Irish BCL Notes > Trinity College Dublin Irish BCL Notes > Irish Land Law Notes

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 pages of notes across 12 different documents.

Learn more about our Irish Land Law Notes

The original file is a 'Word (Docx)' whilst this sample is a 'PDF' representation of said file. This means that the formatting here may have errors. The original document you'll receive on purchase should have more polished formatting.

Land Registration Revision

The following is a plain text extract of the PDF sample above, taken from our Irish Land Law Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.

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.

****************************End Of Sample*****************************

Buy the full version of these notes or essay plans and more in our Irish Land Law Notes.