Written answers

Tuesday, 2 October 2012

Department of Justice and Equality

Registration of Title

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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To ask the Minister for Justice and Equality if, notwithstanding the work of the Property Registration Authority of Ireland, of the Valuation Office and of the local authorities which must determine whether real property is residential or commercial; and if it is non-residential, whether it is rateable or exempt by virtue of the tax exempt status of the occupant, is it nevertheless possible for legal title to real property in Ireland to be held anonymously for example on foot of a Deed of Trust, the existence of which is not in the public domain; and if he will make a statement on the matter. [41372/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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There are two systems for recording property transactions in Ireland, the system of registration of title operated by the Land Registry and the system of recording deeds operated by the Registry of Deeds. Both systems are under the control of the Property Registration Authority (PRA) which was established on 4 November 2006.


When title or ownership is registered in the Land Registry, the legal ownership is entered on folios which form the registers maintained in the Land Registry. Where title is registered in the Land Registry it is referred to as "registered property" and is open to public inspection.


The Registry of Deeds provides a system of recording the existence of deeds and conveyances affecting unregistered property (i.e. property which has never been registered in the Land Registry). The effect of registration of a Deed in the Registry of Deeds is generally to govern priorities between documents dealing with the same piece of land.


The Registration of Title Act, 1964 provided that notice of trusts shall not be entered in the Land Register. The Land Conveyancing and Law Reform Act, 2009 provides that the legal title shall vest in the trustees to be held in trust for the beneficiaries. Thus, for registered land (i.e. property registered in the Land Registry), the legal title will be a matter of public record, while the beneficiary interest may be off the register.

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