Registration

Transfers and Transmissions

Dealing with the Registered Title Registered titles are transferred and otherwise altered by way of a dealing. A ‘dealing’ is an application to the Land Registry to change the registered title, for example, a transfer on sale or transmission vesting the title ins a successor on death.… Read the rest

The Land Registry

Land Registration Background. The current system of land registration dates from 1892. Under the Land Purchase Acts, almost all agricultural land in the country was purchased from the landlords and vested in their tenant farmers. The land transfers made under the Land Purchase Acts, which made numerous tenant farmers freehold owners, made it desirable to have a simplified system of proving title.… Read the rest

Registration of Deeds

Deeds Registration and Title Registration The registration of deeds system is the older system of land registration. It does not register the ownership of title. It registers the relative priority of deeds and documents. The registration of deed system is being phased out.… Read the rest

Priorities

Comparison with Registry of Deeds The general rules on priority which are applicable to transfers of property, leases, mortgages and the grant of other rights in property in unregistered title land are modified in relation to registered title.… Read the rest

Nature of Registered Title

State Guarantee of Title The Property Registration Authority of Ireland administers the Land Registry and the Registry of Deeds. The Land Registry registers ownership of land and provides a State guarantee. If a person suffers a loss in consequences of an error originating in the Land Registry, he has a right, in principle, to sue for compensation.… Read the rest

Leasehold

Leases and Land Registration The Registration of Title Act allows for the creation of registered leasehold titles, in respect of the lessee’s interest of a lease for a term of more than 21 years. A lease for a term of less than 21 years’ duration affects registered land without registration, provided that the tenant is in actual occupation under the lease.… Read the rest

Land Registry Principles

Priorities Priorities refer to the respective rights of parties who have each been granted conflicting rights or interests in the same property. Rules on priorities determine whether one interest or right is superior to the other and accordingly that the latter yields to it.… Read the rest

Land Registry Overview

Title Registration Title means ownership. There are two distinct systems of proving the legal title to a property in Ireland. The first and most older system is sometimes referred to as unregistered or “Registry of Deeds” title.… Read the rest

Burdens

General There are two types of burdens which affect registered land. One category of burden affects registered title, only if registered. The other category of burden, set out in section 72 of the Registration of Title Act, affects registered land without registration. … Read the rest