I can understand that anyone involved in the profession is offended by insults like "cowboy" or "muppet". But I can see why titles such as those would be applied. Whle it is probably a small minority of the legal profession who have acted unprofessionally, that is enough to instil fear and distrust in the general public, for whom Law is already an unfamiliar area. As far as I am aware, the legal profession is one the few (or only?) profession that still self-regulates - I believe this leaves the whole profession vulnerable to the incompetence/dishonesty of a few.
Solicitor failed to register deeds
- Thread starter somehope
- Start date
I can understand that anyone involved in the profession is offended by insults like "cowboy" or "muppet". But I can see why titles such as those would be applied. Whle it is probably a small minority of the legal profession who have acted unprofessionally, that is enough to instil fear and distrust in the general public, for whom Law is already an unfamiliar area. As far as I am aware, the legal profession is one the few (or only?) profession that still self-regulates - I believe this leaves the whole profession vulnerable to the incompetence/dishonesty of a few.
I don't think it is true to say either that the legal profession self-regulates or that all the others are not self-regulatory. I and others have posted before on the actual mechanisms of regulation of solicitors which already include a board made up of both solicitors and non-solicitors and appeals to court etc. Also shortly to come is the ombudsman which is largely welcomed by the members of the law society, myself included. This is not because I think that regulation to date is flawed but because public perception of it is- law must be done AND seen to be done.
M
mercman
Guest
Yet another case of legal malfunction. I find it very difficult to understand as to how anybody can defend the legal profession like Vanilla does. Tabris, the property trasaction occured in 1973 - it doesn't wash that 35 years later to even try and apportion blame on the Land Registry. Coupled with this, files can be removed after 8 years if the matters are closed. In the case with annemarie, her parents as mentioned transacted the property in 1973. The file was not closed - it's just a case of pure incompetence of the solicitors acting for the persons concerned. And to add insult to injury the Law Society, who appear even more useless, quote the matter as already mentioned that there is no requirement to hold files after 8 years. When, if ever, will the legal profession stand up and be counted and admit there are failings in their systems, their members and rules and regulations. God we all wait for the day when they admit thay this self regulation is flawed and yes there are mistakes which simply cannot be swept under a thick pile carpet.
mercman you are jumping on posts without merit. I posted simply saying that 1. the publics concept that the law society is entirely self-regulated at present is flawed and 2. I welcome an independant ombudsman being appointed. Where did I defend the actions of the individual solicitors complained of here? Also you are jumping on someone elses post saying they are blaming the land registry for delays since 1973- that is patently not what they said. Maybe you should re-read posts as they actually are, not what you would like them to be.
I stand corrected. I guess what the legal profession needs is some better PR
The ombudsman is a good idea and I'm sure all those who bring credit to the profession will welcome that development. BTW, I belong to a profession that no longer self-regulates. I welcomed this development as sadly, we have a few bad apples of our own. I can't call them Muppets as I love Kermie and Co, (Off topic here, but this is guaranteed to cheer you up if you're having a bad day).
I wonder what would happen if you didn't have to pay your solicitor until the property was registered? Amazingly enough I think the whole process would be cleaned up overnight and they'd be registed in double quick time.
I can accept the 1973 case but 2001 for Somehope and Petal 2 years. A firm breaking into two should not be an excuse for not doing the job you are paid to do. I mean for goodness sake that is the job ! As Ireland is so small it's also very difficult to get a solicitor to take on another solicitor - defeaning silence to this last point from the solicitors on here.
Somehope your best bet is to continue with the current solicitor he certainly owes it to you to get it speedily sorted out. If you have to go to another solicitor I certainly hope the first solicitor will be paying the costs.
I can accept the 1973 case but 2001 for Somehope and Petal 2 years. A firm breaking into two should not be an excuse for not doing the job you are paid to do. I mean for goodness sake that is the job ! As Ireland is so small it's also very difficult to get a solicitor to take on another solicitor - defeaning silence to this last point from the solicitors on here.
Somehope your best bet is to continue with the current solicitor he certainly owes it to you to get it speedily sorted out. If you have to go to another solicitor I certainly hope the first solicitor will be paying the costs.
M
mercman
Guest
tabris6ie, I was not apportioning blame to the Land Registry in this case. Whilst they can take an inordinate amount of time, they are in the hands of the information that has been provided to them.They are Civil Servants and therefore have no interest in having matters messed up. My terminology may have been out of character in this respect, but they are as good as the information they get.
Re: Solicitor failed to register deeds / Tax Implications
I encountered a similar problem - when I redeemed my mortgage I found out that it had taken 5 years to register the deeds. I was deciding whether to sell my PPR or rent it out for a few years before selling. A big factor in the decision was the amount of CGT that would have to be paid. The calculation is (total_time - time as PPR) / (total_time) x 0.2 x salePrice. The kicker was that my new solicitor advised that the time as PPR did not count until the deeds were registered. Therefore my tax liability would be much greater if I was to rent it out. By selling it immediately, I could avoid a tax dispute. So I sold in May 2006. Can anyone confirm the tax implications of the registration delay? Will it affect Somehope?
I encountered a similar problem - when I redeemed my mortgage I found out that it had taken 5 years to register the deeds. I was deciding whether to sell my PPR or rent it out for a few years before selling. A big factor in the decision was the amount of CGT that would have to be paid. The calculation is (total_time - time as PPR) / (total_time) x 0.2 x salePrice. The kicker was that my new solicitor advised that the time as PPR did not count until the deeds were registered. Therefore my tax liability would be much greater if I was to rent it out. By selling it immediately, I could avoid a tax dispute. So I sold in May 2006.
Can anyone confirm the tax implications of the registration delay? Will it affect Somehope?Liar's Poker
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Nonsence, my understanding of CGT is ownership runs from the date of the contact (or deed) for purchase to contract (or deed) for sale. Regisration of title is optional. banks insist on it to protect their interests. One thing that the Michael Lynn debacle exposed was the bank's lax attitudes to follow up registrations and the return of deeds. It's a cliche but possession really is 9/10ths of the law. Home owners own reponsibility to ensure that their title is registered.
Re: Solicitor failed to register deeds / Tax Implications
Date of registration is irrelevant in relation to CGT- date of acquisition is technically teh date of the contract.
On an aside the fact that registration has gone on for five years might have nothing to do with the solicitor as in some cases mapping delays have meant up to five years or longer delay actually in the Property Registration Authority itself
I encountered a similar problem - when I redeemed my mortgage I found out that it had taken 5 years to register the deeds. I was deciding whether to sell my PPR or rent it out for a few years before selling. A big factor in the decision was the amount of CGT that would have to be paid. The calculation is (total_time - time as PPR) / (total_time) x 0.2 x salePrice. The kicker was that my new solicitor advised that the time as PPR did not count until the deeds were registered. Therefore my tax liability would be much greater if I was to rent it out. By selling it immediately, I could avoid a tax dispute. So I sold in May 2006.
Date of registration is irrelevant in relation to CGT- date of acquisition is technically teh date of the contract.
On an aside the fact that registration has gone on for five years might have nothing to do with the solicitor as in some cases mapping delays have meant up to five years or longer delay actually in the Property Registration Authority itself