The Irish Farmers' Association has criticised a proposal from the Law Society to enforce mandatory separate legal representation for voluntary transfers of property.
The chairman of the IFA Farm Business Committee described the proposal from the Task Force on Conveyancing Conflicts as an excessive step.
Tom Doyle said that where the transfer is straightforward, the introduction of a mandatory requirement to have two solicitors and the imposition of additional costs could deter or prevent the parties from proceeding.
He said the majority of voluntary transfers of farms occur between parents and a child, or niece or nephew. He said transfers usually arise from a natural transition of the workload and responsibilities.
However, Mr Doyle said that while the Task Force has identified instances of concern, he believes the level has been overstated.
In recent years, Mr Doyle said, farmers have faced hugely increased legal costs when registering a legal charge, as a solicitor is prohibited from acting for both the borrower and the financial institution.
The full cost of these increased charges is being borne by farmers.
He said the suggestion from the Task Force that the imposition of mandatory separate representation for voluntary transfers would not impose additional costs is misguided.
Mr Doyle said the IFA believes that for voluntary transfers, a solicitor should advise the participants of the merits of considering separate representation, particularly where there may be potential conflict or dispute between the parties.
He said the introduction of a code of conduct, or guidelines, on this issue would be very useful.
