Land registry organized under the personal folio criteria
1. Is it possible to present the information, referred to a single immovable property? If yes, how? Which is the connecting factor? Please describe into detail.
2. With regard to a certain immovable asset, could all available information (contracts, et cetera) be presented? Could you please describe what information can be presented and what (possibly) can not be presented?
3. Please explain the main obstacles and/or opportunities to adapt the land registry information to a scheme based on the immovable asset.
4. If you think a different scheme is possible, could you please describe your proposal(s)?.
The following is description of what opens a new folio in the Irish Land Register which is based on a title system although there are a number of properties remaining unregistered. Approximately 93% of land is registered in the Land Registry. A new folio on the register is opened under the following circumstances:
- On an application for first registration which is compulsory on the sale of any property (freehold or leasehold)
- On a transfer of part of registered land (e.g. sale of site or portion of premises, lease of portion of registered land such as an apartment or commercial unit) on sale.
- On voluntary transfer of part of lands (e.g. gift of part of registered freehold or leasehold).
- On a transmission of part (e.g. an estate is administered on death and part of the property is vested or transferred to the person entitled under a will or on intestacy, or sold in the course of administration of an estate).
- On an application based on adverse possession over part of lands already registered (e.g. commonly known as squatter’s title).
- By order of court (e.g. the court orders the Authority to register person(s) over part of lands already registered).
- On an application for registration of incorporeal heriditaments held in gross (e.g. fishing rights, turbary rights)-an application can be made to register such rights on the subsidiary register.
- An applicant can apply to subdivide a folio on lodgement of map and appropriate fee is separate plots are required.
Basically any subdivision can be registered by transfer lodged in the correct form under Land Registration Rules e.g. such as apartment, part of a building provided the correct multi-story map delineating the property which is the subject of the subdivision is lodged.
Registration of easements such as rights of way, pipelines are generally registered as burdens on the folio which is burdened by the right and can be registered as appurtenant on the folio benefitting from the right-this does not lead to a new folio being opened.
If a person does not know the folio number of the registered land, it can be identified by map search map co-ordinates, address through geodirectory or by names index. Each plot has a seed point assigned to it within the mapping system and whilst it is not a unique property identifier it could be used such.
A folio therefore can have several properties registered on it and within each property there may be one of more plans or seed points. Title Plans are a representation of the plan(s) contained within a specific Folio or entry on a Folio.
Contracts are not provided for registration, the application must be made in the correct form under Land Registration Rules accompanied by the original deeds/documents in the required format.