Property

Overview

If you’re considering buying or selling a property, all aspects of the purchase or sale should be absolutely clear to you before you sign contracts. Attention to detail is what distinguishes our services in property and conveyancing at Prospect Law. While hold ups are sometimes unavoidable, our experience and knowledge in this area will expedite your property transactions and minimise delays.

Sales

The first priority is to ensure that your title to the property is sound. Locating the title documents to enable Prospect Law to take up them up on your behalf is the first step. We will then ensure that the documents are in order, and, if not, take whatever steps are necessary to establish your ownership of the property.

The net proceeds you hope to get from the sale need to be discussed at an early stage, particularly if you’re planning to buy a property with this money. The cost of paying off the mortgage (if there is one) needs to be factored in. Ditto professional fees and any outlays owing, such as local property tax or management fees (in the case of serviced properties).

Extensions and alterations over the years require particular attention, in our experience. Issues such as rights of way, planning, ownership of service roads and laneways may need to be clarified; and we will advise as to whether declarations are needed from your architects as to previous developments.

Purchases

We recommend having the property surveyed by an experienced building surveyor as early as possible. The budget also needs to be discussed an early stage. This should include professional fees as well as stamp duty and outlay, to prevent unexpected shortfalls at the eleventh hour.

Our services at Prospect Law include:

• reviewing the seller’s maps to establish the identity of the property

• reviewing the title and planning documents

• clarifying such issues as rights of way, ownership of service roads and laneways

• advising as to whether further declarations are needed from your architects as to future relevant developments

• reviewing and discussing the mortgage documents with you, to include;
  whether the mortgage exceeds the value of the property;
  whether there are outgoings on the property that remain to be paid.

Planning and environment

Ireland's planning system has produced ugly and unsustainable developments over many years to the disadvantage of communities. 

An area of particular contention are Strategic Housing Developments (SHD), which are applications that go directly to An Bord Pleanála for decision. These decisions cannot be appealed. Some of the types of application under strategic housing developments are:

• 100 or more houses

• Student accommodation units

• Mixed development of housing and student accommodation

• Alteration of existing permission from a planning authority

• Alteration of existing permission from An Bord Pleanála

Decisions of an Bord Pleanála can be challenged by judicial review. This will be in circumstances where there may have been some procedural error or the decision is irrational or unreasonable. 

If you are a community representative or environmental activist seeking to object to a development, we are here to help. 

Prospect Law has an excellent record in challenging ugly developments rubber stamped by An Bord Pleanála but ultimately found to be unlawful by the Irish Courts.  Our initial review of a case takes a no nonsense approach, assessing the prospects for success.