The Sale and Purchase Deed is a fundamental legal instrument in Irish property law, used to transfer ownership of real property from one party to another. This document is essential for any property transaction in Ireland, whether residential, commercial, or industrial. It must comply with the requirements of the Land and Conveyancing Law Reform Act 2009 and other relevant Irish legislation. The deed includes crucial information such as the parties' details, property description, consideration, title covenants, and various warranties. It requires formal execution and witnessing, and is typically prepared by solicitors to ensure compliance with all legal requirements. Once executed, the Sale and Purchase Deed serves as evidence of the transfer and forms the basis for registration of the new owner's title with the Property Registration Authority of Ireland.
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1. Parties: Identifies and defines the Vendor(s) and Purchaser(s) with full legal names and addresses
2. Background: Recitals establishing the Vendor's ownership, right to sell, and context of the transaction
3. Definitions: Defines key terms used throughout the deed including the Property, Completion Date, and Purchase Price
4. Testatum: Formal declaration of the transfer, incorporating the consideration and receipt acknowledgment
5. Parcels: Detailed legal description of the property being conveyed, including any easements or rights
6. Title: Vendor's confirmation of good and marketable title, free from encumbrances
7. Covenants for Title: Standard covenants required under Section 80 of the Land and Conveyancing Law Reform Act 2009
8. Execution and Attestation: Formal execution clause and witness requirements
1. Special Conditions: Used when there are specific agreements or conditions particular to this transaction
2. Planning Warranties: Include when the property involves development land or recent construction
3. VAT Provisions: Required when the transaction is subject to VAT
4. Environmental Warranties: Include when the property has potential environmental concerns
5. Service Charge Provisions: Required for properties subject to management companies or service charges
6. Contribution Provisions: Include when there are shared facilities or maintenance obligations
1. Schedule 1 - Property Description: Detailed description of the property including maps, plans, and boundaries
2. Schedule 2 - Rights and Easements: Details of rights granted and reserved affecting the property
3. Schedule 3 - Incumbrances: List of any existing charges, mortgages, or other incumbrances
4. Schedule 4 - Title Documents: List of documents proving title and documents handed over on completion
5. Appendix A - Plans: Property maps, site plans, and any relevant drawings
6. Appendix B - Planning Documents: Copies of relevant planning permissions and certificates
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