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Review of Irish Property Ownership

Date:


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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