Selling land is rarer and more consequential for a farmer than buying it: it is capital leaving the family, often to fund retirement, settle an estate or rebalance a succession plan. The legal process rewards sellers who prepare before the auctioneer is ever instructed — because every title problem found by a buyer’s solicitor costs more than the same problem fixed in advance.
Stage 1: Prepare the Title (Before Marketing)
- Assemble folios and check the maps against the ground; fix discrepancies now, not mid-sale;
- First-register any unregistered parcels — the single most common source of months of delay;
- Document access and rights of way the land enjoys or is subject to;
- Deal with occupiers: end or formalise conacre and lettings, and decide what the buyer takes subject to;
- Decide the entitlements question, and gather consents (spouse, mortgagee) that closing will require;
- For estate sales — extract the Grant first; see probate of farming estates.
Stage 2: Contract
We draft the contract for sale with the conditions the land actually needs: what is included (entitlements, crops, fixtures), completion timing around the farming year, any rights being reserved (a way to retained land, services), and special conditions for the quirks the title review found. At auction the contract is on the table before bidding and binds immediately; by private treaty there is room to negotiate — and for the buyer’s conditions to appear.
Stage 3: Sale Agreed to Completion
The buyer’s solicitor raises requisitions on title; we answer them from the prepared file. Closing exchanges the balance of the price for the executed transfer deed and documents; entitlement transfers go to the Department within the scheme window; and the buyer registers with Tailte Éireann. Where the sale funds the next step — provision for non-farming children, a retirement fund alongside a transfer of the remaining holding — we sequence the pieces together.
Thinking of Selling?
Instruct us before the auctioneer. Title prepared in advance is the cheapest acceleration a sale can buy.
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About the Author
Richard O’Shea TEP, Solicitor practises with Mary Molloy Solicitors (established 1981), advising farming families across Ireland on farm transfers, succession planning, wills, probate and agricultural property matters. As a STEP-qualified Trust and Estate Practitioner, Richard specialises in the legal structuring of intergenerational farm transfers, working alongside each family’s accountant and tax advisor. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.
This article is for general information only and does not constitute legal advice. Every farm and family situation is different, and you should obtain advice on your own circumstances before acting. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.