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Land Registration Notes

This is a sample of our (approximately) 5 page long Land Registration notes, which we sell as part of the Irish Land Law Notes collection, a 2.2 package written at Trinity College Dublin in 2008 that contains (approximately) 51 page of notes across 12 different document.

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Land Registration Revision

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Land Registration

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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

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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 a
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.

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