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The Brief
15.05.2008
Compulsory Registration Extended
Property titles in Clare, Kilkenny, Sligo, Louth, Wicklow and Wexford will become subject to compulsory registration in the Land Registry with effect from 1st October 2008.
The Registration of Title Act 1964 provides for compulsory registration of certain titles. Previously Carlow, Laois and Meath were subject to compulsory registration. Statutory instrument number 81 of 2008 now extends this to counties Clare, Kilkenny, Louth, Sligo, Wexford and Wicklow with effect from the 1st October 2008.
The effect of this is that any property which is currently a title registered in the Registry of Deeds will have to be registered in the Land Registry, in the case of freehold land on conveyance on sale and in the case of leasehold on the grant or assignment on sale of such interest.
Conveyance on sale and assignment on sale are defined in the 1964 Act and it mean an instrument or deed made on sale for money or monies worth the effect of which is that ownership transfers and the new owner is in a position to make an application to be registered as owner of that property. It includes obviously where property is bought and sold for money but also where land is exchanged for other land. The obligation does not apply to mortgages which do not fall within the definition of a conveyance for sale.
From 1st October if you are buying a property in any of these counties which is a title registered in the Registry of Deeds title (commonly known as an unregistered title) the deed giving ownership to you will no longer be registered in the Registry of Deeds but will have to be registered in the Land Registry. There are forms available for this first registration application and M.J O’Connor will assist you in your application.
For further information please contact Catherine O’Connor of our commercial property department and Wendy Smith of our residential property department.
The Registration of Title Act 1964 provides for compulsory registration of certain titles. Previously Carlow, Laois and Meath were subject to compulsory registration. Statutory instrument number 81 of 2008 now extends this to counties Clare, Kilkenny, Louth, Sligo, Wexford and Wicklow with effect from the 1st October 2008.
The effect of this is that any property which is currently a title registered in the Registry of Deeds will have to be registered in the Land Registry, in the case of freehold land on conveyance on sale and in the case of leasehold on the grant or assignment on sale of such interest.
Conveyance on sale and assignment on sale are defined in the 1964 Act and it mean an instrument or deed made on sale for money or monies worth the effect of which is that ownership transfers and the new owner is in a position to make an application to be registered as owner of that property. It includes obviously where property is bought and sold for money but also where land is exchanged for other land. The obligation does not apply to mortgages which do not fall within the definition of a conveyance for sale.
From 1st October if you are buying a property in any of these counties which is a title registered in the Registry of Deeds title (commonly known as an unregistered title) the deed giving ownership to you will no longer be registered in the Registry of Deeds but will have to be registered in the Land Registry. There are forms available for this first registration application and M.J O’Connor will assist you in your application.
For further information please contact Catherine O’Connor of our commercial property department and Wendy Smith of our residential property department.
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