Can anyone order a property instrument?

summereire · 02-08-2011 05:09PM #1

In Northern Ireland you can order an instrument relating to property transactions even if you have no connection - I know this recently as I called to get one on behalf of an elderly friend, with them beside me in case authentication was needed, however the person said there was no need and any member of the public can get them.

Is it the same down here? I've read something that seems to say otherwise, but then how do you get your hands on the instruments of neighbours who claim they have this and that right over your land to verify it, or in cases when you're interested in buying a property but want to see details of easements etc first?

Maximilian · 02-08-2011 11:27PM

Generally the Land Registry won't give you a copy of an instrument unless you're the registered owner.

Even a Bank with a charge registered on the land is only entitled to a copy of the instrument creating that charge, nothing else.

Hippo · 03-08-2011 08:50AM

Generally a copy of an instrument may only be obtained by the registered owner of the property, but other interested parties may be able to obtain a copy, you'll have to fill out a form explaining the necessity of your inspection. Contact them directly, they're pretty helpful:

http://www.prai.ie/eng/About_Us/Frequently_Asked_Questions/Land_Registry_FAQs1.html#Q3

You can also inspect a copy of a neighbour's folio, which doesn't require any special permission. This should contain a bare description of any registered rights of way etc. Again see above.

summereire · 03-08-2011 09:50AM

Thanks guys, that's great.

In practice how does it work then, say when you want to buy a property, do you need to first get a copy of the instrument from the seller? Basically I'm thinking of making an offer for a little piece adjoining ours and not sure if I want to unless I'm clear on the conditions attached!

In NI you just get the instrument and read it, and idea what the criteria are here for the land registry offering special permission?

Hippo · 03-08-2011 03:20PM

Your solicitor should be able to obtain a copy of the neighbour's folio, provided the land is registered. If the land is unregistered details will be held in the Registry of Deeds, which is a much trickier proposition because such land is not indexed by address, just by name of last seller and county.

Try the Land Registry first as most land is registered, just call in and give them the address, or alternatively identify the piece of land on their mapping system.

summereire · 04-08-2011 08:47AM

Great thanks. Yes, I can get the folio, but the folio just says that the property is subject to conditions in an instrument. I'm just not sure why they are secret down here and publicly available up North, adds an extra layer of complexity.

Hippo · 04-08-2011 10:19AM

Price information is available in the UK through the Land Registry there; it's not (yet) here so I'm assuming the thinking is that the instrument (which is usually just a big bundle of documents) could contain sensitive information that might not necessarily be considered to be in the public domain. Them's the rules anyway.

Can anyone order a property instrument?

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