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Can anyone explain to me some simple property law...

  • 11-12-2017 11:16pm
    #1
    Registered Users, Registered Users 2 Posts: 71 ✭✭


    In Lehman's terms haha.

    I'm trying to do some research into my family home.

    I come to this website for advice for everything so I'm just asking can anyone explain to me

    if a piece of land is a freehold on the title level, and if a piece of land is unregistered, what does that exactly mean?

    TIA


Comments

  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    neveah123 wrote: »
    In Lehman's terms haha.

    I'm trying to do some research into my family home.

    I come to this website for advice for everything so I'm just asking can anyone explain to me

    if a piece of land is a freehold on the title level, and if a piece of land is unregistered, what does that exactly mean?

    TIA

    Unregistered can be misleading really.
    That would mean that it's not registered with land registry which is quite common however it would be recorded with registry of deeds and as such a legitimate record of ownership would exist. Any new property transfers for the last number of years must be registered with land registry who will then produce a folio with map identifying the property.


  • Registered Users, Registered Users 2 Posts: 71 ✭✭neveah123


    mickdw wrote: »
    Unregistered can be misleading really.
    That would mean that it's not registered with land registry which is quite common however it would be recorded with registry of deeds and as such a legitimate record of ownership would exist. Any new property transfers for the last number of years must be registered with land registry who will then produce a folio with map identifying the property.

    thank you so much for your reply!
    what's a folio? is it a collection of info about the property?
    and how do i access registry of deeds info,
    im sure i was told by a family member they contacted the reg of deeds and there was no deed in existence.

    on landregistry.ie the properties all around me are the same as the one in question, but i wouldn't ask the neighbors i find it may be too personal to ask.

    so does freehold mean they own the land?


  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    neveah123 wrote: »
    thank you so much for your reply!
    what's a folio? is it a collection of info about the property?
    and how do i access registry of deeds info,
    im sure i was told by a family member they contacted the reg of deeds and there was no deed in existence.

    on landregistry.ie the properties all around me are the same as the one in question, but i wouldn't ask the neighbors i find it may be too personal to ask.

    so does freehold mean they own the land?

    I'm not a legal person but I am an Engineer who does an amount of mapping relating to registering land etc.
    I would describe a folio as the record of ownership. A plot of registered land will have a folio number and a document describing who the owner is, any borrowing against the land, any other burdens of the property etc together with a map outlining the extent of the property.
    Where did you get the info re freehold if no record in registry of deeds?
    On land direct.ie, registered land is outline red and dotted red all over. You can click on a registered plot and get various info free or including ownership for a 5 euro fee.
    Unregistered lands I believe you would have to get in touch with registry of deeds. I don't know anything about registry of deeds to be honest, a solicitor might be best bet there.
    When you mentioned freehold, I assumed there must be some ownership info.


  • Closed Accounts Posts: 1,575 ✭✭✭Indricotherium


    mickdw wrote: »
    I'm not a legal person but I am an Engineer who does an amount of mapping relating to registering land etc.
    I would describe a folio as the record of ownership. A plot of registered land will have a folio number and a document describing who the owner is, any borrowing against the land, any other burdens of the property etc together with a map outlining the extent of the property.
    Where did you get the info re freehold if no record in registry of deeds?
    On land direct.ie, registered land is outline red and dotted red all over. You can click on a registered plot and get various info free or including ownership for a 5 euro fee.
    Unregistered lands I believe you would have to get in touch with registry of deeds. I don't know anything about registry of deeds to be honest, a solicitor might be best bet there.
    When you mentioned freehold, I assumed there must be some ownership info.

    What does that map look like?

    Does it have all adjoining properties on it and is it easy to discern where one ends and another begins?


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    What does that map look like?

    Does it have all adjoining properties on it and is it easy to discern where one ends and another begins?
    Depends on how good you are at reading a map. But in general, yeah, the main point of the map is to identify the boundaries of the property, so they will be shown. Adjoining land will be shown on the map but there may be no information as to title, boundaries of neighbouring properties, etc if the adjoining land is unregistered.


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  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Hi there.

    In layman terms;

    Ownership

    Freehold= Full Owner.
    Leasehold= Lease Holder
    Licencee= Person there with permission of the owner
    Squatter= Person there without permission of the owner.

    Transferring Land

    Freehold= Conveyance
    Leasehold= Lease
    Licencee= Licence
    Squatter= Not possible

    Types of Registration in Land Registry (Registered Title)

    Freehold = Folio (It's like a car reg. County First and Last Letter and then Digits example KY12345
    Leasehold= Folio (but they put an L after it) example KY12345L

    If not registered in the Land Registry (Unregistered Title)

    Ownership of Land is covered by Deeds. This is a generic term for the above documents of ownership. Deeds were registered in the Registry of Deeds. This was a mechanism to file a copy in case you lost the originals subsequently. When the Land Registry came into being and you registered Title they would double check your title and issue you with a Folio. The Folio is conculsive evidence of Title and makes Deeds largely redundant.

    If you are trying to research your own family home go to Landdirect.ie and have a look at the map for your area.

    It will show you if the title is registered or unregistered and the Folio Number. You can then take up a copy with a map for a fee of €40.


  • Closed Accounts Posts: 1,575 ✭✭✭Indricotherium


    Peregrinus wrote: »
    Depends on how good you are at reading a map. But in general, yeah, the main point of the map is to identify the boundaries of the property, so they will be shown. Adjoining land will be shown on the map but there may be no information as to title, boundaries of neighbouring properties, etc if the adjoining land is unregistered.

    Thanks!

    If there was some dispute as to where the boundary lay, the folio map would be accurate enough to work out the boundary?


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Folio maps are not conclusive, and you can always challenge the accuracy of the folio map, arguing that it doesn't correctly show the boundary of the property. You'd need some actual evidence that the map was incorrect, though; it's not enough simply that you don't like where the folio map shows the boundary to be.


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