No deeds for land

Brussels Sprout

What recourse would someone have if they purchased a plot of land in the 1970's but were never given the deeds for it? I've heard something about a land register that could be followed up but don't know much about it.

nuac

It would take me too long to cover all the points in a reply.

If you have used and occupied the land, see a solicitor.

If you haven;t, and someone else has, problems arise

Brussels Sprout

The land is unused and unoccupied

If one were to get the address can they prove ownership through the land registry?

Brussels Sprout

13. What is the difference between the Land Registry and the Registry of Deeds?
There are two separate systems for recording transactions in relation to property in Ireland:

• The Registry of Deeds system operated by the Registry of Deeds.
• The Registration of Title system operated by the Land Registry.

Both systems are under the control and management of the Property Registration Authority. The two systems are mutually exclusive in the sense that in a particular transaction relating to land the title will be either:
• “unregistered” (i.e. the title is not yet registered in the Land Registry and so the Registry of Deeds system applies) or
• “registered” (i.e. the title has been registered in the Land Registry and so the Registry of Deeds system is irrelevant).
Approximately 93% of the land in Ireland is registered which represents almost 90% of titles. The primary function of the Registry of Deeds system is to provide a system of recording the existence of deeds and conveyances affecting unregistered property. A failure to register may result in that document losing priority to a subsequent document which is registered. A search in the Registry of Deeds will disclose only whether documents have been executed dealing with the land in question – to discover the effect of these documents the documents themselves (which are not retained by the Registry of Deeds) will have to be examined.
When a title is accepted for registration in the Land Registry the original title documents are retained and permanently filed. A folio is opened in respect of the property and generally it is not necessary to refer to the original title documents again. A certified copy of this folio can be obtained with or without a copy of the map outlining the property.
The title shown on the folio is guaranteed by the State which is bound to indemnify any person who suffers loss through a mistake made by the Land Registry. A purchaser can, therefore, accept the folio as evidence of title without having to read the relevant deeds.

link-PRAI website


From the bolded bit above is it fair to say that most property owners don't possess deeds as they land register in a way supersedes them?

dermot_sheehan

You might be able to apply for a first registration, or indeed the land may have always been registered in which case the folio would have been updated upon purchase.

This is a matter you should go to a solicitor with who can see what documentation you have and investigate the title.

An internet forum cannot substituted for this.

Brussels Sprout

I've just sent off an application with the county and the name of the potential title holder to see if they are on the register. That website is very helpful. Only cost E2.50 as well!