Guidelines to Land Registration in IrelandPresented by Proinnsias Ó Cillín BL, BSc (IT), MSc, Land Registration Consultant7. Required Certification of Title |
6. Solicitors
Exposure
Solicitors
who think that they can rely on the Land Registry to specify requirements
are deluding themselves. A
solicitor has university education, professional training and years of
experience. He has the
professional responsibility of deciding what registration is required in
order to protect his client’s interest.
If he gets it wrong and submits for a registration that does not
adequately protect his client, he is exposed to a claim for professional
negligence. When
he submits a dealing to the Land Registry, the case is usually examined by
an Executive Officer who is not required to have any legal or university
education, (although I understand that nowadays most if not all have 3rd
level education) and might have only a few months’ training and
experience in Land Registration. His
job is not to advise a solicitor as to what registration is required, but
to check that all the technical requirements are present for the
registration applied for. A
solicitor can only rely on the Land Registry to specify the technicalities
required for a registration and not to advise on whether the proposed
registration is in the client’s interest. The
Rejection of a Dealing can
expose a solicitor to risk, since the Dealing loses priority.
A
typical example is a transfer of part that was rejected, and a transfer of
the entire Folio, (intended to be a transfer of the residue), was lodged
before re-lodgment of the transfer of part, which then is required to be
re-executed by the new registered owner. It
is advisable, therefore, to avoid rejections by getting it right first
time and checking that all necessary proofs are included when lodging
dealings. Societal Information System (project 1997 - 1999) |
| Solicitors: Assistance with Land Registry applications: E-mail me at killeens@indigo.ie | |
| History of Land Registration in Ireland | |
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A Model for Land Registration in the Information Age Thesis by Proinnsias Ó Cillín (€35): |
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