Property and land ownership in Ireland falls into either of two categories.
1. Land Registry Title 2. Unregistered Title
“Land Registry Title” is the term used to describe property recorded in an Irish Land Register which was first established in the 19th century and which is regulated by various subsequent statutory provisions. 90% of the landmass in the Republic of Ireland is registered in this way.
“Unregistered Title” is a system where basic information relevant to each document of title is recorded in a central office known as the “Registry of Deeds” and is not recorded or registered as Land Registry Title.
Registration of a title document in the Registry of Deeds does not give it any added validity. Each document that makes up an Unregistered Title must be considered in terms of its construction and legal effect and appropriate searches must be made, notwithstanding that each document may already be registered with the Registry of Deeds.
The Register which records all Land Registry Title is conclusive evidence of title and is guaranteed by the State. The Register is kept constantly up to date and affords direct access to information concerning the ownership of land and mortgages etc which may affect it. In addition, this system offers immediate online access and a definitive map.
The Land Registry and the Registry of Deeds are now managed and controlled by the Property Registration Authority.
Registration of Unregistered Title with the Land Registry is compulsory in all counties and cities in Ireland. Counties Dublin and Cork are, for now, exceptions to this requirement. The Property Registration Authority actively encourages voluntary registration as part of its overall policy of a gradual extension of title registration which will ultimately cover all land in the State.
The Government has signalled that the extension of its policy of compulsory title registration should now be expedited so that there will be a comprehensive Land Register which will facilitate reforms in the law of property and the inevitable arrival of electronic conveyancing (e-conveyancing)
Maurice Leahy Wade & Co will convert your property if it is currently Unregistered Title so that it will be registered with the Property Registration Authority as Land Registry Title.
The advantages of ownership of Land Registry Title are:-
- Your title is guaranteed by the State. - The register is constantly updated. - Your property is defined by a properly drawn map which is prepared in line with Ordnance Survey standards of accuracy and accepted land surveying practices and procedures. - Evidence of title and ownership of your property is reduced to a single document and map. - All necessary dealings with your property will be compliant with e-conveyancing procedures. - Properties valued less than €1,000,000.00 may be registered under Solicitors Certificate. - Delays in subsequent dealings involving compulsory registration of unregistered property will be avoided.
If you are interested in upgrading your property to Land Registry Title you can e-mail us at lexleahy@securemail.ie or telephone your instructions or any enquiry you may have directly to us (Ref: Orla Gouldsbury).
