Taking precedents

In our new ‘Spotlight’ series on the tireless work being done by our committees on behalf of solicitors across the country, Conveyancing Committee chair Eleanor McKiernan opens the door to their significant role

The Conveyancing Committee is one of the Law Society’s longest serving and largest committees. Its 23 members represent large, small, and medium-sized practices from across the country, boasting an extensive skillset.

Members of the 2023/24 committee hail from in-house to private-practice firms, all feeding in valuable expertise on conveyancing practice and procedures. Members are experts in residential and commercial conveyancing, as well as landlord and tenant matters.

The committee also deals with planning issues, insofar as these relate to conveyancing property transactions, and many other issues that arise during a conveyancing transaction.

The chair of the Conveyancing Committee is Eleanor McKiernan. She was born in Cavan, moving to Wexford at a young age. Educated in Wexford and Dublin, she has spent the last 20 years living in Gorey with her family. She is a partner with Augustus Cullen Law and practises in both their Gorey and Wicklow offices.

The committee meets on the second Tuesday of each month (except for August). So what’s its raison d’être?

Says Eleanor: “Number one is dealing with our members’ queries. Sometimes we can reply to them immediately by referring them to a practice note that has already issued. Much of the time, solicitor queries feed into what might be up for discussion on our monthly agenda. Solicitor queries, our discussions, and subsequent actions can feed into each other as a result.

“A new practice note might issue because we see something that’s happening in practice, or we’ll issue a note about it due to a query that might not have been dealt with before. Sometimes, we might take a look at our template documents and revise them to keep them up to date and relevant.”

Practice reform

The Conveyancing Committee issues many property documents, which are available to members at lawsociety.ie.

“So, for example, there are the Conditions of Sale (2023 edition) for transactions commencing on or after 1 November 2023. Also available through the website is the Requisitions on Title (2019 edition) and numerous other template declarations to assist practitioners – for example, family law declarations, to name a few”

Eleanor continues: “In the last number of years, we’ve seen a much stronger emphasis on practice reform. For instance, we’ve been looking at our conveyancing procedures and practice in the round to see how we can modernise them. How best to digitise and move with the times?” she asks.

“A lot of our work is heavily involved in practice reform. So, if you take our recent Contract for Sale in 2023, we updated the terms to clarify that contracts can be digitally signed and exchanged.”

Government submissions

A few years ago, the committee launched a submission to Government on Statements of Truth.

“Currently, in our conveyancing procedure, we use statutory declarations as an essential part of every transaction, and they go back to the Statutory Declarations Act 1938,” says Eleanor.

“This means that, when somebody is signing a declaration, they must be physically in the presence of another solicitor or commissioner for oaths. This caused huge difficulties during COVID. If you want to modernise the system, we need change that will allow for these to be signed digitally or remotely. And so we have a submission with Government at the moment in relation to amending the existing legislation to provide for these Statements of Truth, like the position adopted in litigation before the courts.

“Another area where I would hope to see change is in the facilitation of e-conveyancing – moving to a more streamlined process in the area of planning. For conveyancers dealing with planning, we have to look at the planning history going back to 1964. I mean, it’s an unbelievable ask – especially in circumstances where the local authorities may not even keep records going back that far, or where these might be lost. So, if we want to modernise, that needs to be looked at.

“We have a submission in at present asking for recognition of a new category of development, ‘established nonconforming development’. This would improve and modernise the system and greatly improve efficiencies for property sales, ultimately benefitting the consumer. These modernisations would be a huge step forward.”

Frustrating issues

Is there anything frustrating the Conveyancing Committee at present?

“Conveyancing is an area of law that is in real need of streamlining and modernisation. This is something that we feel strongly about. So, until we reach that point, we are having to deal with a system that is imperfect and presents its own series of challenges.

“As regards challenges in particular areas, we have a few constants,” says Eleanor.

“For example, issues with lenders in relation to delays receiving title deeds, redemption figures, and discharges. Also, Tailte Éireann changed their processes at the end of last year without consulting us and without prior notification. We’ve spent a lot of time this year dealing with the consequences, which are causing huge stress and pressures across the board.

“Dealings are being rejected and are having to be relodged. This has taken up considerable time on the committee’s agenda and is a huge problem for members and our clients where this delays property transactions.”

The committee chair adds: “We have written to Tailte Éireann and it was invaluable that our members fed in examples of rejections to us, because we were able to use those as the basis for our communications with them. Our view is that a collaborative approach would yield better results for everyone.”

The Conveyancing Committee is keeping this matter under continuing review.

“Our members are our clients,” says Eleanor McKiernan, and their clients are the members of the public – your normal buyer and seller of a property. We have to bear in mind that, while we may buy and sell a property every day, for many people this is a significant personal and commercial transaction in their lives, so anything we can do to ease the process is important.”

Privileged role

Does she enjoy her role? “Yes, it’s a privilege for me to be a member. It’s a really hard-working committee and the members give their time, voluntarily, and very generously. We discuss members’ queries, listen to the views of the committee members, availing of their great expertise, and try to come up with the best solutions.”

How much time does her committee role take up each week? “I wouldn’t like to say!” laughs Eleanor.

“It’s more difficult when you’re the chair, balancing your work commitments, your personal commitments, and meeting those of the committee – but I would still say that the positives far outweigh the negatives. It’s an exciting area to be involved in. I have to add that I get great support from vice-chair Keith McConnell, committee secretary Deborah Leonard, and the committee members. We work together as a team, so you’re never on your own.”

What difference is the committee making to solicitors’ lives?

“I don’t think there’s a single conveyancer who isn’t using the Law Society’s Contract for Sale and Requisitions on Title, and look at all our useful template documents and guidance notes! We’re trying to make solicitors’ lives easier and to make things more efficient.

“Our committee secretary, Deborah Leonard, is currently attending cluster events around the country. Getting ‘out there’ allows us to show members what’s happening in conveyancing practice and, very importantly, to get feedback from them about what’s happening in their locality. So it’s very much a two-way street. We need our members to feed into us so that we can do our best for them.”

Wish list

If there was one thing she could change about her committee to improve it, what would that be?

“To be honest, I’d like to see some kind of document-management system introduced for the committee. The workload is absolutely huge. In our own practices, we all have document/case-management systems. I just can’t imagine being a conveyancing solicitor without one. So if I were to pick one thing that the Law Society could give the Conveyancing Committee to help us handle our huge case load, that would be it!

“In addition, we would love to see more people on the committee from the western seaboard – Limerick, Clare, Kerry, Galway, Sligo and Donegal. We have a member from Mayo, but would welcome greater representation from this area. We receive queries all the time from our members, but different counties can have very different issues. So it’s really important that we get feedback from members in those areas. This would also encourage solicitors practising in those counties to get more involved with the committee.”

Eleanor is proud of the work they do and refers to the recent Legal Services Regulatory Authority report on the profession of conveyancer.

“What was interesting about that report was the overwhelmingly positive reaction for buyers and sellers with their conveyancing solicitors. The report also revealed that the consumer really values good communication with their solicitor, having a good relationship, and their solicitor’s good reputation.”

Eleanor concludes: “I really appreciate the input of all the members of our committee. They all give so generously of their time and their expertise – not just monthly, but on the many task forces that meet outside of committee time. The committee is divided into task forces, and the level of expertise and commitment in every one of those task forces is unparalleled.

“Another significant project that we’re working on at present is the combined contract for sale and building agreement. That’s a huge body of work that a specific task force is working on. This work simply could not be done without such an excellent committee with great members!”

Mark McDermott is editor of the Law Society Gazette.

FOCAL POINTS

What the Conveyancing Committee does for you

• In 2023, the committee issued 14 practice notes and one guidance note. To date this year, it has issued seven practice notes.
• The committee made a planning submission to Government in 2023, and is currently preparing another submission on the area of commercial rates.
• In 2024 so far, members of the committee have engaged four times with the Government’s Housing for All body.
• The committee meets Revenue every four to six weeks on local property tax issues and is liaising with Revenue with regards a webinar on LPT, which will greatly assist practitioners.
• It meets the Local Government Management Agency every four to five weeks in an effort to progress a standard Letter of Request and Letter of Reply for local authorities regarding roads and services being in charge.
• Committee secretary Deborah Leonard is the first point of contact for solicitors who have any queries or requests. She receives anywhere between two to six enquiries a day from solicitors around the country.
• Future revisions and publications include a combined Contract for Sale/Building Agreement, a building estate transfer, the revision of the Requisitions on Title, and updating FHPA declarations.
• The longest-serving member is Rory O’Donnell, who celebrates 50 years on the committee this year. Committee chair Eleanor McKiernan comments: “Rory is an amazing contributor and has incredible knowledge in relation to conveyancing and practice. I believe he was one of the committee’s founding members!”