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Land not registered?

  • 20-10-2019 12:00pm
    #1
    Registered Users Posts: 157 ✭✭


    Anyone know what it means when a plot of land/house is not registered? Landirect.ie shows nothing, I do beleive the current occupiers/people selling built the house 15 years ago.


Comments

  • Registered Users Posts: 13,865 ✭✭✭✭Dav010


    Melted wrote: »
    Anyone know what it means when a plot of land/house is not registered? Landirect.ie shows nothing, I do beleive the current occupiers/people selling built the house 15 years ago.

    Depending on where it is located, the compulsory registering of land is relatively recent, so the fact that it is unregistered should not be taken as a sign of anything being wrong.


  • Registered Users Posts: 7,759 ✭✭✭Fann Linn


    Dav010 wrote: »
    Depending on where it is located, the compulsory registering of land is relatively recent, so the fact that it is unregistered should not be taken as a sign of anything being wrong.


    Exactly. I've seen rows of terraced housing plus commercial premises not on landdirect.ie.


  • Registered Users Posts: 782 ✭✭✭Dolbhad


    Landidrect only shows registration of land in the land registry, which is the newer system of land registration in Ireland. If it doesn’t show up, it’s in the older system of registry of deeds. It’s not about how old a property is but tends to be where located. I know in Cork areas like Blackpool, Blackrock, city centre and Douglas can have a lot of estates that are registry of deeds still.

    Now it’s a requirement of law that when you buy a house that’s registry of deeds, the purchaser has to complete registration in the land registry. The idea eventually is everything is registered in land registry. Which is a easier legal title than registry of deeds. If your missing legal deeds in registry of deeds, makes it might harder to sell.


  • Registered Users Posts: 157 ✭✭Melted


    Dolbhad wrote: »
    Landidrect only shows registration of land in the land registry, which is the newer system of land registration in Ireland. If it doesn’t show up, it’s in the older system of registry of deeds. It’s not about how old a property is but tends to be where located. I know in Cork areas like Blackpool, Blackrock, city centre and Douglas can have a lot of estates that are registry of deeds still.

    Now it’s a requirement of law that when you buy a house that’s registry of deeds, the purchaser has to complete registration in the land registry. The idea eventually is everything is registered in land registry. Which is a easier legal title than registry of deeds. If your missing legal deeds in registry of deeds, makes it might harder to sell.

    Very informative post, thank you very much!


  • Registered Users Posts: 782 ✭✭✭Dolbhad


    Melted wrote: »
    Very informative post, thank you very much!

    No problem. We had looked at a registry of deeds property and that’s how our solicitor explained it to us. If on landdirect you see a house nearby that has been converted to land registry at least you know there should be no issues (in theory).


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  • Registered Users Posts: 157 ✭✭Melted


    Dolbhad wrote: »
    No problem. We had looked at a registry of deeds property and that’s how our solicitor explained it to us. If on landdirect you see a house nearby that has been converted to land registry at least you know there should be no issues (in theory).

    As purchasers, was there much fee to register it with land registry?


  • Registered Users Posts: 2,119 ✭✭✭mtoutlemonde


    This problem has now arisen for me .... was getting ready to contact bank to drawdown mortgage but solicitor sent a letter stating that there was unregistered land impinging on my site - could this be a computer glitch like above - the land has been in the family for generations. I don't want to wait another 12 weeks for planning again and really liked the site location - I know moving the boundary won't be major.


  • Registered Users Posts: 782 ✭✭✭Dolbhad


    Melted wrote: »
    As purchasers, was there much fee to register it with land registry?


    I found registry of deeds professional fee for solicitor more expensive (as included the application) but outlays much cheaper as property registration authority charge a lot less to register a property in registry of deeds and convert to land registry than buying a land registry property. You should get a quote from your solicitor and if you haven’t, do get confirmation of fees. But for us it was slightly cheaper to buy registry of deeds.

    This problem has now arisen for me .... was getting ready to contact bank to drawdown mortgage but solicitor sent a letter stating that there was unregistered land impinging on my site - could this be a computer glitch like above - the land has been in the family for generations. I don't want to wait another 12 weeks for planning again and really liked the site location - I know moving the boundary won't be major.

    I have heard that some registry of deeds refer to property by a map attached (which makes things easier) and some by description only (which can be harder as property described by description based in the 1800’s or early 1900’s can be hard to match exactly). The sellers engineer will mark up map based in deed which is registered in land registry. But I have heard of land registry land next to registry of deeds land and when registry of deeds land is then registered in land registry, it alerts the property registration authority (which comprises of registry of deeds and land registration) of a boundary overlap or discrepancy. Boundary rectification can be done (I presume between the solicitors and engineers sorting it) but does take time (and maybe extra cost) so sorry to hear about your delay. Hope it gets sorted!


  • Registered Users Posts: 2,119 ✭✭✭mtoutlemonde


    Dolbhad wrote: »
    I found registry of deeds professional fee for solicitor more expensive (as included the application) but outlays much cheaper as property registration authority charge a lot less to register a property in registry of deeds and convert to land registry than buying a land registry property. You should get a quote from your solicitor and if you haven’t, do get confirmation of fees. But for us it was slightly cheaper to buy registry of deeds.




    I have heard that some registry of deeds refer to property by a map attached (which makes things easier) and some by description only (which can be harder as property described by description based in the 1800’s or early 1900’s can be hard to match exactly). The sellers engineer will mark up map based in deed which is registered in land registry. But I have heard of land registry land next to registry of deeds land and when registry of deeds land is then registered in land registry, it alerts the property registration authority (which comprises of registry of deeds and land registration) of a boundary overlap or discrepancy. Boundary rectification can be done (I presume between the solicitors and engineers sorting it) but does take time (and maybe extra cost) so sorry to hear about your delay. Hope it gets sorted!

    According to solicitor, I have two options: planning and boundary change or make a costly and time consuming application to land registry which could take up 12 months.


  • Registered Users Posts: 782 ✭✭✭Dolbhad


    According to solicitor, I have two options: planning and boundary change or make a costly and time consuming application to land registry which could take up 12 months.


    How much land would you be possibly losing with a boundary change?

    Land registry are very slow going on applications. I’d try avoid if your under pressure


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  • Registered Users Posts: 2,119 ✭✭✭mtoutlemonde


    Dolbhad wrote: »
    How much land would you be possibly losing with a boundary change?

    Land registry are very slow going on applications. I’d try avoid if your under pressure

    I don't really know - I sent it onto my engineer and he has not got back to me yet. Can't draw down mortgage if land not in my name.


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