Land Registration - Ireland

Ireland

Land registration is compulsory across all of Ireland, and two parallel registries are maintained: the Land Registry (Clárlann na Talún in Irish) and the Registry of Deeds (Clárlann na nGníomhas).

The system in Ireland follows the English system, but with features typical of the Torrens system (for example, anyone can inspect the register). Robert Torrens himself drafted the Record of Title (Ireland) Act, 1865 in order to record titles conveyed. The Landed Estates Court a register, the "Record of Title". While the record was not open to the public, the index could be inspected by anyone, today the index and folios can be viewed by anyone with an administration charge. Recording of title under the Act was voluntary and this was one of the reasons why the Act proved ineffective.

The Land Registry has been dealing with the registration of all transactions (purchase, sale, mortgage, remortgage and other burdens) concerning registered land since 1892, and issued land certificates which are a state guarantee of the registered owner's good title up to 1 January 2007. Land Certificates have been abolished by virtue of Section 23 of the Registration of Deeds and Title Act, 2006. Every piece of land in the register — which is arranged by county — is granted a folio number, under which all transactions pertaining to the land can be examined on request and after payment of a fee. Approximately 90% of land by area, and 85% of title, is registered.

The Registry of Deeds has since 1708 dealt with the registration of wills, title deeds, mortgage documents and other documentation concerning granting of title over land. It was originally set up to enforce the legislation regarding ownership of land by Catholics. A registered deed took precedence over an unregistered deed. Original deeds and their schedules were not retained by the registry, but rather detailed summaries (called "memorials") of conveyancing and mortgage documents are stamped and filed by the registrar. These documents are generally signed by at least one of the parties and one of the witnesses of the deeds. No certificates or guarantees of title are issued: the registry merely endeavours to provide information concerning the deeds lodged against a certain property — and, crucially, the order in which they were lodged — such as the last named owner or the latest mortgage to be lodged.

Both registries are managed by the Property Registration Authority and have offices in Dublin, Waterford and in Roscommon. Since most of Ireland gained independence in 1922, the registries have dealt with the land in the 26 counties of the Republic of Ireland (formerly the Irish Free State, 1922–37) only, the registers of land in Northern Ireland now being administered by the Land and Property Services in the Northern Ireland Department of Finance and Personnel.

Recording of title under recent legislative changes is now compulsory. Public access to the index and folios is limited to individuals who have an account with the Property Registration Authority, alternative sources of this information for the public is from Land Registry Ireland The Property Registration Authority in Ireland is connected to the European Land Information Service EULIS.