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Confidential Not to be copied or distributed without express written consent of the Law Society of Ireland
eConveyancing Update
Permanent Committee on the Cadastre
21-06-2013
eConveyancing Project Team
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Agenda
eConveyancing and eRegistration eConveyancing: Definition Role of the Legal Profession Problems with the Current Process Law Reform Commission BearingPoint Report Law Society eVision eConveyancing: Developments to Date Benefits of eConveyancing
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eConveyancing and eRegistration
e-Registration
e-Lodgement
eRegistration
eConveyancing
eLodgement
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eConveyancing: Definition
Paperless (dematerialisation) Validation of Authorised Parties Viewing material online All material transmitted through a central
electronic Hub or workspace Secure Transparent Land registration
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Law Society
Law Society formally welcomed the Law Reform Commission BearingPoint Report eConveyancing: Modelling of the Irish Conveyancing System and agreed that the Law Society ‘has a vital role to play in improving the conveyancing processes and educating its members in new processes and practices’ (page 119 BearingPoint Appendix)
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Role of the Legal Profession
Solicitors’ profession must be fully engaged with the process in order to play a key role in the delivery of eConveyancing services so as to provide a more efficient, value for money, transparent service to our clients and thus enhance the unique role of the solicitor in the process.
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Problems with the current conveyancing process
Process is complex Lacks transparency across process/groups No universal standard documentation Very paper based Delays are inherent Information spread over wide group and many locations No uniform IT standard/usage – some good/very bad Weakest link holds everybody back Legislation is complex – outdated and requiring reform Culture/tradition – conservative/delay accepted as part of
process Education/training – limited consumer understanding of
process can cause delays - also within other stakeholder groups
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LRC BearingPoint ReportDiagram of Proposed Model
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eVision: Summary of Principles
Title by Registration eConveyancing – not eRegistration Buyer Beware to Vendor Disclosure ePlanning Register Personal Tax Regime Electronic Loan/Mortgage Real-Time Money Transfer Electronic Workspace/Hub Electronic Contract Digital Signatures
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eConveyancing: Developments to Date
November 2005 · Law Society launches eConveyancing Task Force
· Law Society completes IT survey of legal profession
· LRC publishes BearingPoint report on eConveyancing· PRA launches landdirect.ie service
September 2006 · Law Society welcomes the LRC BearingPoint report· LRC Stakeholder seminar on eConveyancing
· PRA convenes eRegistration Project Board· PRA launches EULIS service
· Registration of Deeds and Title Act 2006 enacted
· Law Society publishes Back to Basic Principles – ‘eVision’
February 2006
July 2008
June 2007
25/06/2009
20/05/2007
25/04/2008
28/08/2010
06/09/2006
05/01/2009
26/03/2011May 2008
March 2007
April 2006
2005 – 200809/12/2011
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eConveyancing: Developments to Date
January 2010
· PRA launches Phase 1(a) of eRegistration – eDischarges· Law Society and IMC agree streamlined procedures – QeD process for
redemption figures, title documents and discharge/vacate
· Irish Institute of Surveyors convenes Inter Professional Task Force on property boundaries.
· Land Registry folios converted to digital format
· Land and Conveyancing Law Reform Act 2009 enacted· Over 150 pre-1922 statutes repealed or re-enacted into a modern format
· Compulsory first registration extended to all counties (except Dublin and Cork)· Land Certificates and Certificates of Charge ceased to have effect· PRA launches Phase 1(b) of eRegistration – eCharging Orders
· Registry of Deeds available online to landdirect.ie account holders
· PRA completes digital mapping with the digitisation of all registered boundaries
October 200926/02/2009
03/06/2010
05/12/2008
06/07/2008
07/03/2010
26/07/2009
April 2009
August 201006/05/2012
March 2009
December 2009
February 2010
2009 – 2010
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eConveyancing: Developments to Date
November 2011
· eRegistration Project Board decides next phase of eRegistration
· Compulsory first registration extended to Dublin and Cork· Revenue introduces mandatory electronic payment & filing of stamp duty
· eConveyancing Programme Board and Steering Group established· Joint stakeholder workshops identifying key future processes and benefits
· Solicitor and lender surveys conducted identifying current process inefficiencies
· Detailed mapping of proposed eConveyancing process in progress
· Discovery phase affirms that eConveyancing is an achievable goal and highlights where barriers to implementation exist
March 2012
January 2011
June 2011
19/11/2010
11/02/2012
03/09/2011
04/04/2011
01/05/2012
01/07/2011
20/07/2012
January 2012
August 2012
2011 – 2013
· Engagement with Government re legislative change to enable eConveyancing
· Publication of the National Payments Plan by the Central Bank
· Appointment of lender programme manager
01/09/2012· Roll-out of eRegistration by the Property Registration Authority
25/01/2011November 2012
08/08/2011March 2013
19/02/2012May 2013
April 2013
June 2012
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Benefits of eConveyancing
Reduction/elimination of risks, costs & inefficiencies of manual, non-standard processes.
Reduction in duplication with intelligent forms and validation.
Secure and faster communication channels to stakeholders.
Enhanced productivity by enabling easier and faster access to important information.
Elimination of paper documentation (and deeds) and associated costs.
Reduced end-to-end conveyancing cycle times. Rapid registration of mortgage as a first legal charge and
backed by good title.
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Benefits of eConveyancing eHub Trust a/c and Disbursement Schedule reduces risk
by ensuring strict allocation of funds – vendor’s mortgage, stamp duty, registration fees etc.
Fully transparent, auditable, verifiable controls & reporting.
Improved process analysis and data metrics to better evaluate effectiveness of regulatory compliance and risk mitigation.
Reduction in risk of fraud and errors. Faster, transparent and more predictable conveyancing
experience. Improved collaboration between lenders and solicitors
during the conveyancing process. More efficient delivery of service to the consumer.
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Contact Details
Liam Barrett eConveyancing Project Manager [email protected]
Eamonn Freyne Solicitor eConveyancing Project [email protected]
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