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Unregistered Land

  • 30-07-2013 6:53pm
    #1
    shopgirl195
    Registered Users, Registered Users 2 Posts: 22 ✭


    Studying for a property exam, just looking to see if anyone can shed some light on the issue below. Not attempting to shortcut studying just stuck on this issue and hoping someone with conveyancing experience might have an idea.

    If title deeds are deposited with a bank as mortgage security and the agreement for the loan and security are referred to in a letter from the Bank to the mortgagor and the mortgagor was required to countersign could that letter be considered a deed for the purpose of section 32 of the Registration of Deeds and Title Act 2006?

    Any pointers would be really appreciated. Came across the issue as part of a larger problem question.

    Thanks


Comments

  • #2
    shopgirl195
    Registered Users, Registered Users 2 Posts: 22 ✭shopgirl195


    *Bump*

    If anyone has any light to shed on this it would be much appreciated!


  • #3
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    shopgirl195 wrote: »
    Studying for a property exam, just looking to see if anyone can shed some light on the issue below. Not attempting to shortcut studying just stuck on this issue and hoping someone with conveyancing experience might have an idea.

    If title deeds are deposited with a bank as mortgage security and the agreement for the loan and security are referred to in a letter from the Bank to the mortgagor and the mortgagor was required to countersign could that letter be considered a deed for the purpose of section 32 of the Registration of Deeds and Title Act 2006?

    Any pointers would be really appreciated. Came across the issue as part of a larger problem question.

    Thanks

    I'm just going to give you my opinion here, because nobody else has yet.

    I doubt it.

    From the section you quoted:
    " deed ” means a document by which an estate or interest in land is created, transferred, charged or otherwise affected and includes any of the following documents, whether under seal or not, affecting land:...

    The letter from the bank does not transfer, charge or otherwise affect land. It is the mortgage deed that charges the land. Therefore, it seems to me that this letter is not a deed, under that definition.

    I don't know how relevant this is to you, but whether or not it is a deed wouldn't be quite so important in practise, because I imagine that the bank would keep an important letter like that with the deeds anyway.


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