Guidelines to Land
Registration in Ireland
Presented by Proinnsias Ó Cillín BL, BSc (IT), MSc,
Land Registration Consultant
1.
Changing Times
2.
Popular Queries
3.
Avoiding Queries
4.
Fundamental Mistakes
5.
The NCT Attitude
6.
Solicitors' Exposure
7.
Required Certification of Title
8.
Qualified Title
9.
Conversion of Title
10.
Adverse Possession
11.
Documentary First Registration
12.
More Changes Coming
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12. More Changes
Coming
First Registration
The
present procedures for First Registration have changed very little since
the 19th Century. They
are unsuitable to the Information Age.
Solicitors should expect, (or perhaps demand), change to a more
dynamic system, where:
- Solicitors
will certify documentary titles as Absolute or Qualified, and
- Solicitors
will certify the title of persons in possession without documentary
title as Possessory Title, and
- Registration
will be instant and without query, except for technical matters such
as clarification of description and removal of ambiguity in
applications, and
- The
Law will provide 6 years for lodgement of contradictory claims,
and
- If
not contested within 6 years Qualified and Possessory Titles will be
converted to Absolute.
Right of Person in Occupation
The
Globalisation of the Economy, and, with it, the Land Market, demands that
a purchaser from a registered owner will be protected against
unforeseeable challenges to his title.
Our
present law states that a purchaser takes subject to "the rights of
every person in actual occupation of the land or in receipt of the rents
and profits thereof, save where, upon enquiry made of such person, the
rights are not disclosed" (s. 72(1)(j), Registration of Title Act
1964).
A
Bill at present before the Oireachtas will (inter alia) change this (The
Land and Conveyancing Law Reform Bill 2006, s. 21). If passed, a
purchaser will apparently take free from the rights of a person in actual
occupation, unless he has registered his right or a caution or inhibition
to protect his right.
Proinnsias Ó Cillín Land
Registration Forum
Societal
Information System (project 1997 - 1999)
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