Irish Land Law - Registration Of Title

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Compulsory Registration

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Registration of Title Act 1964 s23-25
LCLRA 2009 s128 (substitutes s25 of the 1964 Act)

Land Purchase Acts

Acquisition by statutory authority

Designated as a compulsory registration area

Registration of Deeds and Title Act 2006 established a Property Registration Authority which manages and controls registers and co-ownership registration and has other powers.

In any other situation, registration of land of voluntary

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Registers

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There are three registers :
- register for freehold land
- register for leasehold land
- register for incorporeal hereditaments held in gross and other rights

Registers are conclusive

Registers are not affected by notice unless there is actual fraud

Rectification of a deed or title can be done with the consent of the parties

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Folios and maps

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Folio :
There are three parts :
- land (including appurtenant rights)
- proprietorship (cautions and inhibitions)
- incumberances

Maps :
The latest OS maps are used
Boundaries not conclusive
Owners can seek to have boundaries erected but these would be conclusive

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Co-ownership

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s91 of the 1964 Act

There is a presumptions towards joint tenancy, unless there is an explicit agreement to the contrary / in favour of a tenancy in common.

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Trusts

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These cannot be registered : s92 of the 1964 Act
- however, trusts can be registered as a caution or an inhibition

The duties of the trustees are not affected by registration as an owner

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Settled land

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s 27, 37(2), 44(2), 99(1) of the 1964 Act

Governed by the trusts of land scheme set out in the LCLRA 2009

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Classes of freehold title

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Absolute : s37 of the 1964 Act
- Title to a property that is free of any encumbrances or deficiencies. Absolute title gives unequivocal right of ownership to the owner, and cannot be disputed or challenged by anyone else.

Qualified : s39 of the 1964 Act
- A title where there is a specified defect. Such a title has the same guarantee as absolute title – except for matters relevant to defect, which are not covered by the state guarantee.

Possessory : s38 of the 1964 Act
- A title that is used for titles based on missing deeds or on adverse possession (squatter’s rights). Possessory title does not carry the state guarantee in respect of any third party claims that arise from before the date of first registration.

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Classes of leasehold title

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Absolute : s44 of the 1964 Act

Qualified : s47 of the 1964 Act

Possessory : s46 of the 1964 Act

Good leasehold : s45 of the 1964 Act

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Adverse possession

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s49 of the 1964 Act

Obtaining rights by prolonged possession

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Transmission of registered land

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Transmission on death

If the person was the full original owner, then their personal representatives become the registered owners.
- the PRA registers them as the owners
- courts make a vesting order and also decree who should be the registered full owner

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Transfer of registered land

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According to the 1964 Act this can be done through a prescribed form - however, this only gives an equity to be registered.

The 2009 Act states that this has to be done through a conveyance by deed.

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Registered burdens

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s69 and s74 (priority) of the 1964 Act

Charges can only be formal
- informal charges are banned by s73 of the 2006 Act

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Overriding interests

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s72 of the 1964 Act

These are interests that will be protected first, over other interests.

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Cautions and Inhibitions

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s97 and 98 of the 1964 Act

This is the form in which trust of property can be registered.