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Can you put a "lock" on your Land Registry Folio

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  • 19-04-2021 11:03am
    #1
    Registered Users Posts: 1,756 ✭✭✭


    Let's say there is a Folio, relating a 3 bed Semi D.
    Let's say it's owned by two people (husband and wife).

    If an application was made to the Land Registry to add a 3rd owner would the approval of BOTH of the owners be required? or would one suffice?

    I am wondering is it possible to put a "lock" on a Folio? i.e.to Let the Land Registry know not to make any changes to a Folio unless they can be 110% sure that the owners agree to it.


Comments

  • Registered Users Posts: 8,207 ✭✭✭partyguinness


    vector wrote: »
    Let's say there is a Folio, relating a 3 bed Semi D.
    Let's say it's owned by two people (husband and wife).

    If an application was made to the Land Registry to add a 3rd owner would the approval of BOTH of the owners be required? or would one suffice?

    I am wondering is it possible to put a "lock" on a Folio? i.e.to Let the Land Registry know not to make any changes to a Folio unless they can be 110% sure that the owners agree to it.

    Well, the Land Registry will not process such an application unless it has been correctly lodged by all the registered owners with the appropriate transfer signed. Unless there is a transfer lodged by all parties then it is going nowhere unless there is a fraud being committed.

    You can ask the Land Registry to notify you of any changes or attempts being made to the Folio. Think you register and furnish email/contact details. So if anyone requests a copy of the folio you will be notified.


  • Registered Users Posts: 1,756 ✭✭✭vector


    Thanks for quick reply, let me look at this another way with a specific question:

    Is it the practice of the land registry to write to the registered owners (separate letters for each) before processing a request to add an extra owner?

    I imagine the answer is no.


  • Registered Users Posts: 8,207 ✭✭✭partyguinness


    vector wrote: »
    Thanks for quick reply, let me look at this another way with a specific question:

    Is it the practice of the land registry to write to the registered owners (separate letters for each) before processing a request to add an extra owner?

    I imagine the answer is no.

    The Land Registry will not entertain an application unless it is from the registered owners in the first place.

    You can't go around just adding names to other people's title with the necessary authority- if that was the case sure it would be rife with fraud.

    In other words, a third party cannot legitimately make a unilateral application of this nature i.e. add their name to the title with the necessary consents.

    I take it you are worried someone is going to add their name to your property without you knowing it?


  • Registered Users Posts: 1,756 ✭✭✭vector


    >I take it you are worried someone is going to add their name to your property without you knowing it?


    Yes. To do so they would need to fake my signature, you might think, but recently I signed many loose leaf pages as part of a separate transaction (witnessed by a solicitor "signed before me by joe bloggs etc), and it is what got me thinking, one of those could be repurposed for this.

    So there was a legit land registry transaction, but a loose leaf signature page could be repurposed and used on another land registry transaction.

    The owner would never know because the land registry don't write out?


  • Moderators, Sports Moderators Posts: 14,599 Mod ✭✭✭✭CIARAN_BOYLE


    The Land Registry will not entertain an application unless it is from the registered owners in the first place.

    You can't go around just adding names to other people's title with the necessary authority- if that was the case sure it would be rife with fraud.

    In other words, a third party cannot legitimately make a unilateral application of this nature i.e. add their name to the title with the necessary consents.

    I take it you are worried someone is going to add their name to your property without you knowing it?

    It seems like he is worried that the other person on the folio could add someone's name to the folio.

    Perhaps he is worried that his wife will put her new boyfriend's name on the property?


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  • Registered Users Posts: 2,342 ✭✭✭seagull


    My reading is that the concern is more
    - There are two registered owners
    - One owner tries to add a third person without the other owner's knowledge

    Is that accurate?


  • Registered Users Posts: 8,207 ✭✭✭partyguinness


    vector wrote: »
    >I take it you are worried someone is going to add their name to your property without you knowing it?


    Yes. To do so they would need to fake my signature, you might think, but recently I signed many loose leaf pages as part of a separate transaction (witnessed by a solicitor "signed before me by joe bloggs etc), and it is what got me thinking, one of those could be repurposed for this.

    So there was a legit land registry transaction, but a loose leaf signature page could be repurposed and used on another land registry transaction.

    The owner would never know because the land registry don't write out?


    If you are concerned that documents you signed may be used to for purposes other than what you intended then you should contact the solicitor and ask him to clarify what you signed.


    If the application has been lodged using the usual Form 17 by a solicitor using all the correct and appropriate papers then the Land Registry will not look beyond this. It is simply not practical to carry out separate invesitagtions into every single transaction. Conveyancing is a regulated activity- only duly qualified solicitors are allowed to carry out this work. If the documents you signed are used for illicit purposes then that is tantamount to a fraud on the part of the solicitor or at best gross negligence.


  • Registered Users Posts: 23,309 ✭✭✭✭mickdw


    I dont think you need to worry however solicitors have been known to be struck off so dodgy dealings are possible.
    You can write to your solicitor and request confirmation of what you have signed and its intended use.
    You can set an alert on landdirect.ie where any transaction will be flagged to you.
    That said, i set one up re a transaction i was expecting and didnt get notified - maybe it went to spam or something.


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