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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11. Documentary First Registrations
- The
Application Form (Form 1 or 2) must specify the registration required,
i.e.,
- Identify
the owners and the property;
- Specify
the estate they are entitled to (freehold or leasehold);
- Specify
the incumbrances to be registered as burdens.
- The
property should be specified as it will be described in the Register,
and not in the words used in the Deeds, e.g.,
- “Part
of the Lands of Blackacre situate at Knockmealdown Street in the
town of Winterbottom, Barony of Duhallow and County of Cork,
containing 34.221 hectares, shown edged red and lettered A on the
attached map.”
- An
up-to-date OS map in the currently used scale is necessary.
- The
title should be described in a Statement of Title.
This again should not quote the words of the Deeds, but give
your interpretation of the effect of the Deed, e.g.,
- “By
Conveyance on sale dated 23 January 1973, John Brown conveyed the
property to Billy White and Mary White in fee simple, free from
incumbrances, as tenants in common in equal shares.
- Billy
White died on 19 August 1980, having by his Will dated 12 December
1979 devised his share of the property to Mary White absolutely. A
Grant of Probate of his Will issued to Mary White on 3 April 1980.
- By
Assent dated 1 June 1980 Mary White, as legal personal
representative of Billy White, assented to the vesting in herself of
the interest formerly held by Billy White.
- By
Conveyance on sale dated 21 February 1999, Mary White conveyed the
property …”
Lodge
searches with the application; Registry of Deeds search since the Root of
Title.
Proinnsias Ó Cillín Land
Registration Forum
Societal
Information System (project 1997 - 1999)
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