Background

There are two mutually exclusive systems for registering title in Ireland, the Registry of Deeds and the Land Registry, and both are now controlled and managed by the Property Registration Authority. Confusingly, land registered in the Registry of Deeds is stated to have "unregistered title" with land registered in the Land Registry having "registered title".

The most notable advantages of registering title in the Land Registry are:

  1. the title shown on the register is guaranteed by the State. The Land Registry must indemnify any person who suffers a loss due to any registration mistake it makes. In contrast, solicitors must read title deeds to establish title to unregistered land and the expertise of the solicitor is relied upon in this respect.
  2. the title is identified by reference to a map. It is not unknown for unregistered land to have no maps with the title deeds, particularly where urban addresses are thought to sufficiently identify a property.
  3. the register is now maintained electronically and is available online. This allows instant access to certain title information and facilitates on-line searching and application filing.

What is compulsory registration?

Compulsory registration is a legal requirement to register title to land in the Land Registry.

Title to land is compulsorily registrable if acquired under specific legislation, or if acquired by a statutory authority after 1 January 1967, or if the land is located in a specific area when purchased.

Where land is compulsorily registrable, title to it must be registered in the Land Registry within six months of acquisition in accordance with the Land Registry Rules.

Why is compulsory registration so topical?

The extension of compulsory registration reflects an ongoing policy on the part of successive governments to move land registration away from the limited Registry of Deeds system and towards registered title and ultimately wholly electronic conveyancing. The acceleration of compulsory registration in recent years results from the recognition by government that an efficient property registration system contributes to economic progress and competitiveness.

Prior to 2006 the only areas designated where titles to land were compulsorily registrable were the counties of Carlow, Laois and Meath. Since then, compulsory registration has been extended to all counties in the State, to include, as and from 1 June 2011, Dublin and Cork.

How does compulsory registration affect property transactions?

Compulsory registration for all counties means that as and from 1 June 2011, where "unregistered" land is purchased (and, in some cases, leases are entered into) the purchaser's solicitor must make an application to the Land Registry for first registration of that "unregistered" land within six months of acquisition in accordance with Land Registry rules. The Land Registry must investigate the title, be satisfied with the application map and is likely to ask the purchaser's solicitor for updated searches against the property and the purchaser prior to the registration being completed.

For the seller of the "unregistered" property:

  1. he/she must give the purchaser a map of the property that complies with Land Registry rules; and
  2. he/she is likely to be asked to give the purchaser an undertaking to, within two years of completing the sale and at the cost of the purchaser, provide any additional information which the seller is reasonably able to supply and to produce any documents in his/her possession that may be required to effect first registration.

The purchaser might also ask the seller to have the map pre-approved by the Land Registry to ensure no registration delays arise due to mapping issues. This is a relatively quick and straightforward procedure attracting a nominal Land Registry fee. It should noted that complex buildings such as multi-unit residential or commercial developments will require detailed maps which can take some time to develop and agree with the Land Registry.

What are the implications of failing to register compulsorily registrable title in the Land Registry?

Until registration is complete, the purchaser does not have legal title to the property. This will affect dealings with the property such as future sales and offering the property as security. However, once registered, the purchaser is deemed to have acquired legal title from the date of its purchase deed as opposed to the date of actual registration. Accordingly the solicitor's role in a purchase of unregistered land now extends to the registration of that title which can unfortunately take some considerable time to be dealt with by the Land Registry.

This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.