Property Sale – McGrath Mullan Solicitors Dublin

Rights of Residence

Julie Mullan — Mon, 29 Jun 2026 13:41:43 +0000

A right of residence is a legal entitlement allowing a person to live in a property without owning it.

It is most commonly created by a Will and is usually granted to a surviving spouse or partner, a family member (e.g. child, sibling), and occasionally a third party. It is usually granted for a person’s lifetime, but can be for a fixed period or last until a certain condition is met.

It can be an exclusive right or it can be shared right of residence. It is a personal right, not ownership and cannot generally be sold or transferred. It usually ends on death. It is an ‘acquisition’ for Capital Acquisition Tax purposes.

A common example of how a right of created is:

A farmer dies leaving a farm and house to 1 child, widow is granted a shared right of residence in the house. Child own the house/farm and lives in the house with the widow.

The most complications arise when the document creating the right does not set out clear terms of the extent of the right. Ideally, when it is created, it should set out conditions, to avoid disputes later, for example:

Is there land/garden included?
Who pays for the outgoings (utilities, insurance, LPT)?
Who is responsible to repair and maintenance, internally, externally and the main structure of the building,
To what standard should the repairs and maintenance be?
Is it permitted to take in lodgers, whether paying or not?
If the holder moves to a nursing home:
- does the right continue?
- can the property be rented?

If a property is subject to a Right of Residence, it will affect marketability. The property cannot usually be sold free of the right without consent, and this can delay or block transactions.

If you would like legal advice on Rights of Residence or any other legal matter, please contact us here info@mcgrathmullan.ie or call us here +353 (0) 1 873 5012

THINKING OF SELLING YOUR PROPERTY?

Jessica O'Reilly — Mon, 13 Apr 2026 13:45:41 +0000

THINKING OF SELLING YOUR PROPERTY?
Get organised and engage a Solicitor from the outset to avoid pitfalls and unnecessary delay.

Here are some of the more important documents which you will need-

AML DOCUMENTS – Copy ID (passport/drivers licence) and proof of address; utility bill dated within the last 3 months).

THE TITLE DEEDS- If your mortgage had been paid off then you more than likely hold the title deeds. If you have a mortgage then the deeds to your house will have been retained by your Bank. You will need to sign a written authority for same to be provided to your Solicitor.

NEW TITLE MAP (if applicable)- If the title to your house is registered with Taitle Eireann then a map can be ordered by your Solicitor for €40. If the property is unregistered (Registry of Deeds) or if you are part of a folio then you will need to obtain a Land Registry complaint map from an Engineer/Architect.

BUILDING ENERGY RATING CERTIFICATE (BER cert) & Advisory Report- If you bought the house recently this document may be with the deeds but if not you will need to commission one

MARITAL STATUS- To comply with the terms of the Family Home Protection Act 1976 and various other more recent Family Law Acts your Solicitor must prepare a declaration which will exhibit documentation vouching your marital status. Typical documents needed might be copies of marriage certificates, civil partnership registrations, Death certificate of spouses, Divorce or Separation papers.

IRISH PPS TAX NUMBERS- You cannot sell a property in Ireland now without an Irish PP tax number. Many non- Nationals may have bought Irish properties years ago when this was not a requirement and may now need a pps tax number. To get one for a non-resident can take approx 5-8 weeks.

PLANNING DOCUMENTATION- To sell a house you must be in a position to prove that the house was built in compliance with planning permission and designed and built in compliance with the Building Regulations. Proof is by a certificate from a qualified Architect or Engineer. If you have built a small extension or sun room this may be exempt but even so a certificate to that effect will be required. If the extension is such that planning permission should have been obtained and wasn’t, but it was build over 7 years ago you will need to apply to the County Council for planning permission Retention. Any planning problems need to be identified and, if possible, solved before a house is sold.

DECLARATION OF IDENTITY
If the house is in a rural area and a one off house on its own site you will need a declaration of identity. This is a declaration signed by an Architect or Engineer confirming that the site on the ground and all of the services for the house are comprised within the map attached to your title deed.

As you will see from the above, to avoid lengthy delays in the sales process you need to b get all of the relevant documentation ready at the earliest possible stage. The secret to success in this process is to engage with your Solicitor as soon as you decide to put the house on the market rather than after you have secured a buyer.
Our property team at McGrath Mullan Solicitors, will provide you with all the necessary guidance and advice for selling your property. Contact us today by email at: info@mcgrathmullan.ie or alternatively call us on
01 8735012 (Dublin office) or 049 85 41137 (Oldcastle office).

Lost Title Deeds: 3 Step Guide

Hannah Clinton — Mon, 16 Feb 2026 14:18:04 +0000

Misplacing your property’s title deeds can feel stressful, especially if you plan to sell, remortgage, or update your property records. In Ireland, there are well established procedures to deal with this situation.

What Happens When a Deed Goes Missing?

If the original deed is lost, the property can still be sold or registered. Tailte Éireann allows a copy of the deed to be used once certain conditions are met.

Step One: Prepare an Affidavit of Lost Deed

An Affidavit of Lost Deed explains who last held the deed, how it went missing, and what searches were carried out.

Step Two: Get a Title Bond (If Needed)

Even with an affidavit, some buyers or lenders want extra reassurance. A Title Bond is insurance that protects against risks associated with the missing deed, such as the risk that the deed was previously used as security for a loan.

These insurance bonds are widely available in Ireland and are commonly used in property transactions.

Step Three: Registration Can Proceed

Once all documents are complete, they can be submitted to Tailte Éireann so the transaction can move forward.

Our property team handles lost deeds regularly and can guide you smoothly through the process. Contact us here or email us info@mcgrathmullan.ie.

Changes to Residential Lettings Law

Gerry McGrath — Fri, 23 Jan 2026 11:43:06 +0000

The government has indicated it will implement changes to take effect from 1^st March next although the necessary legislation has not yet been passed.

The changes have mixed blessings for both landlords and tenants. New tenancies created after 1^st March may be set at a market rent. So, landlords will not be bound by the previous rent limited to Rent Pressure Zone increases. But…landlords will not be able to terminate these new tenancies if they intend to sell the property. They will have to sell with a sitting tenant.

The changes do not affect tenancies in place before 1^st March.

There are different treatments for smaller and larger landlords and it will be necessary to examine the legislation once passed to advise fully on the implications.

If you would like legal advice on this or any other legal matters please contact us here or email us here, info@mcgrathmullan.ie

Thinking of Selling your Property? These are the Documents you Need.

Jessica O'Reilly — Sat, 01 Nov 2025 08:09:31 +0000

Get organised and engage a Solicitor from the outset to avoid pitfalls and unnecessary delay.

Here are some of the more important documents which you will need-

AML DOCUMENTS– Copy ID (passport/drivers licence) and proof of address; utility bill dated within the last 3 months).

THE TITLE DEEDS- If your mortgage had been paid off then you more than likely hold the title deeds. If you have a mortgage then the deeds to your house will have been retained by your Bank. You will need to sign a written authority for same to be provided to your Solicitor.

NEW TITLE MAP (if applicable)- If the title to your house is registered with Taitle Eireann then a map can be ordered by your Solicitor for €40. If the property is unregistered (Registry of Deeds) or if you are part of a folio then you will need to obtain a Land Registry complaint map from an Engineer/Architect.

BUILDING ENERGY RATING CERTIFICATE (BER cert) & Advisory Report- If you bought the house recently this document may be with the deeds but if not you will need to commission one.

MARITAL STATUS- To comply with the terms of the Family Home Protection Act 1976 and various other more recent Family Law Acts your Solicitor must prepare a declaration which will exhibit documentation vouching your marital status. Typical documents needed might be copies of marriage certificates, civil partnership registrations, Death certificate of spouses, Divorce or Separation papers.

IRISH PPS TAX NUMBERS- You cannot sell a property in Ireland now without an Irish PP tax number. Many non- Nationals may have bought Irish properties years ago when this was not a requirement and may now need a pps tax number. To get one for a non-resident can take approx 5-8 weeks. If the vendor(s) are non de

PLANNING DOCUMENTATION- To sell a house you must be in a position to prove that the house was built in compliance with planning permission and designed and built in compliance with the Building Regulations. Proof is by a certificate from a qualified Architect or Engineer. If you have built a small extension or sun room this may be exempt but even so a certificate to that effect will be required. If the extension is such that planning permission should have been obtained and wasn’t, but it was build over 7 years ago you will need to apply to the County Council for planning permission Retention. Any planning problems need to be identified and, if possible, solved before a house is sold.

DECLARATION OF IDENTITY- If the house is in a rural area and a one off house on its own site you will need a declaration of identity. This is a declaration signed by an Architect or Engineer confirming that the site on the ground and all of the services for the house are comprised within the map attached to your title deed.

As you will see from the above, to avoid lengthy delays in the sales process you need to get all of the relevant documentation ready at the earliest possible stage. The secret to success in this process is to engage with your Solicitor as soon as you decide to put the house on the market rather than after you have secured a buyer.

Our property team at McGrath Mullan Solicitors, will provide you with all the necessary guidance and advice for selling your property. Contact us today by email at: info@mcgrathmullan.ie or alternatively call us on 01 8735012 (Dublin office) or 049 85 41137 (Oldcastle office).

Importance of carrying out a Planning Search before signing contracts for the purchase of a property

Julie Mullan — Mon, 24 Mar 2025 11:57:24 +0000

The Law Society Standard Conditions of Sale 2023 relating to the sale of property are very specific on Planning matters.

Under the terms of the contract, General Condition 32 states a Vendor warrants that:

during their period of ownership there has been no developments to the property for which planning permission was required or compliance with Building Regulations was required, or
if there was such a development, planning permission was obtained and all conditions were substantially complied with and that the terms of any Building Regulations have been substantially complied with, and
the Vendor is not on any actual notice of any breach or non-compliance of planning legislation or building regulations affecting the property. Matters which were made known to the Vendor when they purchased/acquired the property must be disclosed.

However, whilst this warranty is welcome, it would be extremely careless for a Purchaser to rely only on the same without carrying out a full planning search before signing contracts as a Purchaser is deemed to be on notice anything appearing on the planning register. In addition, not all Vendors will be actually aware of a breach or non-compliance with planning legislation. E.g. where the registered owner has died and the property is being sold by a legal personal or where the property is being sold by a receiver or liquidator.

For this reason, all Purchasers should ensure that they or their solicitor carries out a full planning search prior to contracts being signed. To contact one of our solicitors about this or any other matter please call us at 01 873 5012 or email us at info@mcgrathmullan.ie

Risks when buying property at auction

Julie Mullan — Sun, 16 Feb 2025 11:25:42 +0000

Our client considered buying a commercial property at auction, for use by their business. Review of the contacts and title revealed that there was a sitting tenant in the property. The tenant had accrued rights over the property. It was a requirement of their loan offer that my client would obtain vacant possession. This was not made clear by the estate agent in advertisements.

Our client, once fully informed of the risks, did not bid at the auction and later sourced an alternative suitable property to purchase.

When a successful bidder buys a property at auction, all terms and conditions are agreed when the hammer drops – in other words, there can be no renegotiation of contracts or terms after the auction, even if the buyer has not seen or taken advice on the legal documentation.

For that reason, if you are considering purchasing a property at auction, among other matters, it is essential, in advance to:

have your solicitor review the auction conditions (contracts) and the title deeds;
have a structural survey carried out;
if you intend to borrow money to finance the purchase, ensure the full loan offer is in place.

If you are considering bidding for a property at auction contact Julie Mullan for more advice, at 01 873 5012 or info@mcgrathmullan.ie

Transfer of the family home from sole name into joint names of both spouses 2024

Julie Mullan — Thu, 09 May 2024 08:26:06 +0000

In some cases, a family home is registered in the sole name of just one spouse. (E.g. where one spouse owned the property before the couple got married, or traditionally, many houses were in the sole name of a husband as the wife, a homemaker, was not a breadwinner and not considered for mortgage purposes.)

Aside from the benefit of providing the non-owning spouse with better security, there are many cost benefits to transferring the family home into joint names:

There are at present no taxes between spouses so there are no implications for Stamp Duty, Capital Acquisitions Tax (gift tax) or Capital Gains Tax;
No registration fees in the Land Registry or the Registry of Deeds;
No need for separate legal representation (in many legal transactions each spouses would be advised by separate solicitors)
Even if the title to the house is registered in the Registry of Deeds, the transfer will not attract compulsory registration of the deeds in the Land Registry;
If the spouses choose to register the family home as ‘Joint Tenants’, the house will pass on death to a surviving spouse automatically, without the need to take out a Grant of Probate.

Things to consider:

If there is an outstanding mortgage, you may need your lender’s consent;

Any transaction whose purpose is to defeat a creditor, could potentially be set aside by a Court.

Contact Julie Mullan if you have any questions concerning property matters such as a transfers between spouses.

Lost Title Deeds – 2024

Julie Mullan — Thu, 02 May 2024 16:14:55 +0000

Sometimes, when a person tries to sell a property, it transpires that some or all of the title deeds cannot be found. This can lead to extensive delays while searches are made for the originals.

Your solicitor can reconstitute the lost title deeds. It just takes time.

In cases where a title deed is registered in the Registry of Deeds, it is possible to obtain an Attested Copy Memorial of the deed. This is a summary of the original deed, and secondary evidence of the content of the deed.

An affidavit should be obtained explaining the loss of the deeds, sworn by the person who last had the deeds, or a person with the most knowledge of their whereabouts. This could be the registered owner, or, for example, a bank official, if the deeds go missing while being held as security for mortgage purposes.

In addition, depending on the type of title deed that has been lost and in order to make the title deeds to the property marketable, one can obtain a Lost Title Bond – an insurance bond to the value of the property.

The key is to give your solicitors as much time as possible, in advance of a possible sale, to avoid delays.

If you would like more information on the above or would like our assistance with any property related matters, please do not hesitate to contact our highly experienced team of property law professionals at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.

Purchase of Irish property by non-residents

Gerry McGrath — Wed, 07 Feb 2024 09:04:12 +0000

You do not have to be resident in Ireland to purchase property here. Purchasing property will not confer any right of residency of course. As a non-resident purchaser, you will need to obtain an Irish tax number (PPS no.) so that the deed of purchase can be stamped. Without stamping, you will never be able to register your ownership and obtain marketable title.

We can assist with the entire process from initial agreement, investigation of title and review and exchange of contracts through to final completion and registration.

Residential property in Ireland is subject to an annual charge to local property tax. The charge is calculated on the value of the property. For instance, a property worth €550,000 might be subject to a charge of €585 every year.

If you have concerns about Purchase of Irish property, contact our experienced team at 018735012 or info@mcgrathmullan.ie.