The Property Disputes Sub committee was set up to provide a simple, low cost process for resolving legal issues of a property nature involving solicitors. It’s members are practitioners who have a wide range of experience.

The committee guidelines set out the application procedure and practitioners are asked to check them to ensure the committee is the appropriate forum for the dispute.

The Sub committee does not resolve conflicts of fact and generally the dispute must be on an agreed statement of facts signed off by the parties. Every effort is made to resolve the dispute adopting the correct legal principles, but “equity and good conscience” can bear on a decision where necessary.

The most commonly raised problems are those involving possession/settlement dates and interest for late settlement.

The sub committee has compiled a 2008 Rulings Manual. Before a matter is referred to the Sub committee for a determination, practitioners are asked to check the Rulings Manual to see if it is a matter which has been the subject of a previous determination. The Rulings Manual is currently being updated as a result of the coming into effect of the Property Law Act 2007, the revised and updated versions of the Agreement for Sale and Purchase of Real Estate and Agreement for Sale and Purchase of a Business. Rulings in the Manual must be viewed carefully in the light of changes to legislation and documentation.

Please to contact the Committee Secretary for further information and/or to lodge a request for a ruling. Every request is referred to the Convenor of the Sub committee and if it is considered appropriate, the matter will be considered by the Sub-committee at its next meeting. The Sub-committee usually meets on the first Wednesday of the month. However a request for an urgent ruling will be agreed if possible.

Click here to view the Property Disputes committee members