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RESIDENTIAL PROPERTY & CONVEYANCING

property law cork
BUYING OR SELLING A PROPERTY? GET EXPERT ADVICE AT COMPETITIVE RATES

Residential property law and conveyancing services have always been a mainstay of our practice and, we are proud that clients throughout Cork, Waterford and Tipperary have entrusted us with their business for over 130 years. We understand that the acquisition of a property is a significant financial investment and is one that requires reliable legal advice from a property solicitor. Whilst every transaction is unique, we offer each client a service that is personal, efficient and dependable.

Our property solicitors work with clients at all levels of the property market and have encountered many of the legal issues which you are likely to meet in your transaction. Our legal services range from the purchase, sale and mortgage of houses, sites and apartments to resolving title problems, boundary disputes and rights of way. Whether you are a first-time buyer, homeowner or a property investor, you can rely on the experience of our conveyancing solicitors to get it right.

We are an efficient firm, our legal fees are competitive and we appreciate that much of our property business comes by way of referrals from other satisfied clients.

KEY AREAS INCLUDE:

SOLICITOR FOR BUYING OR SELLING A HOUSE

Anthony Carroll & Co are an established firm with wide ranging experience in the sale, purchase and mortgage of all forms of residential property. If you are looking for a solicitor for buying or selling a house, we can help. We are instructed on a daily basis by clients buying and selling property and take full control of the sale process, right  from directing mapping and planning compliance to preparing and finalising all contractual documentation.

When buying a house, the legal principle “buyer beware” applies. This dictates that the buyer is responsible for conducting their own pre-purchase surveys and due diligence to identify all issues before signing a Contract for Sale. If a title problem or a structural defect is only discovered after signing, then there may be no recourse to the vendor for compensation.

Prior to every purchase, our property solicitors undertake a title review examining all aspects of the title deeds and contract documentation. In this way, you will benefit from reliable legal advice and good judgement before committing to any purchase. We have also designed a dedicated purchase guide for clients to alert them to potential issues in the housing market.

FIRST TIME BUYERS & HOME LOANS

Embarking on the first step of the property ladder can be an exciting but daunting prospect. For many, this is your first time engaging with auctioneers, banks, mortgage brokers and engineers, where the benefit of an experienced property solicitor will be helpful to navigate the process.

Our first-time buyer practice has grown in recent years and we take great pride from guiding so many young clients to becoming homeowners for the first time Building longstanding client relationships has always been important to our firm and we hope that your house purchase will be the starting point with us. We understand that buying a first home is an expensive process, hence we offer reduced legal fees to all first-time buyers covering the cost of your purchase and mortgage. So if you are a first time buyer looking for a solicitor for buying a house or mortgage, consult our property solicitors to get the process started. 

SITE TRANSFERS

For clients building their own home, acquiring a site will be the first step. In all cases, the identification of clear boundaries is important and we will work closely with your surveyor to avoid disputes and boundary problems down the line. Issues, such as acquiring easements for water pipes, sewers, percolation areas and sight lines must also be considered.

Our property solicitors have a strong understanding of planning legislation and guidelines which can impose strict conditions for one-off rural housing. As such, we generally advise that the site transfer should not be finalised until full planning permission has been granted.

In terms of taxes, we brief clients on the criteria to qualify for a partial refund of stamp duty on the site. Where a site is gifted, we will also consider the implications of capital acquisition tax (CAT) and advise on the implications of capital gains tax (CGT) relief applicable to sites.

BUILDING YOUR OWN HOME - BUILDING AGREEMENTS

There are inherent risks with self-builds since such building projects depend entirely on the competence and financial security of your builder to transform a bare building site into a habitable home. There is considerable scope for the project to go wrong during this period, so prudent legal advice from a property solicitor is important to mitigate risk where possible.

In all self-build projects, a clearly defined Building Agreement is essential. As property solicitors we advise on critical clauses relating to structuring stage payments & retention funds, specifications, PC sums, extras and dealing with price variation. In addition, we will direct mapping and valuations and assess your eligibility for the Help to Buy Scheme. Issues such as Insurance during construction, death or insolvency of the builder and structural guarantee schemes will also be addressed. As the project develops, we will advise on compliance with Planning Permission, Identity and Building Regulations.

Anthony Carroll have many years’ of experience dealing with builders, both good and bad, so we are alive to construction risks. We have prepared a dedicated guide for home builders, and engage with our clients right from the start to ensure they achieve positive outcomes.

APARTMENTS AND MANAGED PROPERTIES

As more and more people choose to live or invest in residential apartments and managed properties, we frequently advise on the sale and purchase of units in these developments. The legal structures of apartments are both complex and technical involving leases, management agreements and management companies. Obtaining adequate structural surveys and compliance with planning legislation in the context of apartments is also problematic.

A high level of legal expertise in dealing with such developments is required to protect clients purchasing apartments and managed properties. Our conveyancing solicitors will advise you on important issues such as sinking funds, service charges, management company budgets and car spaces. We have set-up several managed schemes for developers and can bring this experience when acting for a vendor or purchaser. We have also designed a special legal guide to protect clients when buying apartments.

OTHER AREAS:

GROUND RENTS & PURCHASE OF FREEHOLDS

As property solicitors, we regularly advise on buying out ground rents and the various methods of acquiring freeholds of residential properties. This includes both Consent and Arbitration proceedings before the Property Registration Authority (PRA) and also Applications before the County Registrar. We register Vesting Certificates with the PRA which is often overlooked.

CARETAKER AGREEMENTS & LICENCES

The firm offers a range of Caretaker Agreements and licenses to regulate situations where parties are permitted to occupy property without payment of rent.

RESIDENTIAL LETTINGS & RTB

We prepare both short and long-term letting agreements for landlords and also provide employers with tied leases for their employees. We are frequently consulted by landlords in relation to serving notices and terminating tenancies under the Residential Tenancies Acts and defending proceedings before the Residential Tenancy Board (RTB).

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