Registration of Land
Registry of Deeds (1707)
Land Registry
registering land
benefits of registering land
Priorities
overriding interests, s72 1964 act
aims
Conclusiveness
e-conveyancing
success of it
comparison with england and wales
registration of deeds and titles act 2006
established Property Registration Authority (PRA) who now manages both the Land Registry and Registry of Deeds
function to promote and extend land registry in Ireland - want 100% for eConveyancing
established
1892 - Local Registration of Title Act 1891 - origins of land registry- replaced by Registration of Title Act 1964
replaced by Registration of Title act 1964
further amendments by 2006 and 2009 act
purpose
secure system
makes transactions and conveyancing easier and more centralised
creates state guarantee
mirror principle
have all registered lands in single record that mirrors real ownership of the property
s31 - conclusive evidence of any right, privilege or burden unless subject to s72 interest
classes of title
absolute title- guranteed against interest not appearing, only to registered burdens under s69 and 72
qualified title - subject to rights of others
possessory title - can't provide documentary evidence, usually squatter
leasehold title - guarantee only of leasehold owners rights
system of voluntary registration to allow priorities
have all land registered in it
method
not forced to register
e-Conveyancing
when done folio contains everything you need, relieves purchaser of investigating
Mirror principle
majority of land in Ireland registered
why?
compulsory registration for some land under 1964 s23 - statutory authority compulsory purchased freehold and leaseholds, compulsory areas - higher in rural areas
compulsory registration now for any new transactions - Dublin and Cork last to do so in 2010
93% of land registered in Land Registry, remaining 7% dealt with be Registry of Deeds in contrast with 60% in HM land registry for England and Wales
England and Wales at 60% - still at forefront in Europe and actively encouraging registration
conclusive evidence of title unless s 72 interest
if suffer loss due to error get compensation from state
conclusive record of ownership arrangements in the land
the folio should mirror actual ownership and burden
an array of rights that do not need to be included e.g. estate duty, land improvement charges, right of public
s69 1964 act
burdens under s69, if registered binding
if not registered not protected
must have consent to register or can apply to court
e.g. register 3rd parties interests that don't give protection, incumberance on land, easement, charge, mortgage
override or bind purchaser even if not registered
crack in mirror principle - as may not be exact match
s72 declaraction
mechansim to avoid it
registered land owner declares there is no s72 interest in the land, if false still bound but may have right of action against vendor
actual occupation
if someone occupying property don't need to register it
bound by doctrine of notice unless interest holder misled purchaser
cases
Williams v Boland wifes equitable interest in registered property , in actual occupation, interest not registered, not in folio, husband signed declaration saying no one residing on land - held - bank should have looked
Friends Provident v Doherty actively misled bank, husband registered owner, wife in actual occupation, s 72 declaration signed, husband fell behind on mortgage payments, - court held - there was an overriding interest (actual occupation) but her conduct led to mortgagee to believe no interest in land and estopped from enforcing interest
average transaction time 22 weeks - too long
old process over 500 years to check
centralised system, can obtain real time info and new registrations happen instantly - easier for lenders, solicitors PRA
greater transparency, less disputes
first to register land gets priority
Registry of Deeds also relavent but need to do hand search if not in land registry
registering a deed gives person priority than those not registered
no state guarantee as state has no role
searches done by hand
if land unregistered priority goes to who registers first
Des Londres
if all interests capable of being registered
if no than equity applies
if yes
are any interests registered
if no than equity applies
if yes than 1707 rules apply
no registry of deeds equivalent in England and Wales
Land Registration System introduced in 1862, 30 years prior to Irish system - Land Registration Act 1862 vs Local Registration of Title Act 1891
Irelands Settled Lands Acts gave Ireland a boost particualrly in rural areas
when have all lands registered can move to e-conveyancing
umbrella organisation although keep Registry of Deeds and Land Registry very seperate
simplifies conveyancing for everyone - 1 system - relieves purchaser from investigations
land purchase acts - allowed land commission to take land belonging to state and transfer it to farmer farming the land
crack in the mirror
s31 1964 act - conclusive evidence of any right, privilege or burden unless s72 interest
important for eConveyancing
state compensation fund
compliments mirror principle
s72 declaration
no state guarantee if just registry of deeds