with transactions involving property owned by religious orders, the issues arising when acting in a commercial lending transaction, food hygiene and its impact on conveyancing practice, safety, health and welfare at work legislation and construction regulations.
For the 'townies' among us, an entire chapter is devoted to the sale of farms, and highlights the issues that a conveyancing solicitor needs to cover off when acting for a vendor or a purchaser in such transactions. Full repairing and insuring leases are analysed from both landlords' and tenants' points of view.
In relation to new houses and apartments, a full section deals with acting for a builder/developer, the documentation involved in an apartment sale, and mixed-use developments. The section includes helpful precedents, such as an apartment lease, a lease of easements and a partition agreement.
The final two chapters deal with foreign investment properties and taxation issues arising in relation to investment properties.
Written in a clear and concise manner with legislative references throughout, the manual is a welcome addition to the conveyancing solicitor's library. It provides practitioners with a refresher course in the more difficult aspects of conveyancing, and the various checklists and precedents will be of great assistance. While some topics are covered briefly, the guide is a 'ready reckoner' and an easily consulted reference point. Sincere thanks and plaudits are due to all our colleagues who contributed so generously both their time and knowledge to the publication.
Majella Egan is a solicitor with McCann FitzGerald
Law Society Gazette, December 2007