Commercial & Residential Property Services: Multi-Jurisdictional
At Catherine Allison & Co, we combine extensive legal expertise with a commitment to efficiency, guiding you through property transactions across Ireland, Northern Ireland, England, and Wales. Whether you are a business investor or a first-time buyer, we aim to make your property journey as smooth and stress-free as possible. We integrate modern legal practices, offering a secure and efficient online service where appropriate for all three jurisdictions, allowing for digital submission of documents and remote consultations. This modern approach keeps your transaction moving quickly, with your specific needs and reducing stress as our number one priority.
• Commercial Purchases & Sales: Specialist service covering complex transactions, including the acquisition and disposal of Industrial Estates, mixed-use developments, retail units, and commercial investment properties across the UK and Ireland.
• Residential House Sales/Purchases: An efficient and proactive service for buying or selling your home, ensuring compliance with local land laws
• Pension Asset Purchases: We specialize in advising on the complex legal process of acquiring property assets through a Self-Administered Pension Scheme (SAPS) or a Self-Directed Trust. This is a crucial area of commercial property law, requiring specific expertise to ensure compliance with stringent revenue and pension regulations.
• Probate Property: Expert handling of the legal process required for the sale or transfer of property from an estate following a death, with experience navigating cross-border requirements.
• Re-mortgages: Streamlined service to manage the legal aspects of switching your mortgage lender in any of the jurisdictions we cover.
• Transfer of Ownership: Legal documentation and advice for transferring ownership of property or land.
We also offer specialist legal advice on complex property issues:
• Boundary Disputes & Adverse Possession: Expert advice and representation in resolving disagreements over property borders and navigating the specific rules for Adverse Possession in each jurisdiction (e.g., Land and Conveyancing Law Reform Act 2009 in Ireland vs. Land Registration Act 2002 in England/Wales).
• “Consent Sales” & Negative Equity: We have substantial experience assisting individuals indebted to banks or creditors by proactively negotiating and completing “consent sales” across multiple jurisdictions. This process helps clients manage negative equity and facilitates an orderly disposal to potentially avoid the initiation of bank proceedings or the appointment of receivers.
FREQUENTLY ASKED QUESTIONS
• What is conveyancing?
Conveyancing is the legal process of transferring the ownership of property or land from one person or entity to another. This involves title investigation, contract drafting and negotiation, searches, and final registration with the relevant Land Registry.
• How long does a standard residential sale or purchase take in Ireland?
While every transaction is unique, a straightforward residential conveyance in Ireland typically takes between 6 to 12 weeks from the date the contract is agreed upon to the closing date. Delays usually occur due to mortgage approval issues, difficulty clearing title, or issues revealed by searches.
• Why do I need a solicitor for a re-mortgage?
When you switch mortgage lenders (re-mortgage), a solicitor is required to investigate the title on behalf of the new lender, draw down the funds, discharge the existing mortgage, and register the new charge against the property title.
• What are ‘Bank Consent Sales’?
A Consent Sale refers to a property sale process where the owner is in negative equity or has defaulted on a loan, and the sale is conducted with the explicit agreement and cooperation of the lender (bank or creditor). We manage the complex negotiations with the lender to facilitate an orderly sale and avoid the appointment of a receiver and/or repossession.
• What is Adverse Possession?
Adverse Possession (sometimes referred to as ‘squatters’ rights’) is a legal claim to land based on continuous, uninterrupted, and exclusive use of property over a specified statutory period. We prepare applications to register title to lands and property based on such claims and or defend such claims.
Multi-Jurisdictional Property (Ireland & UK)
• We own property in both Ireland and England. Can Catherine Allison & Co handle both transactions?
Yes. Our firm has specific expertise in multi-jurisdictional property law, allowing us to seamlessly manage your sale or purchase in Ireland, Northern Ireland, England, and Wales. This provides efficiency and consistency, especially for clients dealing with estate administration or large portfolios across borders.
• Can a pension buy residential property in Ireland?
No. Under current Irish Revenue rules, a Self-Administered Pension Scheme (SAPS) is generally prohibited from acquiring residential property unless it is rented as a Buy to Let. . The assets must be commercial property (e.g., office, retail, industrial or Buy-to-let residential property but not homes to live in.) to maintain the pension fund’s favourable tax status.
• What is the main legal risk in buying property through a pension?
The primary legal risk is breaching the “Arm’s Length” rule. All transactions (purchase price, sale price, rent, and lease terms) involving the pension-owned property must be conducted at full market value with no preferential treatment given to the scheme member or a connected party. Non-compliance results in severe tax penalties.
