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Declaration Of Trust For Tenants In Common Template for Ireland

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Key Requirements PROMPT example:

Declaration Of Trust For Tenants In Common

"I need a Declaration of Trust for Tenants in Common for a Dublin residential property purchased jointly with my sister, where I will own 70% and she will own 30%, with specific provisions for potential future sale and mortgage responsibilities."

Document background
A Declaration of Trust for Tenants in Common is essential when two or more parties purchase property together but wish to own it in defined, separate shares. This document is commonly used in Ireland for both residential and commercial property co-ownership, particularly among family members, business partners, or investors. It becomes especially important when co-owners have contributed different amounts to the purchase price or want to ensure their share passes according to their will rather than automatically to other owners. The document complies with Irish property law and trust legislation, providing a clear framework for property management, maintenance responsibilities, and dispute resolution. It should be prepared when the property is purchased or when existing owners wish to formally document their arrangements. The declaration includes crucial details such as ownership percentages, contribution records, property management protocols, and procedures for selling shares or the entire property.
Suggested Sections

1. Parties: Identification of all trustees and beneficiaries (the tenants in common), including full names, addresses, and occupation

2. Background: Recitals explaining the context of the trust creation, including details of property purchase and intention to hold as tenants in common

3. Definitions: Definitions of key terms used throughout the document, including 'Property', 'Share', 'Trust Period', etc.

4. Declaration of Trust: The formal declaration establishing the trust and confirming the property is held as tenants in common

5. Beneficial Shares: Clear statement of each beneficiary's percentage share in the property

6. Trust Powers: Powers granted to the trustees in managing the trust property

7. Property Maintenance and Costs: Agreement on how property expenses, maintenance costs, and improvements will be shared

8. Occupation Rights: Terms governing the right to occupy the property and any rental arrangements

9. Sale Provisions: Process for handling the sale of the property or an individual's share

10. Death of a Beneficiary: Provisions dealing with what happens to a share upon death of a tenant in common

11. Dispute Resolution: Procedures for resolving any disputes between the tenants in common

12. Governing Law: Confirmation that the trust is governed by Irish law

Optional Sections

1. Mortgage Provisions: Required when the property is subject to a mortgage, detailing how mortgage payments are handled

2. Property Management: Needed when specific property management arrangements are required, such as for investment properties

3. Letting Provisions: Include when the property may be rented out, detailing how rental income and responsibilities are shared

4. Buy-out Provisions: Optional detailed procedures for one party buying out another's share

5. Third Party Rights: Include when there are specific third party interests to be protected or acknowledged

6. Insurance Obligations: Detailed insurance requirements beyond standard provisions, if needed

Suggested Schedules

1. Schedule 1 - The Property: Detailed description of the property including title number and registered address

2. Schedule 2 - Contribution Schedule: Details of initial contributions made by each party towards the purchase price

3. Schedule 3 - Maintenance and Repair Obligations: Detailed breakdown of maintenance responsibilities and cost-sharing arrangements

4. Schedule 4 - Property Valuation: Initial valuation of the property and agreed method for future valuations

5. Appendix A - Copy of Property Title: Copy of the property's title deed or registration documents

6. Appendix B - Mortgage Details: If applicable, details of any mortgage or charge over the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Legal Services

Property Management

Banking & Finance

Property Investment

Residential Property

Commercial Property

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Conveyancing

Trust Administration

Compliance

Document Management

Client Services

Advisory Services

Relevant Roles

Property Lawyer

Real Estate Agent

Property Manager

Trust Administrator

Legal Counsel

Conveyancing Solicitor

Estate Planning Attorney

Mortgage Advisor

Property Investment Manager

Trust Officer

Land Registry Officer

Legal Executive

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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