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PRA - First registration

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  • 24-03-2020 12:37am
    #1
    Citygirl1
    Registered Users Posts: 297 ✭✭


    Hi all - I know there's lots of threads on this topic already...

    However, I wanted to ask anyone who has recently sold or purchased a property, which was previously sold prior to 2011, regarding their experience of first registration.

    In summary, in your case, was this submitted by the purchasing solicitor, or seller's solicitor? Did the purchasing solicitor insist on this being completed prior to sale?

    From most of what I'm reading, and per my solicitor, the purchasing solicitor is normally responsible for organising the first registration.

    However, am seeing a few discussions where it's mentioned that the purchasing solicitor insisted on the registration being completed before they would conclude the sale.

    I am currently in the situation of trying to sell a property. Sale has fallen through (for the second time), with the excuse being that the purchaser's solicitor told them it could take several months to resolve the title (and this purchaser was in a hurry).

    I won't get into all the details, but curious about other's experience?


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    #2
    mickdw
    Registered Users Posts: 23,260 ✭✭✭✭mickdw


    It is in your own interest to sort the title i would have thought.
    Get that done now and you wont lose another sale on the back of that issue.
    Each case is different. If title is straight forward, i wouldnt see it being an issue.
    If title is complex, it is certainly beneficial to have it sorted now.
    I do mapping daily for first registration of property. Typically requested by selling solicitor. I dont really know where it goes processwise after that.


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    #3
    Citygirl1
    Registered Users Posts: 297 ✭✭Citygirl1


    Hi Mick. Yes, I'm certainly learning that now.

    My solicitor is now finally talking of getting a new map organised. Seriously wishing this was done months ago. The whole thing is incredibly stressful.

    Are you usually contacted by solicitors, or by the property owners? (Could I ask you to PM your business details or website, in case she doesn't get it done fairly soon). Thanks


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    #4
    mickdw
    Registered Users Posts: 23,260 ✭✭✭✭mickdw


    Solicitor 90 percent of the time. Absolutely nothing stopping you getting someone yourself though.
    I dont know where you are but im in mayo - unlikely to be nearby.


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    #5
    Dolbhad
    Registered Users Posts: 782 ✭✭✭Dolbhad


    Where is the property based?

    Around 2011/2011 (depending on where you are based) rules came in that any property sold that’s registry of deeds needs to be converted to land registry. It’s done by purchaser’s solicitor. So depends on when you bought it.

    If your solicitor should have converted the title when you bought it, purchasers solicitor will insist on you doing it. If not, you should be able to sell as it unless there is an obvious issue with title.

    But it can take months to be done. But the purchaser is the owner from date of closing. I don’t see why someone was advised not to buy just because registration will take months. They will have a deed showing them as owner.

    If the registration that you submit is pending and then you sell it, the PRA will kick out your as you are no longer the registered owner. And make the purchaser submit the application.

    You will need an Osi map to be drawn up.

    Is the legal title all okay?


  • Options
    #6
    Citygirl1
    Registered Users Posts: 297 ✭✭Citygirl1


    mickdw wrote: »
    Solicitor 90 percent of the time. Absolutely nothing stopping you getting someone yourself though.
    I dont know where you are but im in mayo - unlikely to be nearby.

    Hi Mick - Yeah, I'm in Dublin. Was assuming you were based here also....


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    #7
    Citygirl1
    Registered Users Posts: 297 ✭✭Citygirl1


    Dolbhad wrote: »
    Where is the property based?

    Around 2011/2011 (depending on where you are based) rules came in that any property sold that’s registry of deeds needs to be converted to land registry. It’s done by purchaser’s solicitor. So depends on when you bought it.

    If your solicitor should have converted the title when you bought it, purchasers solicitor will insist on you doing it. If not, you should be able to sell as it unless there is an obvious issue with title.

    But it can take months to be done. But the purchaser is the owner from date of closing. I don’t see why someone was advised not to buy just because registration will take months. They will have a deed showing them as owner.

    If the registration that you submit is pending and then you sell it, the PRA will kick out your as you are no longer the registered owner. And make the purchaser submit the application.

    You will need an Osi map to be drawn up.

    Is the legal title all okay?

    Hi Dolbhad. Yes, I bought the property in 2007, so well before the introduction of the new rules.

    There is an issue around the map, in that on the land registry part of the property is already showing as registered, and part not. But it's correct on the original deed.

    Apparently prospective purchaser's solicitor concluded that there were serious issues with the title which could take months to sort out.

    Yet my solicitor assures me this is not a major issue. And the land registry confirmed in writing (after two months chasing them) that application for first registration should be submitted re the unregistered portion.

    My solicitor is now finally going to organise an OSI map.

    The whole system seems pretty crazy to me, in that solicitors can arrive at such different opinions, and the length of time to get anything done with them. Giving rise to sales falling through, and huge monetary loss and stress for ordinary citizens.


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