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Land law had previously attracted much criticism for its use
of archaic terminology, its use of convoluted legalese and
reliance on cases and laws dating from Dickensian times. The
Land Registry however has as its goal to simplify the process
for more people to understand the workings of the system.
The chief goal of the Land Registry is to ensure that the
Irish State will have a complete and conclusive land register
of all owners of property in the country. This register of
title is essentially a list of owners of land and of the mortgages
(if any) which a financial institution may hold over them.
There will also be a map which will show the boundaries of
the property. This statement of title is deemed to be conclusive
as it is State-guaranteed.
At present, approximately 90% of the landmass of the country
and over 85% of titles are registered in the Land Registry.
The remaining titles to the properties in Ireland remain outside
the realm of the Land Registry and have been known to be sometimes
quite problematic.
As there have been so many new developments in the country
and consequently so many first time buyers, there has been
a remarkable upsurge in the number of new properties to be
registered. Much of this development has occurred on green-field
sites, and therefore any new owners of the properties built
there will be registering their interests for the first time.
The Land Registry has realised the need for simplifying the
registration of ownership process and to this end, the Registration
of Deeds and Title Act 2006, was passed on 05/05/06.
Its chief aim is to update the law to accommodate for modern
conditions, which will give access to the registration system
to more landowners. It also seeks to simplify much of the
ancient laws to make it the transfer of ownership in land
more easily understood and accessible. Much thought and consideration
has gone into the process of registration in an effort to
expedite applications and reduce associated costs. However,
the ultimate challenge facing the Land Registry is undoubtedly
to facilitate the introduction of e-Conveyancing of land as
soon as possible, that is the electronic registration online
of land ownership. The Act of 2006 is paving the route for
that process to start.
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