Deeds (registry of deeds) v Land registry issue.

jetfiremuck

Something to be aware of .............

We own a piece of property over 10 years free and clear. We now have an issue where the locks on our gate were changed without notice. We have since removed it and relocked it. Strange we thought and now the issue.

A search of the land registry folio does not show us as owners on the folio when searched on PRAI.ie.

Consulted our solicitor to find we have the indenture with the Registry of deeds and that should be all we need to prove ownership.

Can the property be registered now with the land registry using the Registry of deeds paperwork (indentures) ? I know that as of 2008 and compulsory in 2010 that all property must now be registered with the land registry.

This is where the issue is, a folio search shows nama and not us as owners.

The property was part of a folio that went to Nama in 2015. We are owners since 2008.

Anyone come across this before?

Claw Hammer

jetfiremuck wrote: »

Something to be aware of .............

We own a piece of property over 10 years free and clear. We now have an issue where the locks on our gate were changed without notice. We have since removed it and relocked it. Strange we thought and now the issue.

A search of the land registry folio does not show us as owners on the folio when searched on PRAI.ie.

Consulted our solicitor to find we have the indenture with the Registry of deeds and that should be all we need to prove ownership.

Can the property be registered now with the land registry using the Registry of deeds paperwork (indentures) ? I know that as of 2008 and compulsory in 2010 that all property must now be registered with the land registry.

This is where the issue is, a folio search shows nama and not us as owners.

The property was part of a folio that went to Nama in 2015. We are owners since 2008.

Anyone come across this before?

It happens all the time. You can apply for first registration now if you want. The Land Registry will only deal with the Registered owner.
You may have been conned by the person who sold to you. It may have already been mortgaged to a bank. The other explanation is that Nama made a mistake and you will need to consent of NAMA to rectify it.

handlemaster

jetfiremuck wrote: »

Something to be aware of .............

We own a piece of property over 10 years free and clear. We now have an issue where the locks on our gate were changed without notice. We have since removed it and relocked it. Strange we thought and now the issue.

A search of the land registry folio does not show us as owners on the folio when searched on PRAI.ie.

Consulted our solicitor to find we have the indenture with the Registry of deeds and that should be all we need to prove ownership.

Can the property be registered now with the land registry using the Registry of deeds paperwork (indentures) ? I know that as of 2008 and compulsory in 2010 that all property must now be registered with the land registry.

This is where the issue is, a folio search shows nama and not us as owners.

The property was part of a folio that went to Nama in 2015. We are owners since 2008.

Anyone come across this before?

I would be more curious to know why someone put a lock on it

mickdw

Nothing strange in title being with registry of deeds however it is an issue if the property is now registered as owned by nama.
Get your solicitor on it asap

jetfiremuck

mickdw wrote: »

Nothing strange in title being with registry of deeds however it is an issue if the property is now registered as owned by nama.
Get your solicitor on it asap

Agreed. Just trying to get an understanding of the process involved as our solicitor at the time has passed.

We are effectively starting with someone new now and like everything else need to see where the screw up was if any .

Dolbhad

Are Nama showing up as owner of the whole plot you own or a small part of it which includes the gate? The issue with registry of deeds is some deeds make reference to land my description only and not a map. So occasionally a neighbour can go for first registration and may end up encroaching on the registry of deeds land but it’s unknown at that time. It’s it just a small area overlap, this could be the case.

Claw Hammer

Most likely the o/p was conned. He bought land which had already been mortgaged. He can thank is now former solicitor.

The_Conductor

Claw Hammer wrote: »

Most likely the o/p was conned. He bought land which had already been mortgaged. He can thank is now former solicitor.

Unfortunately, I strongly suspect you may be right.

Lmkrnr

I thought only agent's or legal professionals could see who owns the title from Prai? Isn't it usually just the folio number displayed.

17togo

My in laws had to sell their house recently as they were moving in with us... They lived in an end of terrace house that was built back in the 70s. Originally there was supposed to be more houses built along beside them but a well was discovered so that piece of land was never built on. It was fenced off. As a result the in laws were given a extra strip of land by the builder about a meter wide. This would have been part of the driveway of the house that was never built beside them. Roll on 40 years when he goes to sell it, the buyers solicitor spotted this and it led to months of back and forth between his solicitor and the buyers.
Turns out the original developers went bust and another company was the administrator of the whole estate. The director of this company was a solicitor and he ended up getting 6k to sign away his rights to this 1m strip of land that would never be built on.

Not sure if its the same as the original poster but just thought I'd share. The land registry had no record of this bit of land but it was on the original deeds and plans that my in laws had to submit to the buyers solicitor.

We were in a hurry to get the deal done as we were in a chain to buy a house and the funds for the sale were going to pay for the new house. so kinda had to pay up and he knew that. If we'd have had time we'd have fought it and won.

Still pisses me off!!

So just be careful, if you're planning on selling the land or doing anything with it in the future you'd be better off checking all that out now.

localnews

Hi There,

I would be very interested to talk to you about this issue re indenture if willing?

Many thanks.