Conveyancing – What is it, who needs it, and do I need a solicitor?

What is conveyancing?

Stripped of its legal jargon, the term conveyancing refers to the legal transfer of a property from one owner to another. In order to make sure that such a transfer is legal under the law, there is a substantial amount of admin and paperwork that needs to be processed in order for the purchase of a property to be deemed valid. 

When does conveyancing start?

The process of conveyancing generally starts as soon as an offer has been accepted by the seller for the property. Once contracts are signed between the buyer and the seller of a property and the keys are handed over, then the conveyancing process is deemed to have been completed.

Who needs conveyancing?

Anyone who is buying a property will need to undertake the process of conveyancing. It will also need to be done for anyone who is selling a property.

So who does the conveyancing? Can I do it myself?

If you a buying a property without having applied for a mortgage, then it is possible (although not advised) to conduct the conveyancing process yourself.

However, as most people in Ireland require a mortgage to buy a home or property, it is often a stipulation of mortgage lenders that you employ the service of a conveyancing solicitor to carry out the conveyancing process.

What will the conveyancing solicitor do?

The role of a conveyancing solicitor will differ slightly depending on whether you are buying or selling a property.

If you are the seller, the role of the solicitor will be to ensure that the title deeds for your property are correctly transferred to the new owner. They will also confirm that you are no longer the legal owner of the property once it has been sold.

If you are the buyer, then your solicitor will work with the seller’s solicitor to confirm that all paperwork is in order and that you are now officially, and legally, the new owner of the property.

In either case, the services provided by experienced conveyancing solicitor will guarantee that your best interests are protected during the buying or selling of a property, and that the legalities of any and all transactions are adhered to under the law.  

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*

EU law requires more transparent and predictable employment conditions. What does it mean for employers? 

New legal regime

Directive 2019/1152 on Transparent and Predictable Working Conditions seeks to offer protection to employees in more precarious employment positions. It has been implemented in Ireland by way of the European Union (Transparent and Predictable Working Conditions) Regulations 2022, which came into effect on 20 December.

There are a number of additional legal requirements, particularly when it comes to drafting contracts of employment.

Terms of contract

An employer must notify employees of the terms and conditions of employment within one month of the employment commencing, which was previously two months. Employers are also required to provide an employee with the core terms of employment within five days of commencing employment (‘the five-day statement’). 

A number of terms now must be provided in the five-day statement, including the place of work, the role title, commencement date of contract and terms relating to hours of work.

The one-month statement must now additional include details of training provided, the identity of the main employer, work patterns and the number of guaranteed paid hours and minimum notice periods for shift-work.

Employers may not restrict an employee from undertaking other employment unless there are objective grounds for doing so, including, for example health and safety or confidentiality. Any restriction should be justified in the terms of employment.

Probationary period

The new rules also introduce a maximum probationary period. Prior to its introduction, an employer and employee were free to agree any duration of probationary period as a term of the contract of employment. However, now the maximum period of probation is 6 months. This can be extended if the employee is absent during the initial probationary period. It does not apply to public servants.

Employers should be aware that if an employee has recently completed at least 6 months of their probationary period then that probation will expire either on the date when it was due to expire or on 1 February 2023, whichever date is earlier.

Effectively, this means that if the original contract of employment included a probationary period of longer than 6 months and the originally agreed period has not yet expired, it will end as of 1 February.  

I Was Involved in a RTA While Riding my Bike - Am I Entitled to Compensation?

Although cycling is generally viewed as a good and cost-effective way to commute, keep fit, and experience the outdoors, it is unfortunately not without risks, particularly when riding on roads that are also shared by motor vehicles.

Given that you may have little protection when riding your bike if you are hit by a car, for example, serious and possibly life-threatening injuries may the result if you are struck, not to mention the potential damage to your bike and financial losses that accrue as a result of the accident.

Am I entitled to compensation if injured while cycling?

Although it may be the last thing on your mind following an accident, you may be wondering if you are entitled to any compensation following an accident while riding on your bicycle.

As is the case with any other road user, those who are injured while cycling on Irish roads are entitled to compensation, provided they were not negligent or at fault for the accident. For compensatory purposes, injured cyclists are treated in the same manner as other personal injury cases, and are dealt with by Personal Injuries Assessment Board (PIAB).

What should I do if I was involved in an accident while riding my bicycle?

After you have checked yourself to ensure that you have received no major injuries following the accident, it is still advised that you visit a local hospital/your GP for a checkup.

If Gardai do not present themselves at the scene, visit your nearest garda station to make a detailed report outlining the events of what happened. Such a report may be called upon later, so it is important that you recall the incident to the best of your recollection.

Once these initial steps have been followed and your physical wellbeing is established, it is at this point you may consider launching your claim with the PIAB. Further details on this process can be found on our previous blog post here.

Should I contact a solicitor?

While there is no legal requirement for you to use a solicitor when making a claim to the Personal Injuries Board for a cycling accident, if you are considering launching a cycling injury claim and you feel that the accident occurred through no fault of your own, it is recommended that you speak with a solicitor who specialises in such claims.

By contacting a solicitor, you will be provided with a comprehensive assessment of your case and a full evaluation of your options when deciding to move forward with a claim to the PIAB.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*

Podcast

Sonia Mc Entee delivers Legal Advice on the Anton Savage Show on Newstalk

Podcast 1 Listen Here  

Podcast 2 Click Here 

 

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