1. How many stages are there in the conveyancing process?
There are many steps in a conveyancing transaction prior to a deed being lodged for registration and the number of steps involved depends on the nature of the transaction commercial, residential etc. For example, in a standard residential conveyancing transactions there are pre-contract enquiries, survey, contract and title document check, loan approval, execute contract and pay booking deposit and the parties are then in a binding contract.
At that stage requisitions on title are raised and replied to, purchase deed engrossed, check insurance, obtain loan check, run searches and close of sale meeting arranged. The balance of purchase money is then paid, deed and mortgage document executed and then stamped with Revenue and a memorial filed in the Registry of Deeds, If registered land is concerned the deeds in the correct form are lodged for registration.
This is a rough guide only and each case differs. The Authority is not an advisory body in this capacity and a purchaser normally seeks the advices of a practicing solicitor registered with the Law Society of Ireland to conduct the transaction.
2. How many other agencies/departments/registers etc. must be dealt with or checked prior to signing a legal transfer or mortgage?
It would depend on the nature of the transaction but in a normal residential transaction could include bankruptcy office, registry of deeds, judgment office, companies office, etc. In order to ensure planning laws have been met enquiries need to be made with local authority who deal with planning matters and hold registers such as Derelict Sites, Building Control Act and Listed Building Registers.
Also checks need to be made regarding utilities such as water supply, check for flood risk etc. A vendor may need to provide tax clearance certificate. If building is in multi unit development, there may be management company issues to be checked. Building Energy Certificates are also required.
3. Who is responsible for dealing with other departments/agencies?
The purchaser is responsible. Caveat emptore let the buyer beware applies; the buyer must be satisfied as to nature of the title being offered, the extent of the property and all matters that may run with it, with or without registration.
4. At what stage of the overall conveyancing process is your organisation involved
The Authority is involved at start during pre-contract enquires when the title is being investigated and the register checked to see if in fact registered, and if so, that the vendor is in fact the owner of the registered title. It is checked to see what burdens are running with the land, which burdens will not and need to be cleared off the title.
The register may be checked from time to time during the process if there was another dealing pending. At end of conveyancing transaction the title is then lodged for registration.
5. Is any or all of the conveyancing process dealt with electronically?
Yes-stamp duty can be paid online with the Revenue Commissioners.
6. Is any or all of the registration process dealt with electronically?
An application can be made on line by way of e-lodgment and the original documents follow. Full e-registration is available for discharges and certain charging orders. E-registration will shortly be available for e-transfers and transmissions.
7. When a deed/document or land registration form is lodged for registration, what is the general procedure involved in registering the effect of the deed?
An application is received by lodgement of original documents which may follow e-lodgment. The dealing is then set up i.e. and assigned a dealing number and checked to see that all documents lodged are in order .It is then passed to an officer to check that the dealing complies with registration requirements under Land Registration Rules 2012 and all stamp duty requirements have been met. That officer then changes the register to reflect the transaction and completes the application.
If the application is not in order a query may issue and the lodging party retains priority once the query is replied to. If not in order the application may be rejected and loses priority.
8. How many stages are there in the registration of title process?
- transfer of all property: 3
- mortgage: 3
- change of ownership on death where the estate has been administered if applicable: 3
- registration of right of way: 4
- transfer of part of property: 4
If a query needs to be raised this will add an additional stage(s) depending on the nature of the case.
9. What kind of entries are in your system?
The Register is divided into three parts. Part one of the folio shows a description of the property linked to a plan number which can be seen on the accompanying plan of the property. On part two, ownership is registered. Also it can be seen if the title held by that owner is absolute i.e. no-one has a superior interest or perhaps the tile is held under good leasehold, qualified or possessory title where further investigations behind the register are required. Also registration of cautions or inhibitions (where a party with an equitable interest may have applied to be on notice or give consent to an application) can be seen on part two.
Part three shows encumbrances registered against the property in favour of other parties, the most common being a charge. Other entries include easements, judgment mortgages, court orders, profits a prendre, rights of residence and support and maintenance and leases. A full list of burdens capable of registration is in Section 69 of the Act http://www.irishstatutebook.ie/1964/en/act/pub/0016/sec0069.html
10. What is the average time taken to register a (1) transfer of all property (2) transfer part property (3) mortgage/charge?
- transfer of all property: 7-10 days
- transfer part propertyThe Authority is continuing to clear an arrear of casework which had built up as a result of the property boom in Ireland. We would expect to clear the legacy of older casework in order for registration within the next 6 months and then be in a better position to give some indication of the timelines to register newly lodged applications for transfers of part.
- mortgage/charge: 7-10 days
11. At what level in the organisation is the final decision to register a title made?
It depends on the nature of the transaction. Most dealings regarding registered land are registered by executive staff but in certain cases may be referred to a senior officer for direction/advice. First registrations and applications based on possession are generally dealt with by staff at higher grades.
12. To what extent are registration decisions in your country taken by a person with a professional qualification? What is that professional qualification?
Many of the staff of the Authority hold a variety of professional qualifications and experience. In complex cases and first registrations the matter is usually dealt with by a senior member of staff who holds a legal qualification (solicitor or barrister at law).
13. If registration decisions are not taken by a person with a professional qualification, how are they taken?
All decisions to register must comply with the governing legislation i.e. the Acts and the Rules. Staff are fully trained and supported by clear structures and procedures and a training and development unit. There are also extensive practice directions which support the procedures in place and these are also available to customers on our website to assist in preparing an application for registration.
14. Is the decision to register a legal, judicial or administrative function (or mixed)?
The decision to register on land that is already registered is largely administrative but in cases such as those based on adverse possession is of a quaisi-judicial nature. For first registration not certified by a practicing solicitor or barrister the decision to register is a legal one.