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First Registration

First Registration essentially means entering in the registrar for the first time title to lands which were previously unregistered. In Ireland there are two forms of registration i.e. Registration of Deeds and Registration of Title.

With regard to the Registry of Deeds any document relating to land maybe registered. The function of the Registry of Deeds is to provide a system of recording the existence of Deeds and Conveyances affecting unregistered property.

With regard to the Registration of Title, this means that the Title has been registered in The Property Registration Authority (formerly the Land Registry). When titles are accepted for registration in The Property Registration Authority, the original Title Documents are retained and permanently filed. A folio is opened up in respect of the property with a map outlining the property and which is attached to the folio. The title which is shown on the folio is guaranteed by the State who are bound to indemnify any person who suffers loss through a mistake made by The Property Registration Authority.

It is compulsory to register property in The Property Registration Authority in the following cases:-

1.Land bought under the Land Purchase Acts.
2.Land acquired after the 1st January 1967 by a Statutory Authority.
3.Lands sold in the following counties, Carlow, Meath, Laois, Westmeath, Longford, Roscommon, Clare, Kilkenny, Louth, Sligo, Wexford, Wicklow, Cavan, Donegal, Galway, Kerry, Kildare, Leitrim, Limerick, Mayo, Monaghan, North Tipperary, Offaly, South Tipperary and Waterford, (Galway City, Limerick City and Waterford City.

Compulsory registration for the counties Cork and Dublin have not been extended as of yet. It should be noted that approximately 90% of the land in Ireland is registered with The Property Registration Authority which represents 85% of Title.

The primary function of the Registry of Deeds 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.

Nowadays applications for first registration of titles are more straight forward than they were in the past. There are different applications for first registration such as applications for registration of freehold titles based on documentary titles, first registrations based on adverse possession etc.

Applications for first registrations can be made by applicants themselves however it is recommended that legal advice be sought in the preparation of applications for first registrations.

Seeking Property Law Advice
For further information and advice regarding your legal rights and entitlements, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. Your enquiry will be forwarded to a solicitor who specialises in Property Law.

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