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How do I get a copy of an instrument referred to in our folio?

  • 18-11-2021 10:07pm
    #1
    CramCycle
    Moderators, Sports Moderators Posts: 25,531 Mod ✭✭✭✭


    We are selling our house and the buyers solicitor has asked for a copy of an instrument referred to in our folio. Our own solicitor says he can't get it as it belongs to our neighbour. I looked it up on landregistry.ie and their folio refers to it and their own instrument. They want it to clarify access rights, maintenance agreements etc. The land belongs to our neighbour and on paper we understood they were technically in charge but we have always shared costs. How do I get a copy of the instrument as I am starting to think I should be able to get a copy.



Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2 Posts: 27,004 ✭✭✭✭Peregrinus


    Have you asked your neighbour?



  • #3
    CramCycle
    Moderators, Sports Moderators Posts: 25,531 Mod ✭✭✭✭CramCycle


    https://www.boards.ie/discussion/comment/118189385#Comment_118189385

    Its on our folio and theirs, since it is on ours I went googling last night and finally found a form 96 to send off and get a copy. I get on well with the neighbour so if this doesn't get it I will get on to them. It was just weird, our solicitor seemed really confused when talking to him about the sale and I think he has just bitten off more than he can chew (seems really busy). If I can get it and just get it done, I am happier as he point blank said it can't be done but the buyers solicitor has said that's ridiculous, of course it can and when I looked back through old emails from when we bought the house, apparently our old solicitor got it way back when. Anyway PRAI said send in form 96, an ID and €40 and then they will post it out.

    On a not related note, once they sign and pay the deposit, even though they have a clause stating if the bank refuse their mortgage they can pull out, can we use the signing of the contract as a balance of funds proof for our own mortgage. I thought we could but that clause that I didn't know about has me worried. I'd ask my solicitor but I can't get through to him.



  • #4
    endofrainbow
    Registered Users, Registered Users 2 Posts: 2,840 ✭✭✭endofrainbow


    Might be time to change your solicitor.



  • #5
    CramCycle
    Moderators, Sports Moderators Posts: 25,531 Mod ✭✭✭✭CramCycle


    https://www.boards.ie/discussion/comment/118191367#Comment_118191367

    100% we agreed earlier in the week that if the sale fell through we would change solicitor no matter the cost as he has been pretty shocking so far. Looking for 4 documents from us that I had to figure out didn't apply to our property at all. Their solicitor is just as bad with a list of clauses that made no sense either. I've sent off an application to the PRAI anyway to see will I get it and going to ask the neighbour later if there is no luck. I just didn't want them to have all the faff, you have to fill out a request form, an ID form, a 40euro charge, 2 forms of ID. It's a lot of faff. Our solicitor thinks it could take several weeks for the PRAI to respond with the document if they do even give it to us which he thinks they won't. It is the only clause left on the sale now, so they have signed contracts and paid a deposit. Which is weird as a clause, as its only to get the instrument, not dependent on what it says. So even when we get it, it won't change anything. I did tell them it could take a few weeks and they want to move in a lot sooner, so guess we shall see what happens.



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