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Tailte Éireann engagement ‘now more positive’

Solicitors have heard that engagement with Tailte Éireann about issues being experienced by solicitors making applications to the Land Registry has become “more positive” in recent weeks.

Kenneth Egan (partner, Arthur Cox), who is the convener of the task force on the issue, was updating solicitors at the annual property-law update in the Law Society (17 October).

The event was organised by Law Society Professional Training, in collaboration with the Law Society’s Conveyancing Committee.

The conference also discussed a recent report on speeding up the conveyancing process, with attendees warned that the introduction of e-conveyancing would be “a tough nut to crack”.

Rejections

Egan told the event that Tailte Éireann had been “a significant point of focus” for the Conveyancing Committee, after concerns expressed by solicitors about recent changes in the way the Land Registry was responding to applications from solicitors.

He said that applications had been rejected for no reason, or for vague reasons, leading to delays, while it had become more difficult for solicitors to contact officials in the Land Registry to seek guidance.

Egan said that Tailte Éireann had now issued a direction to Land Registry staff to be more specific about reasons for rejection, while the organisation had also committed to updating the secretary of the Conveyancing Committee on any published changes to its procedures.

Handling money

Committee member Michael Walsh (partner, ByrneWallace) updated the conference on recommendations made by the Housing for All expert group on conveyancing reform.

Walsh welcomed many of the proposals – including a plan for banks to respond to requests for title deeds within ten days – but expressed disappointment that a Law Society proposal for 'established non-conforming developments' was not included.

This proposal was aimed at addressing the current requirement for solicitors to examine the planning history of a property for the past 60 years, which Walsh described as “a nonsense”.  He asked members to furnish to the Conveyancing Committee examples of hardship suffered by clients owing to this long lookback period.

The report also targeted the introduction of e-conveyancing by the end of 2027. 

Walsh told the event that while a vision for e-conveyancing had yet to be settled, it was likely to involve the handling of transaction funds, reducing the use of the solicitors’ client accounts, a development that he believed would lead to a “a safer place for us”.

He said that solicitors were facing increasing cyber-risks, adding that some firms in London and elsewhere were now refusing to handle money entirely in conveyancing cases.

Impact on investment

Earlier, Tony O’Sullivan (partner, Beauchamps) told attendees that the conveyancing process was “not getting any easier”, due to increased regulation in areas such as money-laundering and GDPR.

He added that e-conveyancing would be “a tough nut to crack”, as it needed co-operation from other sectors – including the banks and Tailte Éireann. 

O’Sullivan pointed out that up to 15 parties could be involved in the process of buying and selling a property.

The conference heard that, while solicitors often took the blame for lengthy delays, much of their time was spent waiting for other parties.

Concerns were also expressed about the impact of long delays on individuals and, potentially, on foreign direct investment.

Revenue improvements

Representatives from Revenue also attended the packed conference to give updates on Local Property Tax (LPT) and the Vacant Homes Tax.

In response to complaints from solicitors about the clarity of LPT information on its online system, Revenue said that improvements were planned before the end of this year.

The conference also heard an update on recent practice notes from Deirdre Fox (principal, Deirdre Fox & Associates), while Elaine Whelan (Philip Lee LLP) spoke on pre-lease enquiries. 

Margaret Walsh (partner, Shell Solicitors) also outlined the implications of the Assisted Decision-Making (Capacity) Act 2015 for conveyancing solicitors.