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Register of deeds and Land Registry conflicts

  • 29-08-2012 8:20pm
    #1
    wazzoraybelle
    Registered Users, Registered Users 2 Posts: 659 ✭✭✭


    Hi,

    I'm wondering if there has ever been legal cases where 2 people have deeds to the same property, 1 with the register of deeds and the other with the land registry, and where I might find transcripts.

    would it be correct to say that the earlier deed would be the successful one?

    Thanks,

    Wazzo.


Comments

  • #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    wazzoraybelle wrote: »
    Hi,

    I'm wondering if there has ever been legal cases where 2 people have deeds to the same property, 1 with the register of deeds and the other with the land registry, and where I might find transcripts.

    would it be correct to say that the earlier deed would be the successful one?

    Thanks,

    Wazzo.

    You wouldn't find a transcript per se but written judgments can be found on bailii.org - As for tracking down something to search on is beyond my (rather poor) legal research skills. Do you have access to any academic sources?

    EDIT: Sorry I did try and have a look at the couple of books I have here but it's way over my head!


  • #3
    wazzoraybelle
    Registered Users, Registered Users 2 Posts: 659 ✭✭✭wazzoraybelle


    cheers, no access to any papers though.


  • #4
    littlemac1980
    Registered Users, Registered Users 2 Posts: 1,073 ✭✭✭littlemac1980


    wazzoraybelle wrote: »
    Hi,

    I'm wondering if there has ever been legal cases where 2 people have deeds to the same property, 1 with the register of deeds and the other with the land registry, and where I might find transcripts.

    would it be correct to say that the earlier deed would be the successful one?

    Thanks,

    Wazzo.

    No, I don't think you'ld be correct if you said that.

    Apart from a situation where the person who is registered in the LR as absolute owner (assuming its absolute ownership we're talking about), recognises and admits that there is some error, and they are not actually the owner, I can't think of any situation where the existence of a prior deed would have any bearing on the title to the property.

    Perhaps someone else might come up with a scenario that I can't think of.


  • #5
    Gamrab1974
    Registered Users, Registered Users 2 Posts: 15 ✭Gamrab1974


    Land Registry boundaries are not definitive. There have been cases where a plot of land was registered in both the Land Reg and ROD. As Land Reg not definive as to boundaries, the ROD title wins.

    See Tomkins Estates Ltd v O'Callaghan 16 March 1995 McCracken J.


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