Proprietorship (Section B)

  1. Proprietorship or class of title

    Main right / Primary real right: OWNERSHIP
    Definition: Registration of legal ownership confers the legal right to enjoy and dispose of a thing, subject to certain limitations.

    Main right / Primary real right: FREEHOLD
    Definition: Freehold Land means land the ownership of which is an estate in fee simple.

    Main right / Primary real right: FREEEHOLD ABSOLUTE TITLE
    Definition: An estate in fee simple together with all implied or express rights, privileges and appurtenances belonging or appurtenant thereto subject only to the burdens, if any, registered as affecting the property pursuant to Section 69 of the Registration of Title Act, 1964, as amended and the burdens to which the property is subject by virtue of Section 72 of the Registration of Title Act, 1964, as amended.

    Main right / Primary real right: FREEHOLD QUALIFIED TITLE
    Definition: Registration with qualified title has the same effect as registration with absolute title, save that registration with a qualified title will not affect or prejudice the enforcement of any right appearing by the register to be excepted.

    Main right / Primary real right: FREEHOLD POSSESSORY TITLE
    Definition: Registration with possessory title shall not affect or prejudice the enforcement of any right adverse to or i8n derogation of the title of that person and existing at the time of registration but save as aforesaid shall have the same effect as registration with an absolute title

    Main right / Primary real right: LEASEHOLD
    Definition: Leasehold interest means an interest in land under a lease for a term of years of which more than twenty one are unexpired at the date of registration, not being a term for securing money.

    Main right / Primary real right: LEASEHOLD ABSOLUTE TITLE
    Definition: Absolute leasehold title is conferred where the title to the leasehold interest, the freehold interest and any intermediate leasehold is approved by the Property Registration Authority. Upon registration with an absolute leasehold title, the leasehold interest together with all implied or express rights, privileges and appurtenances attached to it, shall vest in the person registered.

    Main right / Primary real right: GOOD LEASEHOLD TITLE
    Definition: Registration of a leasehold interest with a good leasehold title, shall not affect or prejudice the enforcement of any right adverse to or in derogation of the title of the lessor to grant the lease but, save as aforesaid, shall have the same effect as registration with an absolute leasehold title.

    Main right / Primary real right: LEASEHOLD QUALIFIED TITLE
    Definition: Registration of a leasehold interest with a qualified titleshall not affect or prejudice the enforcement of any right appearing by the register to be excepted, but save as aforesaid, shall have the same effect as registration with an absolute title or a good leasehold title, as the case may be.

    Main right / Primary real right: LEASEHOLD POSSESSORY TITLE
    Definition: Registration of a leasehold interest with a possessory title shall not affect or prejudice the enforcement of any right (whether in respect of the lessor’s title or otherwise) adverse to or in derogation of the title of that person and subsisting or capable of arising at the time of registration but save as aforesaid, shall have the same effect as registration with an absolute leasehold title.

    Main right / Primary real right: POSSESSION
    Definition: Possession is physical detention with the intention to hold the thing detained as one’s own; continuing exercise of a claim to the exclusive use of some material object. Registration of the simple fact of possession of land is not possible.

  2. Information on owners

    2.1 If owners are natural persons, information of the owner or proprietor or holder of the main right registered will usually comprise the following:

    –          Name of the owner (first name, surname) in the way governed by national legislation.
    –          Address.
    –          E-mail.

    However, normally there should not to be expected that information includes neither ID of the owner, nor other identification number (passport, driving license, public health system number), nor the person to whom the owner is married when acquisition is for the marriage or for matrimonial community of goods, nor the person to whom the owner is married in any case, nor civil status, nor date of birth, nor owner’s telephone.

    2.2 In the event that the owner or proprietor is a company or legal person, information will usually include:

    1. Name of the company.
    2. Registered office.
    3. Business address.
    4. Telephone.

    And it will not include other data such as ID of the company, date and place of registration, registration number, telephone.

  3. Entitlement

    Information of the Irish land register doesn’t include references to the entitlement.

  4. Restrictions

    Information of the Irish land register system usually includes the existence of restrictions on the person of the owner stemming from insolvency or affecting the authority of disposal when they have been registered, (the entry on the register will be self- explanatory e.g. no registration under a disposition registered owner except in the course of administration in the estate of W or No registration under a disposition without prior notice to Y; in order to inspect the full application Rule 159 applies i.e. the applicant will have to show to the satisfaction of the Authority that he/she is entitled to inspect the documents).

    There’s no information on conditions antecedent or subsequent.

    About foreign trusts, or fiducia sucessoria, it will be registered who the trustee and beneficiary are.

  5. Price

    LR information including the price of acquisition is legally restricted.