We own a property that has being going through the mill between solicitors and the Land Registry for the past few years. Following a sale in 2013 (between the two original owners, one to the other), the purchasing solicitor at the time did not register the property properly – there was some back and forth with maps and then the process stopped. This came to light when we were informed that the solicitor’s firm had closed and the law library notified us to say they had all the house files.
A new solicitor (who we still have) has been involved in applying to the Land Registry. They discovered the house deeds had been misplaced by the previous solicitor, so new deeds had to be created, maps had to be recreated, and the actual 2013 sale had to be reconfirmed. The whole shebang then went back to the Land Registry. Our current solicitor has advised that as a previous application to the Land Registry failed, this new one requires an inspector to be allocated and thus we can expect the process to take another two years.
In your experience, is this an accurate reflection of what seems like extreme bureaucratic quagmire and lengthy timelines? It is extremely frustrating, as you can imagine, when we are trying to sell a house, that would be snapped up in seconds on the local property market.
I understand your frustration, especially when you’re effectively ready to sell but trapped in what can be described as an administrative mess.
RM Block
Tailte Éireann, formerly known as the Property Registration Authority, was established to manage the Land Registry and the Registry of Deeds, which are two separate entities.
The Land Registry provides a State-guaranteed, digital record of property ownership. It records the title (ownership) itself and is a State-guaranteed title system. When property has a folio, this is proof of ownership. You don’t need to rely on a bundle of deeds.
The Registry of Deeds is effectively a recording system. It registers deeds, not ownership. It is not a guarantee of legal title. Solicitors often refer to Registry of Deeds title as “unregistered” title and sometimes when clients hear this, they often become concerned that their title is in some way defective. This is not the case. Registry of Deeds or “unregistered” title just requires one to be more cautious when investigating the title.
You state that “maps had to be recreated”. I am assuming that this is a Registry of Deeds or “unregistered” property. If it had been registered in the Land Registry it would have a folio number and a map or file plan would be in existence.
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Compulsory first registration has been introduced incrementally in the State However, since 2013 all properties sold for monetary consideration are now subject to first registration. The goal is that eventually every property in the Republic will have a folio number. When you say that “the solicitor did not register the property correctly”, we expect that this is what you mean. If the property was sold in 2013 for a monetary value, then it should have been registered with the Land Registry and given a folio number.
If the 2013 transfer was never correctly registered, then Tailte Éireann is effectively treating this as a first registration, which is one of the slowest applications to go through Tailte Éireann.
An examiner of title may be required for the more complex cases of first registration.
Notwithstanding the above, and even without any hitches, conveyancing transactions and subsequent applications for registration to Tailte Éireann can take some time to process.
One of the primary reasons for this is due to the paper-heavy conveyancing process we have in the Republic compared to other jurisdictions.
While it does not always succeed, it may be worth formally requesting Tailte Éireann to expedite your application should you accept an offer for the property, and it goes sale agreed.
Given that it appears your application has been lodged with Tailte Éireann, it looks like your solicitor was able to reconstruct the chain of title. Therefore, should the property go sale agreed your solicitor will likely be able to issue contracts so that the transaction is not at a complete standstill.
There is a recent Law Society Conveyancing Committee practice direction that may provide your solicitor with some guidance.
Your current solicitor’s timeline for the completion of the registration is not unrealistic given the situation you have outlined.
Dean Carney, is a solicitor in P O’Connor & Son solicitors
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