Date The insertion of a date is not a strictly necessary part of the deed. The date inserted may not necessarily be the date of delivery. This arises where a deed is executed in escrow. Execution in escrow means that it is executed subject to a condition and it is not to be delivered, i.e. become effective until that condition […]
General The buyer’s solicitor prepares the purchase deeds. The seller’s solicitor approves it. There may be amendments and discussions. In the vast majority of cases, no controversy will arise. The form and nature of the deed will derive from the contract. The contract might set out the obligations to be undertaken by the seller under the deed. It will define […]
Deeds 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. Since June 2011, all counties in the Republic of Ireland have been subject to compulsory title registration in […]
Overview With unregistered title, proof of title or ownership depends on the deeds. The deeds themselves are registered in the Registry of Deeds.The title is not registered in the Land Registry. The system of unregistered title is being phased out with the compulsory registration of title in all counties as of June 2011. However it will still remain of considerable […]
Competing Interests 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. In extreme cases, which may involve fraud on the part of a vendor, priority issues […]
Registry of Deeds The Registry of Deeds legislation commenced in the early 18th century. It changed the fundamental principle that the earlier transfer, mortgages, etc., of a legal estate, had priority over the later disposition. The registration of a deed gives it priority over another deed which is registered second after it. This is usually the case, notwithstanding that the […]