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Solicitor Did Not Register Property on Land Registry

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  • 29-06-2020 10:53am
    #1
    schillaci1990
    Registered Users Posts: 2 ✭


    I asked a variation of this question on the legal advice forum but I might find someone with experience of this here.
    I bought an apartment in Dublin in 2013. The solicitor who dealt with the transaction passed away in 2015. He had said that he would register the property but this week I was contacted by the solicitor who took over his practice to inform me that the sale was not registered on the land registry.
    Has anyone ever experienced this before and, if so, was it difficult (or expensive!) to sort out? The mortgage is cleared and I have the deeds but if my partner and I wish to sell will it be a hindrance?


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    #2
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    schillaci1990 wrote: »
    I asked a variation of this question on the legal advice forum but I might find someone with experience of this here.
    I bought an apartment in Dublin in 2013. The solicitor who dealt with the transaction passed away in 2015. He had said that he would register the property but this week I was contacted by the solicitor who took over his practice to inform me that the sale was not registered on the land registry.
    Has anyone ever experienced this before and, if so, was it difficult (or expensive!) to sort out? The mortgage is cleared and I have the deeds but if my partner and I wish to sell will it be a hindrance?

    You can have it registered if you have the paperwork. You will need to have it registered if you want to sell. You may be able to get compensation from the Law Society fund if you are out of pocket as a result. There is a charge for first registration in the Land registry of several hundred euro and there may be a charge by the new solicitor for professional work. There are a number of variables such as whether you have an original stamped lease etc and what state the management company is in.


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    #3
    Dolbhad
    Registered Users Posts: 782 ✭✭✭Dolbhad


    It is the the property is registered in your name in the Registry of Deeds but that it was never converted into the Land Registry? Or that it was never registered in either system?

    If it’s the latter you’ll need to at least registry it in your name as soon as possible in registry of deeds.

    Since 2010-2012 (depending where the house) compulsory registration in land registry came in so you are obliged to register it in land registry. However I wouldn’t expect it to be a problem if you had to sell it in the morning. The purchaser would do the registration. They might kick up a fuss at the start but could get it over the line.

    Your new solicitor would have to review the title and ensure it’s in order as they would be confirming the legal title is in order to land registry so I would expect you to have fees on top of outlay to do that. But if you paid your previous solicitor to do this, you should be able to claim it off the law society.


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