Registered Title 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 the registered title. The Registry of Deeds registers the priority of deeds only and does not guarantee title to the property. In contrast, the Land Registry guarantees […]
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 […]
Limits of Land Registry The Land Registry deals only with the legal ownership in land. It is possible for persons to have equitable rights in land, such as trust beneficiaries and other beneficial owners for whom the registered owner holds the property. See our chapters on trusts and equitable interests. Generally, the legal owner may sell and the buyer may […]
Overriding / S.72 Burdens Certain classes of rights and interests (so-called section 72 burdens) bind registered titles without registration. Generally, they are rights and interests which may be discovered by physical inspection of the property. This is similar to the general principle applicable to unregistered titles, that a buyer purchases subject to interests that would be discoverable on inspection. It […]
Dealing Required 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. or some other. The date of the application for registration determines its priority relative to other […]
Title by Adverse Possession Title to property may be lost by adverse possession. See the sections on adverse possession. Where a third party is in possession of the property for the requisite period, the registered owner’s rights to recover possession becomes “statute barred”. It is too late to take proceedings and the person in possession effectively takes the title. The […]
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. […]
Property Registration Authority The Land Registry is a State institution which registers and guarantees title to property. The Land Registry registers titles and properties in files called folios. The Land Registry was reorganised in 2006, and both it and the Registry of Deeds is part of the Property Registration Authority. The title registration part continues to be called the Land […]
Voluntary Registration A land owner with an unregistered title may apply to register his title voluntarily. Voluntary first registration has been and is encouraged by the fee structure. It is sometimes done where a complex Registry of Deeds title is involved. It may be done to simplify title, particularly on the development and sub-division of land into parcels for sales. […]
Background The current system of land registration dates from 1892. Earlier systems of land registration had been enacted in Ireland. After the famine, the Landed Estates Court (Ireland) Act 1858 provided for the sales of certain encumbered estate by way of conveyance by a judge of the High Court. This vested title to the land, overreaching all previous interests, which attached […]
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 in a successor on death or some other. The date of the application for registration determines its priority […]
General There are two types of burdens which may 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. The categories of burdens have been extended and amended from time to time. Title to freehold or […]
Leases and Land Registration The Registration of Title Act allows for the creation of registered leasehold titles in respect of the lessee’s interest under 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. […]