1. What is the probative value of the LR information sheet? Does the national law provide it with special legal nature, like a public document or authentic act? Are there different types of LR information with different degree of value?E?
See below. A certified copy of folio or folio with filed plan attached is issued under seal of the Property Registration Authority and can be relied upon as evidence of the title on the register as of date of issue.
2. What is the degree of reliability of the information? Which are the effects given by the legal provisions in each country to this information, should it be necessary to carry out further investigations?
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 profession i.e. a solicitor acting on behalf of the purchaser prior to drawing up the relevant deeds and documents. Registration is then effected by lodgement of the appropriate deed/form for registration.
3. Are there any hidden liens?
Yes. Includes the right of party in the process of acquiring or having acquired title by adverse possession, easements created prior to first registration, public rights, customary rights and tenancies not exceeding 21 years.
4. What effect does the issuing of the excerpt from the Land Register has over the land registry system?
Yes, under Section 72 of the Registration of Titles Act, 1964.
5. Is an excerpt from the Land Register necessary and sufficient for the assignment of the property right of an immovable (regarding the information provided by the Land Registry?)
No effect. A priority search is required to be lodged if a party wants to protect an interest prior to lodgment of the application.
6. Does the excerpt from the Land Register issued especially for real estate transaction have different effects from the excerpt from the Land Register normally issued?
A certified copy extract can be relied upon however the register must be checked at date of closing of real estate transaction to see if dealings are pending or completed since the date of issue of the certified copy.
7. Does the excerpt from the Land Book issued especially for real estate transaction have different effects from the excerpt from the Land Book normally issued?
A certified copy is issued under seal of the Authority and can be relied upon as legal evidence of the title at the date of issue. It can issue either with or without a copy of title plan attached.
8. Is the excerpt from the Land Book necessary and sufficient for the assignment of the property right of an immovable (regarding the information provided by the Land Registry)?
For a certified copy folio and map, yes. For a leasehold title a copy of the lease will be required by the solicitor for the purchaser to check any covenants or conditions attached.