Limitations

1.    Are all legal rights in property capable of registration in your system? If not please state the legal rights or interests in land that must be investigated outside of the registration of title system i.e. those that could bind a bona fide purchaser for value without notice without registration?

By virtue of Section 31(1) of the Registration of Title Act 1964, the folio of registered land is conclusive and guaranteed by the State as to the ownership and all rights, privileges, appurtenances or burdens appearing thereon. Conclusive in this context means that the facts stated are to be regarded as true and that no other evidence is necessary to verify or contradict the statement.

The title of such registered owner, in the absence of actual fraud, is conclusive even if the registered owner had notice of any deed, document or matter relating to the land. Section 31(1) abrogates the equitable doctrine of notice (express or constructive) in relation to registered land and the non-application of the doctrine of notice in relation to registered land clearly establishes the integrity of the register.

A bona fide purchaser for value takes the property clear from everything except the registered burdens affecting it and the burdens which affect without registration, and in the case of the Register of Leaseholders the covenants and conditions in the lease, but free from all other rights, in the absence of actual fraud.

However the conclusiveness of the register is subject to certain limitations as follows:

• The register is conclusive evidence of the title of the owner and of the burdens as appearing thereon. Note that the burdens set out in Section 72 of the Act, as extended, affect without registration.
• The Land Registry Map is not conclusive as to boundaries or extent.
• Folios registered with possessory, qualified or good leasehold title are not conclusive as to pre-registration title.
• A volunteer takes the title subject to all equitable claims and those arising by implication of law.
• The general entry on folios to the effect that registration does not extend to mines and minerals means that the title to such interests has not been established.

There are many other issues that affect a property that are not matters relating to title such as planning etc. These are dealt with by a legally qualified professional i.e. a solicitor acting on behalf of the purchaser prior to drawing up the relevant deeds and documents. Registration is only made by lodgement of the appropriate deed/form for registration.

• Is it possible to create property rights different from the ones regulated by the law? – numerus clausus or numerus apertus-  (EU Adapt project)

Yes

• In case the private parties are not allowed to create property rights different from the ones allowed by law, how broad is their freedom to determine the content of those rights? (EU Adapt project)

No. The creation of new and unknown property rights can be based in contract law but they may not be registered in the Land Registry.

2.    To whom does responsibility for investigation of such rights apply?

On the applicant, who in the majority of cases engages the services of a professional in conveyancing law insured to practice i.e. a practicing solicitor registered with the Law Society of Ireland. This person then handles all matters relating to the property transaction from contract stage, completion of deeds, payment of duties, investigation of all necessary registers and finally registration in the Land Registry or Registry of Deeds.

3.    What protection if any is available to parties who are bound by property rights that are not capable of being recorded on the title registration system? (For example “hidden rights” such as certain easements that may run with land without a legal requirement for registration).

The onus is on the purchaser to satisfy him/herself regarding all matters that run with the property with or without registration.  There may be redress in court.

4.    Are the boundaries conclusive in the registration of title system? If not, are they guaranteed by another state agency/government department/authority?

No. See reply 14 in section «Why register» .

5. HOW DOES AN AGGRIEVED PARTY REMEDY ANY BOUNDARY ERROR?

This is a matter for the parties and they may agree the boundary and make a note of the existence of the agreed boundary under Section 86. http://www.irishstatutebook.ie/1964/en/act/pub/0016/print.html#sec86. In the absence of agreement, the matter may be adjudicated upon in Court,