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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2.
Popular Queries issuing from the Land Registry
- Problems
with the Form 17
- What
registration, exactly, is applied for?
- Are
applicants applying as Joint Tenants or as Tenant in Common?
- If
Tenants in Common, what shares?
- How
do the lodged documents justify the registration applied for?
- Wrong
Folio numbers specified.
- Land
Certificate
- Not
lodged
- Consent
not lodged to using LC
- Family
Home Protection Act not dealt with
- Deeds
inadequately stamped (Stamp Duty, Particulars Delivered, Adjudged)
- Identification
of Transferor/ Grantor with Registered Owner
o
Transferor is not identified
in the deed as registered owner
o
Transferor has a different
name than registered owner (e.g. William O’Toole instead of Bill Toole)
(Certify that William O’Toole is one and the same person as Bill Toole)
o
Transferor has the same name
as the registered owner, but is possibly not the same person (e.g., where
Paddy Murphy, the registered owner, was registered in 1915, and Paddy
Murphy, the transferor, signs with a strong, young-looking signature)
o
Transferor is identified as
registered owner, but is patently not the registered owner.
(Identify instead as person “entitled to be registered owner,”
and produce the intervening document).
- Amount
not supplied for charges
- Problems
with dates
- No
date on Deed
- Incomplete
date
- Charge
dated prior to the Transfer
- Cert
of Charge not lodged for Release
- Fees:
wrong fee submitted
- Execution
of Deeds
- Not
witnessed
- Witness’s
name illegible
- Jurats
- Not
attested
- Date
not filled in
- Transfers
of Part
- No
Map
- Unsuitable
map
- Description
in Deed does not match map
- Area
not supplied for part transferred
- Burdens
on part 3 not dealt with (will affect part transferred unless
partial release)
- (Formerly:
problems with Land Commission consent to subdivision)
- Consent
of Local Authority not provided (Where registration under Housing Act)
- Transmissions
o
Death post 1959: comply
strictly with the prescribed forms, and don’t disclose any additional
information
o
Death pre 1959:
§
All details must be
shown
§
Deed of Transfer
necessary, except Assent to devisee
§
Produce grants in
respect of recurring deaths
§
Show devolution to
applicant
§
Where reliance is
partly on Statute of Limitations, submit s. 49 application instead
Proinnsias Ó Cillín Land
Registration Forum
Societal Information System
(project 1997 - 1999)
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