Each time the ownership of a property changes, a new deed of title is drawn up to record the change. The Property Registration Authority is responsible for two systems for recording property transactions. A title is the ownership of a property and a deed is a written document that affects property.
There are 2 separate systems for recording property transactions:
- The registration of title system (Land Registry) which provides a State-guaranteed title to property
- The registration of deeds system (Registry of Deeds) which records the existence of deeds and conveyances affecting property
A title is the ownership of a property and a deed is a written document that affects property.Both systems are mutually exclusive. After consulting with you we will be able to advise which of the two systems is relevant to your case. Both systems are under the control and management of the Property Registration Authority (PRA), an independent statutory body set up under the Registration of Deeds and Title Act 2006.
The Land Registry : Registration of title
When title or ownership is registered in the Land Registry, all relevant details about the property and its ownership are entered on documents known as folios. These form the registers maintained in the Land Registry.
Property that is registered at the Land Registry is known as registered land, as every transaction on a property is registered on a folio. The folio is guaranteed by the State to be a confirmed record of the title to the property that it refers to.
A folio is a document that:
- Describes the registered property
- Refers to a plan on the Registry maps
- Gives the name and address of the registered owner(s)
- Describes any burdens affecting the property, for example, rights of way or charges (mortgages)
You can use the folio to find out who has the title or ownership of a property, without having to read the original deeds.
The Land Registry also maintains maps or title plans of property described in the registers. These maps do not indicate whether a boundary includes a hedge, wall or ditch, so the registers are not conclusive on boundaries. Any dispute about boundaries must be resolved by the relevant parties. If they cannot reach agreement on the boudaries, the courts will resolve the matter.
You can search for a folio or title plan on landdirect.ie, or you can inspect a plain copy of a folio in the PRA’s public offices, which costs €5. You can also request a certified copy, which costs €40. If the property is not registered in the Land Registry it may have been dealt with by the Registry of Deeds.
Registration of Deeds system
The Registry of Deeds was established in 1708 to register and file memorials of deeds or transfers of unregistered land.
A memorial is a summary of the deed. It gives:
- The date
- The names and descriptions of all parties and all witnesses to the deed
- A description of the property affected by the deed
Since May 2008, memorials have been replaced by ROD application forms.
When a deed is lodged in the Registry of Deeds it is not filed there permanently, it is returned to the party who lodged it for registration. Instead a ROD application form (formerly a memorial) is filed. The new signed deed becomes the latest deed showing the ownership of the property, adding to a chain of deeds that go back to when the property was first registered.
Deeds that are recorded in the Registry of Deeds have a legal priority over unrecorded deeds and other deeds recorded later in time.
As the memorial or ROD application form is on public record at the Registry of Deeds, anyone can inspect it and see who owns the property. However, a purchaser of unregistered land must read the actual deeds to examine the title to the property.
Because the Registry of Deeds keeps a memorial or ROD application form summarising the change of ownership or mortgage, you can get a copy of this document to replace a lost or misplaced deed. A memorial or ROD application form does not have the same legal effect as a deed but provides secondary evidence of the contents of the deed. You can get a certified copy for €20 and a plain copy for €1 per page.
The Property Registration Authority has set up a property alert service to let property owners monitor their registered properties for fraudulent activity. Property fraud could involve someone pretending to be you, and trying to sell or mortgage your property without you knowing. If you sign up to the property alert service, you will get an email or text if someone lodges an application relating to your property with the PRA. If the activity is fraudulent you can take action if necessary. To find out more, or to sign up for the service, visit prai.ie.
This page contains Irish Public Sector Data licensed under a Creative Commons Attribution 4.0 International (CC BY 4.0) licence