Deed sample clauses
Below are sample draft clauses in a deed following an award of the fee simple and intermediate interests (if any) in a premises. The ultimate responsibility for drafting the deed rests with the applicant's solicitor and not with the court office. The drafts are only checked to ensure they accurately reflect the award made.
THIS INDENTURE made the day of
BETWEEN THE UNKNOWN AND UNASCERTAINED OWNER OR OWNERS of the fee simple and intermediate interests in the premises described in the schedule hereto (or as appropriate) (hereinafter referred to as 'the Vendors') of the one part AND ... ... (hereinafter referred to as 'the Purchaser') of the other part
... ... usual recitals ... ...
- By divers mesne assurances acts in law and events and ultimately by
- By Award (hereinafter called 'the Award') dated day of 20 the County Registrar for Dublin awarded as follows:
i. That the Applicant has a right as incident to his/her/its existing interest in the premises (N.B. refer to premises as described in deed) to enlarge that interest into a fee simple and for that purpose to acquire by purchase the fee simple and all intermediate interests in the premises for the sum of € to be lodged in Court to the credit of this matter, the owners of the fee simple estate and any intermediate interests having been found to be unknown and unascertained.
ii. That ..... (hereinafter referred to as 'the Court Officer') an Officer of the Circuit Court, be appointed pursuant to Section 8 (3) of the Landlord and Tenant (Ground Rent Acts) Act 1967 to execute a conveyance to the Applicant for and on behalf of the unknown and unascertained owners of the fee simple interest and all intermediate interests in the premises.
- The Purchaser has caused the said sum of to be lodged in Court.etc
NOW THIS INDENTURE WITNESSETH as follows:
In consideration of the said sum of € ... ... lodged in Court as aforesaid (the receipt whereof the Court Officer hereby acknowledges) and in obedience to the said Award the Vendors as beneficial owners acting by the Court Officer under the authority of the Award hereby GRANT CONVEY ASSIGN (NB ensure all interests are actually conveyed and assigned including known and unknown interests) unto the Purchaser ALL THAT AND THOSE ... ... TO HOLD the same unto and to the use of the Purchaser in fee simple and for all other outstanding intermediate interests (if any) of the Vendors or as appropriate??
(PRACTITONERS MUST ENSURE THAT THIS PROPERLY VESTS ALL INTERESTS IN THEIR CLIENT AND DRAFT AS APPROPRIATE) ... ...
IT IS HEREBY CERTIFIED that the consideration ... ...
IT IS HEREBY FURTHER CERTIFIED that the premises ... ...
IN WITNESS WHEREOF the Court Officer for and on behalf of the Vendors pursuant to the Award has hereunto set her hand and seal and the Purchaser ... ...
The court officer does not have an interest in the premises he or she signs for and on behalf of the unknown and unascertained interests.
All interests must be properly conveyed and assigned as appropriate