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The attention of the Conveyancing Committee has been drawn to the fact that, in residential certificate of title cases, AIB had been refusing to release solicitors from their undertakings following lodgement of certificates of title and accompanying title documentation in cases of registered/Land Registry title until either:

• A family law declaration, or
• Evidence that the appropriate family law declaration(s) had been executed by the borrower(s) was lodged with the bank. The committee took the matter up with the bank and is now happy to report that the bank has indicated that it has ceased the above practice and will now release solicitors from their undertakings without requiring such declaration or evidence.

The committee takes this opportunity to remind solicitors acting for purchasers and borrowers that it is their responsibility to ensure that all family law legislation has been complied with insofar as it affects any conveyancing transaction, including a mortgage lending transaction. Despite the fact that the Land Registry does not require family law declarations in order to register ownership of Land Registry title or a charge on same, solicitors acting for purchasers and borrowers should still:

• Ensure that the appropriate family law declarations are obtained from a vendor and a borrower, and
• Ensure that these declarations are lodged in the Land Registry along with the other documentation comprising the Land Registry dealing.

It is again confirmed by the committee that the Land Registry has agreed to accept lodgement of these family law declarations along with dealings and, although they will not check the declarations, the Land Registry will retain them with the other documents contained in the dealings.

Solicitors might find it helpful to keep a copy of Land Registry dealings on their files.