The Joint Tenancy Deed is a fundamental legal instrument in Irish property law, used when two or more persons wish to own property together with right of survivorship. This document is essential when parties want to ensure that upon the death of one joint tenant, their share automatically passes to the surviving joint tenant(s) without going through probate. The deed must comply with Irish legislation, particularly the Land and Conveyancing Law Reform Act 2009, and requires registration with the Land Registry. It's commonly used by married couples, civil partners, family members, or business partners who want to hold property jointly. The document includes crucial details about the property, the joint tenants' rights and obligations, maintenance responsibilities, and provisions for potential severance of the joint tenancy.
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Key Requirements PROMPT example:
Joint Tenancy Deed
I need a Joint Tenancy Deed for a residential property in Dublin that will be shared between myself and my sister, with specific provisions for maintenance cost sharing and a clause allowing either party to sell their share after January 2025.
1. Parties: Details of all joint tenants including full names, addresses, and occupations
2. Background: Recitals explaining the context of the joint tenancy, including the property acquisition and the parties' intention to hold as joint tenants
3. Definitions: Definitions of key terms used throughout the deed
4. Declaration of Joint Tenancy: Clear statement that the parties hold the property as joint tenants with right of survivorship
5. Property Details: Legal description of the property including folio number and any relevant title details
6. Rights and Obligations: General rights and obligations of the joint tenants including property use, maintenance, and payment of outgoings
7. Death of Joint Tenant: Provisions regarding the right of survivorship and procedure upon death of a joint tenant
8. Severance: Conditions and process for severance of the joint tenancy
9. Costs and Outgoings: Agreement on sharing of property-related costs and expenses
10. Execution: Formal execution clause and signature blocks
1. Family Home Protection: Required if the property is or will be a family home, incorporating provisions of the Family Home Protection Act
2. Civil Partnership Provisions: Required if any joint tenants are civil partners, incorporating relevant provisions from civil partnership legislation
3. Property Management: Detailed arrangements for day-to-day management of the property if required
4. Occupation Agreement: Specific terms about how the property will be occupied if not all joint tenants will occupy it
5. Insurance: Specific provisions about property insurance arrangements if not covered in general obligations
6. Dispute Resolution: Specific procedures for resolving disputes between joint tenants
7. Sale Agreement: Provisions regarding future sale of the property and decision-making process
1. Schedule 1 - Property Description: Detailed description of the property including boundaries, maps, and any rights or easements
2. Schedule 2 - Contributions Schedule: Detailed breakdown of financial contributions by each joint tenant
3. Schedule 3 - Maintenance Schedule: Specific maintenance obligations and procedures
4. Appendix A - Property Plans: Maps, plans, or drawings of the property
5. Appendix B - Title Documents: Copies of relevant title documents or folio entries
6. Appendix C - Certificates: Any relevant certificates including tax clearance or planning permissions
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