Written answers
Wednesday, 20 February 2008
Department of Justice, Equality and Law Reform
Registration of Title
9:00 pm
Róisín Shortall (Dublin North West, Labour)
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Question 297: To ask the Minister for Justice, Equality and Law Reform the situation regarding the requirement of property owners to register such ownership with the Land Registry; and if this information is available publicly and specifically to the Revenue Commissioners. [7190/08]
Brian Lenihan Jnr (Dublin West, Fianna Fail)
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It is not clear from the Deputy's query whether or not her question relates to a situation where: 1. The title to a property is already registered in the Land Registry and the registered owner transfers the property or part of the property to a new owner or 2. The title to the property has not been registered in the Land Registry to date.
In the case of 1., the position is that pursuant to Section 51 of the Registration of Title Act 1964, no legal interest passes to the new owner until such time as the new ownership has been registered in the Land Registry.
In the case of 2., registration of title in the Land Registry is compulsory in certain circumstances. Further details in this regard can be obtained from the Property Registration Authority, including from their website.
When an application for registration is completed in the Land Registry, the effect of that registration is entered on a folio. There are some 1.8 million folios in the Land Registry which collectively make up "the Register". The Register is a public record and any person may inspect the Register or apply for a certified copy on payment of the prescribed fee.
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