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Deed Of Exchange Of Land Template for Ireland

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Key Requirements PROMPT example:

Deed Of Exchange Of Land

"I need a Deed of Exchange of Land under Irish law to swap my commercial property in Dublin city center with a local developer's agricultural land in County Cork, with completion planned for March 2025, including specific provisions for existing tenant rights and planning permissions."

Document background
A Deed of Exchange of Land is a specialized legal instrument used when two or more parties wish to swap ownership of their respective properties rather than conducting separate sale transactions. This document type is particularly relevant in Ireland where it must comply with specific requirements under Irish property law and conveyancing practices. The deed serves multiple purposes: it evidences the mutual agreement to exchange properties, transfers legal title, contains necessary warranties about property ownership and condition, and provides the basis for registration with the Property Registration Authority. Commonly used in both private and commercial contexts, this deed type can help parties avoid cash transactions while achieving desired property ownership objectives. The document must be executed as a deed to ensure its validity under Irish law and typically includes comprehensive property descriptions, maps, and details of any encumbrances or special conditions affecting the exchange.
Suggested Sections

1. Parties: Full legal names and addresses of all parties involved in the exchange

2. Background: Recitals explaining the context of the exchange and confirming ownership of respective properties

3. Definitions: Definitions of key terms used throughout the deed

4. Agreement to Exchange: Core exchange provisions detailing the mutual transfer of properties

5. Property Descriptions: Detailed descriptions of both properties being exchanged, including boundaries and registered title numbers

6. Title Warranties: Warranties regarding ownership, title quality, and absence of encumbrances

7. Exchange Completion: Provisions regarding completion date, possession, and handover of properties

8. Registration and Stamp Duty: Provisions for registration of the exchange and payment of applicable stamp duty

9. Costs: Allocation of legal costs, registration fees, and stamp duty between parties

10. Execution: Formal execution blocks for all parties, including witnesses

Optional Sections

1. Environmental Warranties: Include when properties might have environmental concerns or contamination issues

2. Planning Warranties: Include when properties have recent developments or planning permissions

3. Occupancy Provisions: Include when properties have existing tenants or occupiers

4. Service Contracts: Include when transferring ongoing service contracts or maintenance agreements

5. Tax Indemnities: Include when there are specific tax implications requiring protection

6. Spouse Consent: Include when any property is or was a family home

7. Conditions Precedent: Include when exchange is subject to specific conditions being met

8. Boundary Agreements: Include when there are specific boundary arrangements or shared access ways

Suggested Schedules

1. Schedule 1 - Property A Details: Detailed legal description, folio numbers, and maps of first property

2. Schedule 2 - Property B Details: Detailed legal description, folio numbers, and maps of second property

3. Schedule 3 - Title Documents: List of title documents for both properties

4. Schedule 4 - Maps and Plans: Official maps, site plans, and boundary drawings

5. Schedule 5 - Planning Permissions: Copies of relevant planning permissions and certificates

6. Schedule 6 - Rights and Easements: Details of any rights, easements, or covenants affecting either property

7. Appendix A - Form 52: Land Registry transfer form for registration purposes

8. Appendix B - Certificates of Title: Solicitor's certificates of title for both properties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

Agriculture

Construction

Property Development

Public Sector

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Relevant Teams

Legal

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Property Management

Facilities

Corporate Services

Operations

Planning & Development

Asset Management

Compliance

Finance

Relevant Roles

Property Lawyer

Real Estate Manager

Land Surveyor

Property Developer

Estate Agent

Legal Counsel

Conveyancing Solicitor

Property Portfolio Manager

Facilities Manager

Land Registration Officer

Property Rights Administrator

Development Director

Asset Manager

Planning Officer

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