A title problem is inconvenient when discovered early. Once contracts are signed, the same problem can become expensive.
The difference is timing. A buyer who learns before signing that an extension lacks planning documents, a boundary does not match the title map or an essential right of way is missing still has options. The buyer can require the problem to be resolved, renegotiate the transaction or decide not to proceed.
After signing, those options narrow sharply.
That is why early title advice is central to residential conveyancing under the Pre-Contract Investigation of Title, or PCIT, system. It allows your solicitor to identify and address legal risks before you become contractually bound.
What changed under PCIT?
The PCIT system was introduced in Ireland in 2019 to move the detailed investigation of a property’s title to an earlier point in the transaction. The objective is straightforward: questions about title should be raised and resolved before contracts are signed, rather than becoming obstacles between contract and completion. The Law Society of Ireland describes this as a more transparent and cost-effective process.
Under the system, the seller’s solicitor supplies the contract, title documents and replies to standard Requisitions on Title. These requisitions cover practical legal matters affecting the property, from planning and access to services, boundaries and ownership.
Your solicitor reviews that material, carries out relevant searches and raises any necessary pre-contract questions. Only when the title has been properly investigated should you be advised to sign.
This is not simply a procedural change. It reallocates risk.
When a buyer signs the standard contract, the buyer is generally treated as having had the opportunity to investigate and as having accepted the title offered. The scope for raising new title objections afterwards is limited. Early legal advice therefore determines what risks you accept when you sign.
The practical value of the early intervention window
PCIT creates a window in which a buyer retains commercial leverage.
Suppose the title map does not include part of the garden being used with the house. Before signing, your solicitor can establish whether the discrepancy is an error, whether another person owns the land and whether the title can be corrected. The seller may need to obtain a transfer, arrange a mapping correction or provide evidence supporting the property’s long-standing use.
If that discrepancy is discovered after signing, the buyer may face a difficult question: does the contract provide a sufficient remedy, or has the buyer already accepted the title as offered?
The same principle applies to a missing planning consent for a substantial extension. Before contract, the seller can be asked for the planning file, an architect’s opinion or evidence that the development is exempt. If the position cannot be regularised, the buyer can assess the effect on value, insurance, future resale and mortgage approval before making a binding commitment.
Early investigation does not guarantee that every problem will disappear. It ensures that the buyer understands the problem while meaningful choices remain available.
The title risks PCIT can uncover
Residential title issues are rarely confined to an old deed with a missing signature. They often affect how the property can be occupied, financed, developed or sold.
Common examples include:
- A physical boundary that does not correspond with the Land Registry map.
- A driveway or access route that crosses neighbouring land without an adequate legal right of way.
- An extension, conversion or separate residential unit without satisfactory planning or building compliance documents.
- A restrictive covenant limiting development or particular uses of the property.
- Missing consent from a management company, landlord, lender or other third party.
- A gap in the chain of ownership or incomplete probate documentation.
- Rights enjoyed in practice, such as access to drains or services, that are not properly documented.
- An outstanding mortgage, judgment or other burden affecting the property.
For a high-value home, these are not technical footnotes. A title defect can affect the property’s marketability, a lender’s willingness to release funds and the buyer’s ability to renovate or resell. It can also create a dispute with a neighbour at precisely the point when the buyer expected to take possession.
What your solicitor does before you sign
Effective PCIT work involves more than checking that documents are present.
We examine the title to confirm that the seller owns what is being sold and has the legal capacity to transfer it. We compare the title map with the property’s physical layout and the information provided by the selling agent. We review rights of way, covenants, planning documents, services, management arrangements and any burdens registered against the property.
We also test the documents against your intended use.
That matters because a title that is acceptable for one buyer may not suit another. If you plan to extend the house, acquire adjoining land, retain staff accommodation or hold the property through a particular ownership structure, existing restrictions can have a direct commercial effect.
Where a problem arises, we pursue a practical solution. That may involve obtaining a missing deed, clarifying a boundary, requiring an architect’s certificate, securing a third-party consent or negotiating a specific contract condition. If the risk cannot be removed, we explain its consequences clearly so that you can make an informed decision.
For buyers using finance, we also consider whether the title will satisfy the lender’s requirements. Discovering late in the process that a bank will not accept a title can place the deposit, completion timetable and wider transaction strategy under pressure.
Early advice protects more than the purchase
High-value property transactions often sit within a broader financial plan. The timing of a sale, the source of funds, the ownership vehicle and proposed works may involve accountants, tax advisers, lenders and family offices.
Bringing your solicitor into the transaction early allows the legal review to run alongside those decisions. It also reduces the risk of incurring significant valuation, financing, design or tax-planning costs for a property whose title cannot support the intended purchase.
The aim is not to slow the transaction. It is to remove avoidable uncertainty before commitment.
PCIT gives buyers a valuable opportunity to understand the title, resolve defects and make decisions from a position of control. Used properly, it produces a clearer contract, a more predictable completion and greater confidence in the asset being acquired.
Before you sign, you should know exactly what you are buying and whether the title will support everything you intend to do with it.
About the author: William Donovan is a seasoned Conveyancing Solicitor and Property Law Expert at HOMS Assist, with nearly three decades of experience in residential property transactions and compliance. His deep understanding of residential property law, reflects his commitment to providing clear, actionable advice to private individuals navigating Ireland’s evolving property landscape.
