First Registration
Registration of Title Act
Registration of Ownership
Compulsory registration.
23.—(1) The registration of the ownership of freehold land shall be compulsory in the following cases—
(a) where the land has been F33[…] at any time sold and conveyed to or vested in any person under any of the provisions of the Land Purchase Acts or the Labourers Acts, 1883 to 1962;
(b) where the land is acquired, after the commencement of this Act, by a statutory authority;
(c) in any case to which subsection (2) F34[or (2A)] of section 24 applies.
F35[(1A) Where land has been sold, conveyed or vested under the Irish Church Act 1869 and its ownership has not been registered, registration of ownership of the land is deemed never to have been required merely by virtue of the sale, conveyance or vesting.]
(2) The registration of the ownership of a leasehold interest shall be compulsory in the following cases—
(a) where the interest is acquired, after the commencement of this Act, by a statutory authority;
(b) in any case to which subsection (2) F34[or (2A)] of section 24 applies.
(3) The provisions of this Act in relation to registration of ownership do not apply to an estate or interest in reversion, remainder or expectancy.
Extension of compulsory registration.
F36[24.—(1) The Minister for Justice, Equality and Law Reform, after consultation with the Authority, may by order provide that this section shall apply to—
(a) a specified area, including a local government area within the meaning of section 10 of the Local Government Act 2001,
(b) specified land, or
(c) specified land in such an area,
F37[on and after] a specified day, not being earlier than 6 months after the making of the order.
(2) Where this section applies, the registration of ownership of the land concerned shall, if not already compulsory, become compulsory—
(a) in the case of freehold land, upon its conveyance on sale, and
(b) in the case of a leasehold interest, upon the grant or assignment on sale of such an interest.
(2A) An order under this section may provide that the registration of ownership of land to which this section applies shall, if not already compulsory, become compulsory in the case of specified dispositions of land other than those mentioned in subsection (2).
(2B) The Minister may by order amend or revoke an order under this section, including an order under this subsection.]
(3) In this Part “conveyance on sale” and “assignment on sale” mean an instrument made on sale for money or money’s worth by virtue of which there is conferred or completed a title in respect of which an application for registration as owner may be made, and include a conveyance or assignment by way of exchange where money is paid for equality of exchange and also include any contract, agreement, condition or covenant affecting the property comprised in the conveyance or assignment and entered into or made as part of, or in association with, such conveyance or assignment.
Annotations
Amendments:
F36
Substituted (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 53, S.I. No. 511 of 2006.
F37
Substituted (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 8(1) and sch. 1, S.I. No. 356 of 2009.
Modifications (not altering text):
C18
Functions transferred and references to “Department of Justice and Equality” and “Minister for Justice and Equality” construed (1.01.2018) by Property Registration Authority (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 574 of 2017), arts. 2 and 3, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Note change of Title of Minister and name of Department from Justice, Equality and Law Reform to Justice and Law Reform (2.06.2010) by Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010), in effect as per art. 1(2).
2. (1) The administration and business in connection with the exercise, performance or execution of the functions transferred by Article 3 are transferred to the Department of Housing, Planning and Local Government.
(2) References to the Department of Justice and Equality contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Housing, Planning and Local Government.
3. (1) The functions vested in the Minister for Justice and Equality by or under–
(a) the Registration of Titles Act 1964 (No. 16 of 1964),
…
are transferred to the Minister for Housing, Planning and Local Government.
(2) References to the Minister for Justice and Equality contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Housing, Planning and Local Government.
Editorial Notes:
E19
Power pursuant to section exercised (1.06.2011) by Registration of Title Act 1964 (Compulsory Registration of Ownership) (Cork and Dublin) Order 2010 (S.I. No. 516 of 2010).
E20
Power pursuant to section exercised (1.01.2010) by Registration of Title Act 1964 (Compulsory Registration of Ownership) (Cavan, Donegal, Galway, Kerry, Kildare, Leitrim, Limerick, Mayo, Monaghan, North Tipperary, Offaly, South Tipperary and Waterford) Order 2009 (S.I. No. 176 of 2009).
E21
Power pursuant to section exercised (1.10.2008) by Registration of Title Act 1964 (Compulsory Registration of Ownership) (Clare, Kilkenny, Louth, Sligo, Wexford and Wicklow) Order 2008 (S.I. No. 81 of 2008).
E22
Provision for order under section to be laid before Houses of the Oireachtas made (26.05.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 6, S.I. No. 272 of 2006.
E23
Power pursuant to section exercised (1.04.2006) by Registration of Title Act 1964 (Compulsory Registration of Ownership) (Longford, Roscommon and Westmeath) Order 2005 (S.I. No. 605 of 2005).
E24
Power pursuant to section exercised (1.01.1970) by Compulsory Registration of Ownership (Carlow, Laoighis and Meath) Order 1969 (S.I. No. 87 of 1969).
E25
Previous affecting provision: vesting certificate deemed to be conveyance on sale for purposes of section (1.08.1978) by Landlord and Tenant (Ground Rents) (No. 2) Act 1978 (16/1978), s. 22(3), commenced as per s. 2; Part III including s. 22 ceased to have effect (1.08.1983) as per s. 18.
Effect of failure to register where registration compulsory.
F38[25.— A person shall not acquire an estate or interest in land in any case in which registration of ownership of the land is or becomes compulsory under section 23 or 24 unless the person is registered as owner of the estate or interest within 6 months after the purported acquisition or at such later time as the Authority (or, in case of refusal, the court) may sanction in any particular case, but on any such registration the person’s title shall relate back to the date of the purported acquisition, and any dealings with the land before the registration shall have effect accordingly.]
Registration by Land Commission.
26.—(1) In the case of any land to which paragraph (a) of subsection (1) of section 23 applies sold or conveyed to or vested in or deemed to be sold or conveyed to or vested in a purchaser under the Land Purchase Acts prior to the 1st day of January, 1892, the Land Commission, in order that the registration of the ownership of the lands may be effected, may transmit to F39[the Authority] the prescribed particulars respecting the land and the name of the person appearing to them to be in possession thereof and F39[the Authority] shall thereupon register that person as the owner of the land.
(2) Subject to subsection (1), whenever the Land Commission vest land in a purchaser under the Land Purchase Acts by vesting order, or other instrument, they shall forthwith furnish to F39[the Authority] such documents as may be prescribed for the purpose of registration and thereupon F39[the Authority] shall register the ownership of the person named in the said instrument, in accordance with the provisions of this Act.
(3) The ownership of every person so registered shall, unless F39[the Authority] is satisfied that the grant of an absolute or qualified title is warranted, be registered with a possessory title.
(4) In the case of unregistered land to which subsection (2) applies, the following provisions shall have effect—
(a) such land shall, on and after the date of the instrument, be deemed to be registered land within the meaning of this Act and this Act shall apply to such land accordingly;
(b) such land shall, on and after the date of the instrument, be exempt from the provisions of the Acts relating to the Registry of Deeds.
Notice of trusts.
92.—(1) Subject to the provisions of this Act, notice of a trust shall not be entered in the register.
(2) None of the following persons shall, by reason merely of the receipt by F117[the Authority] of an instrument relating to land for the purpose of a registration, be affected with notice of any trust contained in or arising out of matters contained in such instrument:
(a) F117[the Authority];
(b) a registered transferee for valuable consideration of the land;
(c) a registered owner of a charge created for valuable consideration on the land;
(d) a person claiming an interest created for valuable consideration in a registered burden on the land.
(3) In this section “trust” includes express, implied and constructive trusts.
Production of deeds.
94.—Where—
(a) an application is made for the registration of an owner of land, or
(b) F120[the Authority] has occasion, in the course of F121[its] duties, to investigate the title to registered land or to a burden on registered land,
if any person has in his possession or custody any deeds, wills or instruments affecting the title, to the production of which the applicant or any trustee for him is entitled or the production of which F120[the Authority] considers, on any such occasion, to be necessary for the purpose of such investigation, F120[the Authority] may require that person to show cause, within a time limited, why he should not produce such deeds, wills, or instruments, or any of them; and, unless cause is shown to the satisfaction of F120[the Authority] within the time limited, F121[it] may order that the deeds, wills or instruments, or any of them shall be produced at the expense of the applicant, at such time and place, and in such manner, and on such terms as F121[it] thinks fit.
Deeds to be marked with notice of registration.
95.—Subject to general rules, F122[the Authority] may, if F123[it] thinks fit, before registering a person as owner of land, require him to produce such documents of title as will in the opinion of F122[the Authority], when stamped or otherwise marked, give notice to any purchaser or other person dealing with the land of the fact of the registration, or otherwise to satisfy F122[the Authority] that the fact of the registration cannot be concealed from a purchaser or other person dealing with the land, and may stamp or otherwise mark any documents so produced.
Discovery of instruments and facts affecting title.
93.—(1) Where—
(a) an application is made for the registration of the owner of any land in respect of which an examination of title is required, or
(b) F118[the Authority] has occasion, in the course of F119[its] duties, to investigate the title to registered land or to a burden on registered land,
an affidavit shall be produced to the effect that, to the best of the deponent’s knowledge and belief, all deeds, wills, instruments of title and incumbrances affecting the title, and all facts material to the title, have been disclosed to F118[the Authority].
(2) F118[The Authority] may require any person making an affidavit in pursuance of this section to state in the affidavit what means he has had of becoming acquainted with the several matters referred to in the section; and if F118[the Authority] is of opinion that any further evidence is necessary or desirable, F119[it] may refuse to effect the registration, or to make or cancel any entry in the register, until such further evidence is produced.
S.I. No. 87/1969 –
Compulsory Registration of Ownership (Carlow, Laoighis and Meath) Order, 1969.
COMPULSORY REGISTRATION OF OWNERSHIP (CARLOW, LAOIGHIS AND MEATH) ORDER, 1969.
I, MICHEAL Ó MÓRAIN, Minister for Justice, in exercise of the powers conferred on my by section 24 of the Registration of Title Act, 1964 (No. 16 of 1964), hereby order as follows :
1. This Order may be cited as the Compulsory Registration of Ownership (Carlow, Laoighis and Meath) Order, 1969.
2. Section 24 of the Registration of Title Act, 1964 (No. 16 of 1964), shall apply to the counties of Carlow, Laoghis and Meath on and after the 1st day of January, 1970.
GIVEN under my Official Seal this 21st day of May, 1969.
MICHEAL Ó. MORAIN,
Minister for Justice.
EXPLANATORY NOTE.
The Order applies the compulsory registration provisions of section 24 of the Registration of Title Act, 1964 to the counties specified.
S.I. No. 605/2005 –
Registration of Title Act 1964 (Compulsory Registration of Ownership) (Longford, Roscommon and Westmeath) Order 2005
Registration of Title Act 1964 (Compulsory Registration of Ownership) (Longford, Roscommon and Westmeath) Order 2005
I, Michael McDowell, Minister for Justice, Equality and Law Reform in exercise of the powers conferred on me by section 24 of the Registration of Title Act 1964 (No. 16 of 1964), hereby order as follows:
1. This Order may be cited as the Registration of Title Act 1964 (Compulsory Registration of Ownership) (Longford, Roscommon and Westmeath) Order 2005.
2. Section 24 of the Registration of Title Act 1964 (No. 16 of 1964) shall apply to the counties of Longford, Roscommon and Westmeath on and after the 1st day of April, 2006.
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GIVEN under my Official Seal,
23rd September 2005.
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Minister for Justice, Equality and Law Reform
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
This Order extends compulsory registration of ownership of land to the counties of Longford, Roscommon and Westmeath. The Order will come into effect on 1
S.I. No. 81/2008 –
Registration of Title Act 1964 (Compulsory Registration of Ownership) (Clare, Kilkenny, Louth, Sligo, Wexford and Wicklow) Order 2008
REGISTRATION OF TITLE ACT 1964 (COMPULSORY REGISTRATION OF OWNERSHIP) (CLARE, KILKENNY, LOUTH, SLIGO, WEXFORD AND WICKLOW) ORDER 2008
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 1st April, 2008.
I, BRIAN LENIHAN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 24 (as amended by section 53 of the Registration of Deeds and Title Act 2006 (No. 12 of 2006)) of the Registration of Title Act 1964 (No. 16 of 1964) and after consultation with the Property Registration Authority, hereby order as follows:
1. This Order may be cited as the Registration of Title Act 1964 (Compulsory Registration of Ownership) (Clare, Kilkenny, Louth, Sligo, Wexford and Wicklow) Order 2008.
2. Section 24 (as amended by section 53 of the Registration of Deeds and Title Act 2006 (No. 12 of 2006)) of the Registration of Title Act 1964 (No. 16 of 1964) shall apply to the counties of Clare, Kilkenny, Louth, Sligo, Wexford and Wicklow after (but not on) 30 September 2008.
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GIVEN under my Official Seal,
27 March 2008
BRIAN LENIHAN
Minister for Justice, Equality and Law Reform.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
This Order extends compulsory registration of ownership of land to the counties of Clare, Kilkenny, Louth, Sligo, Wexford and Wicklow. The Order will come into effect on 1 October 2008.
S.I. No. 176/2009 –
Registration of Title Act 1964 (Compulsory Registration of Ownership) (Cavan, Donegal, Galway, Kerry, Kildare, Leitrim, Limerick, Mayo, Monaghan, North Tipperary, Offaly, South Tipperary and Waterford) Order 2009
“Iris Oifigiúil” of 12th May, 2009.
I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 24 (as amended by section 53 of the Registration of Deeds and Title Act 2006 (No. 12 of 2006)) of the Registration of Title Act 1964 (No. 16 of 1964) and after consultation with the Property Registration Authority, hereby order as follows:
1. This Order may be cited as the Registration of Title Act 1964 (Compulsory Registration of Ownership) (Cavan, Donegal, Galway, Kerry, Kildare, Leitrim, Limerick, Mayo, Monaghan, North Tipperary, Offaly, South Tipperary and Waterford) Order 2009.
2. Section 24 (as amended by section 53 of the Registration of Deeds and Title Act 2006 (No. 12 of 2006)) of the Registration of Title Act 1964 (No. 16 of 1964) shall apply to the local government areas specified in the Schedule after (but not on) 31 December 2009.
SCHEDULE
PART 1 Counties
Cavan
Donegal
Galway
Kerry
Kildare
Leitrim
Limerick
Mayo
Monaghan
North Tipperary
Offaly
South Tipperary
Waterford.
PART 2 Cities
Galway
Limerick
Waterford.
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GIVEN under my Official Seal,
28 April 2009
DERMOT AHERN,
Minister for Justice, Equality and Law Reform.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
This Order extends compulsory registration of ownership of land to thecounties of Cavan, Donegal, Galway, Kerry, Kildare, Leitrim, Limerick, Mayo, Monaghan, North Tipperary, Offaly, South Tipperary and Waterford and to the cities of Galway, Limerick and Waterford. The Order will come into effect on 1 January, 2010.
S.I. No. 516/2010 –
Registration of Title Act 1964 (Compulsory Registration of Ownership) (Cork and Dublin) Order 2010.
“Iris Oifigiúil” of 5th November, 2010.
I, DERMOT AHERN, Minister for Justice and Law Reform, in exercise of the powers conferred on me by section 24 (as amended by section 53 of the Registration of Deeds and Title Act 2006 (No. 12 of 2006) and section 8(1) of, and Schedule 1 to, the Land and Conveyancing Law Reform Act 2009 (No. 27 of 2009)) of the Registration of Title Act 1964 (No. 16 of 1964) and the Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 216 of 2010 ), and after consultation with the Property Registration Authority, hereby order as follows:
1. This Order may be cited as the Registration of Title Act 1964 (Compulsory Registration of Ownership) (Cork and Dublin) Order 2010.
2. Section 24 (as amended by section 53 of the Registration of Deeds and Title Act 2006 (No. 12 of 2006) and section 8(1) of, and Schedule 1 to, the Land and Conveyancing Law Reform Act 2009 (No. 27 of 2009)) of the Registration of Title Act 1964 (No. 16 of 1964) shall apply to the local government areas specified in the Schedule on and after 1 June 2011.
SCHEDULE
PART 1Counties
Cork
Dun Laoghaire-Rathdown
Fingal
South Dublin
PART 2Cities
Cork
Dublin
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GIVEN under my Official Seal,
2 November 2010.
DERMOT AHERN,
Minister for Justice and Law Reform.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
This Order extends compulsory registration of ownership of land to the counties of Cork and Dublin and to the cities of Cork and Dublin. The Order will come into effect on 1 June, 2011.