Registry of Deeds Procedures

• Original version: <a href='/vid/registry-of-deeds-procedures-907695923'>Registry of Deeds Procedures</a>

1. Introduction

1.1 Scope of Practice Direction

This Practice Direction encompasses the procedures to be followed where:

1. An application is made to register a deed in the Registry of Deeds, or
2. A requisition is received to carry out an official search in the Registry of Deeds.

1.2 Sections of the Act and Rules Applicable

• Registration of Deeds and Title Act 2006 “the Act of 2006”
• Sections 32 to 49 [Part 3] of the Act of 2006
• Section 8 Land and Conveyancing Law Reform Act 2009
• Registration of Deeds and Title Act 2006 (Commencement) Order 2008 [S.I. No. 1 of 2008.]
• Registry of Deeds [Fees Order] 2008 [S.I. No. 51 of 2008]
• Registration of Deeds Rules 2008 [S.I. No. 52 of 2008] “the 2008 Rules”
• Registration of Deeds Rules 2009 [S.I. No. 350 of 2009] “the 2009 Rules”
• Registration of Deeds (No. 2) Rules 2009 [S.I. No. 457 of 2009] “the 2009 (No. 2) Rules”
• Registration of Deeds Rules 2013 [S.I. No. 387 of 2013] “the 2013 Rules”

2. General

Pursuant to section 4 (1) of the Act of 2006 Act all the Acts under which the Registry of Deeds formerly operated are repealed and replaced with new provisions as set out in Part 3 of the Act of 2006 [Sections 32 to 49]. Part 3 of the Act of 2006 commences operation on the 1st May 2008 [S. I. No. 1 of 2008]. General rules for the Registry of Deeds commence operation on the 1st May 2008 [S.I. No. 52 of 2008]. Section 32(1) of the Act of 2006 provides a definition of “deed” and a list of documents which may be accepted for registration as deeds. This list is wider than the normal definition of a deed, i.e. a document under seal. Registration in the Registry of Deeds is voluntary and does not, of itself, give additional validity or force to the deed. The purpose of registration is to protect purchasers by enabling them to:

• search the records to be satisfied that there are no registered deeds ranking in priority to their proposed purchase and
• register their deed to obtain the statutory priority provided by the Act.

Registration gives statutory priority to the deed over other deeds affecting the same property that are either registered later or not registered at all.

3. The Application

The application must consist of the prescribed application form duly completed or sworn as appropriate, the original deed and the prescribed fee [where applicable]. The application form must be signed by the individual solicitor acting for the applicant. In the case of personal applications (i.e. applications by private individuals) the application must be made by way of the prescribed affidavit, except in the case of personal applications for registration of a Ground Rents Vesting Certificate [ROD Form 4 of the 2008 Rules]or registration of a Receipt [ROD Form 7 of the 2008 Rules] which may be signed by the applicant. On lodgement, each application is to be allocated a priority number. Fixed priority in order of lodgement must be maintained. In addition, the application form must contain the following:

1. name of deed
2. date of deed
3. all Grantors
4. all Grantees
5. a description of property (to include the County and Barony or the City, or Town, and Parish. The details given must be in deed).

4. The Deed

4.1. Registerable Deed A “registerable deed” means a document by which an estate or interest in land is created, transferred, charged or otherwise affected. Section 32 of the Act of 2006 [as amended by section 8 of the Land and Conveyancing Law Reform Act 2009] provides a non-exhaustive list of registerable “deeds”. This excludes any document affecting, or in so far as it affects, registered land. A lis pendens and a caution are not registerable in the Registry of Deeds. It may be presumed by the Authority that where an application is made for registration of a lease for a term not exceeding 21 years that the actual occupation is not in accordance with the lease. A lease of registered land executed on or after 26th May 2006 can only be registered in the Land Registry by virtue of section 58 of the Act of 2006.

4.2. Examination of Deed

The deed must be checked to ensure that it has been duly executed and that it identifies the relevant estate, right or interest in the property as unregistered, (without reference to a Land Registry Folio). However, a deed dealing with an unregistered estate, right or interest, which is carved out of registered land, should be accepted for registration. For example, an assignment of a lease, which is registered only as a burden on the Lessor’s Folio, may be presented for registration in the Registry of Deeds, notwithstanding that the assignment may refer to the Lessor’s Folio.

The deed must also be checked to ensure that the relevant stamp certificate is attached.

The Revenue Commissioners commenced the operation of an e-Stamping system on 30th December 2009 in accordance with the Stamp Duty (E-stamping of Instruments) Regulations 2009 (S.I. No. 476 of 2009)

Deeds (instruments) submitted for stamping on or after 30th December 2009 no longer bear a holographic stamp in relation to duty paid and Particulars Delivered. The stamp certificate, which is printed down and attached to the deed, has replaced the holographic stamp.

...