The Title Transfer Agreement is a crucial legal document used in Irish property transactions to formalize and execute the transfer of ownership rights in real property. This document is essential when any type of real property is being transferred between parties, whether in commercial, residential, or agricultural contexts. The agreement must comply with Irish property law, including the Land and Conveyancing Law Reform Act 2009, and meet the requirements for registration with the Property Registration Authority. It contains comprehensive details about the property being transferred, the parties involved, purchase price, warranties, and completion requirements. The Title Transfer Agreement is particularly important as it serves as the primary evidence of the transfer and forms part of the chain of title for the property. It includes various statutory declarations and certificates required under Irish law, and may need to address specific considerations such as planning permissions, existing tenancies, or environmental matters.
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1. Parties: Identifies and defines the Transferor and Transferee with full legal names and addresses
2. Background: Recitals explaining the context of the transfer, including current ownership status and reason for transfer
3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Completion Date', and other relevant terms
4. Agreement to Transfer: Core clause stating the agreement to transfer the property and the consideration
5. Property Details: Detailed description of the property being transferred, including its legal description and registration details
6. Title Warranties: Warranties from the Transferor regarding ownership, right to transfer, and state of the title
7. Completion: Details of the completion process, including timing, location, and requirements
8. Purchase Price and Payment: Specifies the purchase price and payment terms, including any deposits
9. Tax Provisions: Addresses stamp duty and other tax obligations related to the transfer
10. Notices: Specifies how and where formal notices under the agreement should be given
11. Governing Law: Confirms Irish law as governing law and jurisdiction
12. Execution: Formal execution blocks for signing by all parties
1. Existing Tenancies: Required if the property is subject to any existing tenancies or leases
2. Planning Matters: Include if there are specific planning permissions or restrictions relevant to the property
3. Environmental Matters: Required if there are environmental considerations or warranties needed
4. Encumbrances: Include if there are any charges, mortgages, or other encumbrances affecting the property
5. Service Contracts: Required if there are ongoing service contracts that need to be addressed
6. VAT Elections: Include if the transfer has VAT implications or requires specific VAT treatment
7. Family Law Declarations: Required if the property is or was a family home
8. Post-Completion Obligations: Include if there are specific obligations that continue after completion
1. Schedule 1 - Property Description: Detailed legal description of the property, including maps and plans
2. Schedule 2 - Title Documents: List of all title documents and their location
3. Schedule 3 - Incumbrances: Details of any existing charges, mortgages, or other encumbrances
4. Schedule 4 - Existing Tenancies: Details of any existing leases or tenancy agreements
5. Schedule 5 - Property Contents: Inventory of any contents included in the transfer
6. Schedule 6 - Planning Permissions: Copies or details of relevant planning permissions and certificates
7. Appendix A - Plans and Maps: Property plans, maps, and boundary details
8. Appendix B - Certificates: Relevant certificates including tax clearance and planning compliance
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