Ireland—Completion declarations

Published by a Lexis+ Ireland - Property expert

Practice notes

Ireland—Completion declarations

Published by a Lexis+ Ireland - Property expert

Practice notes

In property transactions there a number of statutory declarations and certificates that are required to be provided on closing. This Practice Note sets out the most commonly required documents below together with links to precedent documents.

Section 72 Declaration

Section 72 of the Registration of Title Act 1964 (Ireland) provides that certain burdens can affect registered land without registration (Section 72 Burdens). These burdens will not appear on the Land Registry folio and the purchaser will only be made aware of the burdens if they are disclosed by the vendor.

It is therefore standard practice that on completion transaction which involves registered title, such as a sale or secured lending, the landowner will provide a declaration confirming that no Section 72 Burdens affect the registered title.

The Law Society has published a precedent long-form Section 72 Declaration which recites all of the Section 72 Burdens and which they recommend is used by practitioners for all transactions. Please note that this declaration should be carefully reviewed and amended only where the circumstances or the transaction require.

Family Home Declarations

Jurisdiction(s):

Ireland

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