First Property Registration Processes and Procedures

The Registration of Title Act 1964 (Compulsory Registration of Ownership) (Cork and Dublin) Order 2010 (S.I. 516/2010) brings into effect the compulsory registration of title in the Land Registry (now managed and controlled by the Property Registration Authority (the "PRA")) and has been extended to the counties and cities of Dublin and Cork from the 1st of June 2011. Registration of title in the Land Registry is now compulsory in all counties. This development is part of an ongoing departure from the older and more limited system of registration of titles in the Registry of Deeds and it is anticipated that compulsory registration will facilitate the governmental backed initiative to introduce "e-conveyancing".

Registration of title – an overview

When title is registered in the Land Registry, all relevant particulars of the property and its ownership are entered on "folios" which, in conjunction with Land Registry maps, form the register maintained in the Land Registry.

The key advantages of holding a registered title are: (a) proving title is a simpler process as there is no longer a bundle of title deeds needed; and (b) a Land Registry title is guaranteed by the State - if it is subsequently established that there has been an error in registration, any person who suffers a loss due to the erroneous registration is indemnified against such loss by the State. Accordingly the Land Registry subject titles submitted to them for registration to a high level of scrutiny prior to registration.

When does registration become compulsory?

Registration of title is now compulsory where there is a "conveyance on sale" (in the case of freehold land) and/or a "grant or assignment on sale" (in the case of leasehold land).

A "conveyance or assignment on sale" is a document evidencing a sale for money or money’s worth and by which the purchaser gains an interest in land which is capable of being registered (this includes the granting of a long or "sale" lease). It is worth noting that the obligation to register a title does not arise on mortgaging, mortgage refinancing or conveyances or settlements in consideration of marriage, as these transactions do not fall within the definition of ‘conveyance on sale’. However it is possible that financial institutions may now seek to have titles registered as part of a financing or refinancing process

How do I know if I need a land registry compliant map?

You can click here to check if your property has been previously registered with The Land Registry  - click the 'Proceed as Guest' button on the following landing page and search your property address through the interactive map. If your site or property is not outlined in red or green this will mean that it is currently unregistered and you will require a Land Registry Map for First Property Registration.

Why do I need a Land Registry Compliant Map?

When a property or part of a property requires a new title, the boundary and plot require lodgement and approval by the Land Registry. Properties that have not been previously registered go through a process called First Property Registration.

 

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