#5852 - Land Registration - Irish Land Law

Land Registration

• Registration of Deeds (Ireland) Act 1707 allowed an estate or interest created by a registered deed to take priority over a written disposition or conveyance which had not been registered or registered later than the original.

• The Local Registration of Title (Ireland) Act 1891 established the first comprehensive land registration of title system in Ireland – certain (though not all) burdens had to be registered in order to bind the land and all subsequent transfers had to be recorded on the register. Most land on the register was noted as 'subject to equities' which diminished its usefulness.

• The present system is based on the Registration of Title Act 1964 as amended by the Registration of Title (Amendment) Act 1997 and Registration of Deeds and Title Act 2006.

Compulsory Registration

• s.23 of the 1964 Act requires registration where the land is sold and conveyed to or vested in any person under the Land Purchase Acts, where it is acquired by a statutory authority after the commencement of the 1964 Act.

• s.24 allows the Minister for Justice to make an order designating a county or county borough as a compulsory registration area in certain circumstances:

• freehold land: upon a conveyance on sale

• leasehold interest: upon grant or assignment on sale

• Compulsory Registration of Ownership (Carlow, Laoighis and Meath) Order 1969

• s.25 precludes a person entitled under a conveyance on a sale of freehold etc, shall not acquire the estate or interest purportedly transferred unless he is registered as the owner within six months after the conveyance (extensions may be granted by the authority or, if he refuses, a court)

Registers

• s. 8 Three distinct registers concerning the ownership of land:

• register of freehold land

• register of leasehold interests

• register of the ownership of incorporeal hereditaments held in gross (profits à prendre etc) those not held in gross are registered against freehold or leasehold interests

• s.31 the register is conclusive evidence of the landowner's title and any right, privilege, appurtenance or burden as it appears on the register – the doctrine of notice does not apply, only in the absence of actual fraud will the registered title be affected by notice of a deed, document or matter relating to the land. In the case of fraud or mistake the court can order rectification on what terms it considers just.

• Where an error originating int the Land Registry, out of misstatement etc. arises in registration s.32 as amended by by s.55 of the 2006 Act, allows the Property Registration Authority to A) with the consent of parties interested in the land, grant such rectification as is agreed to in writing by the parties or B) where they are satisfied that rectification can effected without loss to person, rectify the error after giving such notices to the parties. Also the court may order rectification on terms which it sees as just where it is satisfied that this can be accomplished without injustice to any person.

Folio

• Each register contains separate folios which record the title to each land, interest or hereditament.

• These folios identify the land by reference to the registry map, set out its boundaries, state the name address of the person or persons entitled to it and set out any charges and burdens on the land.

Maps

• s.84 Land is indicated on an ordinance survey map

• s.85 the description of the land on the register or the map is not conclusive as to the boundaries or extent of the land.

• s.86 the authority may state that such boundaries are conclusive in cases where a conveyance executed pursuant to statutory powers concerning landed or incumbered estates or by the Land Commission under the Land Purchase Acts has ascertained or defined the boundaries of the land, then the Authority may declare the register to be conclusive in this regard.

• s.87 adjoining landowners may apply to have an entry on the register regarding the boundaries between their respective lands made conclusive as between them and their successors in title

• s.88 Where part of a plot of registered land is transferred the boundary may be entered by the Authority as conclusive.

Co-Owners

• s.91(1) allows a co-owner to have his undivided share indicated on the register.

• s. 91(2) provides that that where two or more people are registered as owners they shall be considered joint tenants unless there is an indication that they are tenants in common.

Trusts

• s.92(1) precludes entry of notice of trust on the register.

• Those who have a beneficial interest in registered land shall have a cause of action against the trustees but not a purchaser for value – trustees duties on freehold (37(4)) and leasehold (44(4)) are unaffected by registration.

Settled Land

• s.27 A person entitled to a fee simple may be registered as the full owner of freehold land, while a person who holds land under a settlement can be registered as a limited owner.

• s.37(2) An estate in fee simple shall vest in the person so registered (they represent all the people to whom the land will go in remainder)

• s. 44(2) Same applies to leasehold interests

• s.99 (1) When they are registered as a limited owner under a settlement, the names of the trustees of the settlement, if any, should be entered on the register.

Classes of Freehold Title

• s.37 Absolute title: a fee simple with all implied or express rights, privileges and appurtenances.

• s. 39 Qualified title: same as absolute title save where rights are qualified

• s. 38 Possessory title: does not affect any right which is adverse to or in derogation of that title – it merely establishes that he has possession.

Classes of Leasehold Title

• s.40 Consist of absolute, good, qualified or possessory

• s. 44 Absolute: the person has a title to both the leasehold interest and the freehold estate as well as any intermediate leashold interest that might exist

• s.46 & 47 Possessory and qualified are the same as with freehold

• s.45 Good leasehold title: same as absolute except that it does not affect or prejudice third party rights in respect of the title of the lessor to grant the lease.

Elevation of Classification

• s. 50 A qualified, possessory or good leasehold title can be elevated by the Authority acting of its own accord or at the application of the registered owner or somebody else who is entitled to the land.

Adverse Possession

• s. 49 The Statute of Limitations applies to registered land in a similar way to unregistered land.

• (2) A squatter who has obtained title by adverse possession can apply to have the land registered in his name.

• (3) The extinguishment of the owner's title only happens when the land is registered in the squatter's name.

Transmission of Registered Land

• s. 61 (1) Where land is the subject of a settlement, when one person's interest ends, the person next entitled may be registered as full or limited owner, as appropriate.

• s. 61 (2) Upon the death of somebody with an interest in the land the Authority will recognise the deceased's personal representatives as the only persons with rights in respect of the land and all dispositions made by them will take effect as if they had been made by the deceased.

• s. 61 (3) As inserted by Succession Act 1965 allows persons entitled to land on the death of the registered owner may be registered provided that an assent or transfer from the personal representatibes is produced – the Authority is entitled to assume that this assent or transfer was correctly given.

Transfer of Registered Land

• s.51 (2) Registered land requires a deed of conveyance to be transferred, but it will not change ownership until the new owner is registered.

• s. 52 (1) & 55(1) Upon being registered the relevant freehold or leasehold estate will vest in the person so registered.

• s. 51 (3) The Authority is bound to give the person registered a land certificate upon registration.

• s. 52(2) & 55(2) Where the transfer is not supported by good consideration, the freehold estate or leasehold interest vesting in the registered person is subject to all the unregistered burdens which bound the transferor.

• s.123(1) A transfer of freehold land containing no words or limitation is deemed to transfer the whole interest which the tranferor had power to tranfer unless a contrary intention is shown.

Registered Burdens

• s. 69 List of registrable burdens

• charge on the land duy created after first registration

• fee farm rents/rentcharges

• vendor's liens for unpaid purchase money

• leases for terms exceeding 21 years

• judgment mortgages and lis pendens

• easements and profits à prendre created by express grant or reservation after first registration

• restrictive covenants

• rights of residence

• s. 74 In the absence of an entry to the contrary on the register, registered burdens which, if unregistered, would rank in priority according to their date of creation, rank according to their date of entry onto the register.

Overriding Interests

• s. 72(1) Allows certain burdens to affect registered land without their being registered.

• annuities or rentcharges for repaying moneys advanced under the Land Purchase Acts

• Public Rights

• Customary rights

• easements and profits à prendre not created after first registration or by express grant

• leasehold interests under 21 years where there is occupation under the tenancy

• the rights of every person in actual occupation or in receipt of the rents and profits, except where upon inquiry made of such person the rights are not disclosed

• Hunt v Luck (CA)...