The Register
Background
The Land Registry was introduced in the context of the land purchase legislation. The Land Commission vested much of the former landed estates in its tenant farmers. Upon vesting of title, it was compulsorily registered in the Land Registry.
The Registration of Deeds and Title Act 2006 merged the Land Registry and Registry of Deed into the Property Registration Authority of Ireland.
Proof of ownership or title depends on an entry in the relevant register. Once the title becomes registered in the Land Registry, it may no longer be dealt with under the Registry of Deeds.
The deeds are taken into Land Registry and retained by it. They cease to be proof of title. They are replaced by the registered title, which constitutes the title in itself.
Registers
There are two principal registers.
Register of freehold interests;
Register of leasehold interests
There are also registers of ownership of—
- incorporeal hereditaments held in gross (independently of land);
- such other rights in land as may be prescribed.
Registered Titles
The Land Registry file (folio) for each title has a particular file or “folio” number. Each folio relates to a distinct piece of property, or more correctly a distinct estate or interest in a property. Freehold estates and leases for more than 21 years may be registered as independent titles in respect of the same land.
A folio may relate to a large or small area. This will usually be an accident of history.
The Land Registry folio shows the name of the owner. It sets out the type of interest in the property concerned.
It shows details of other person’s rights over the land, such as mortgage/charges easements and other rights. There are certain types of rights that affect registered titles even though they are not registered.
Classes of Title
There are a number of classes of title; absolute, good leasehold, and possessory. The most commonly found class is an absolute title, which gives the greatest level of guarantee.
A good leasehold title is a guarantee only of the lessee’s title under the lease and does not guarantee the validity of the landlord’s title to grant it.
A possessory title is one that has been acquired under the Statute of limitations. In time possessory titles may be upgraded to absolute.
Parts I of the Folio
Folio numbers identify the files in which titles are registered. The folio is comprised of three parts.
The first part of the folio (Part I) includes a description of the property with reference to the registry plan. The plan number or numbers are specified.
The plan is the “file plan” and is based on the Ordnance Survey map. The scale is 1:1000 in urban areas and 1:2,500 in rural areas. The boundaries marked are not conclusive.
Part I may also contain details of easements and covenants attached to the land. It is not mandatory to specify easements attaching to the land. In contrast, it is necessary to register easements granted by deed, on the title which they affect.
Ownership of mines and minerals may also be specified in Part I.
Part II of the Folio
The second part of the folio sets out the name and address of the owner(s) and the date of registration as owner. The address must be within the state for the service of any notices on the owner.
Part II specifies the class of title, whether absolute possessory or qualified title. The best title is the “absolute” title. Other classes of title may be granted where the Land Registry does not fully investigate the title.
Where ownership is in common, this is stated and the shares are specified.
Cautions and inhibitions restricting registration are registered in Part II
Part III of the Folio
Part III, the third part of the folio sets out the burdens (interest and rights) which affect the title. The order of registration usually sets the relative priority.
Burdens registered include such rights and interests as mortgages, covenants, easements and other rights, which require to be registered to affect registered title land.
Any lease with more than 21 years to run must be registered in the Land Registry to affect the registered title. Leases for less than this period, affect registered titles without being registered.
Easements created by deeds must be registered. Easements and rights acquired by long use need not be registered until they are formally declared by court order or by the Land Registry. Covenants affecting the property must be registered.
Cautions against dealing with burdens (as opposed to the land are registered in Part III.
Registration
The Land Registry itself examines the unregistered title before it registers the title. Alternatively, the Land Registry may accept a title that has been certified by a solicitor.
Once registered in the Land Registry, the older Registry of Deeds system no longer applies to the property. The deeds are deposited in the Land Registry and they are no longer directly relevant.
The transfer of registration to the Land Registry is noted in the Registry of Deeds.
Organisation of Titles
Each title is given a “folio” number. The register of titles for each county is separate.
It is identified by the county and folio number. An example of a title in County Dublin is Folio 12345F County Dublin. It is also referenced as DN12345F.
Formerly, each title had a number only. Since the 1964 Act, Land Registry titles numbers distinguish between leasehold titles (L) and freehold titles (F). The “F” indicates a freehold title, while an “L” indicates a leasehold title. Older title numbers do not have a letter at the end so that there may be, for example, Folio 12345 County Dublin.
Changing the Register
The Land Registry Rules deal with the management and operation of the Land Registry and the procedures for dealing with the registered title. They prescribe forms for most types of transactions.
The forms are to be used in transactions to which they apply, with alterations and modifications as appropriate. Applications in improper form may be rejected. The current rules are the Land Registration Rules 2012.
In practice it is necessary to modify many Land Registry forms, to adapt them for the particular circumstances. The standard Land Registry transfer is a short, simple form. If, however, it is necessary to grant or reserve easements or provide covenants, it will be necessary to draft a significantly longer document while retaining the essential elements of the Land Registry form.
Land Registry fees for particular transactions or “dealings” with the title are set by law. They are amended from time to time.
Dematerialisation
Formerly until 2007, Land Certificates were issued. The Land Certificate was in the nature of a title document, as it had to be produced on every significant dealing with the land, such as mortgage, transfers, etc. In support of an eventual system of e-conveyancing, Land Certificates were made ineffective, as and from 1st January, 2007.
The details requirements and forms for dealings with registry title land are set out in the Land Registry Rules. The Registry has published Practice Notes in relating to the practice and procedure for certain types of transactions and matters.