James Browne (Wexford, Fianna Fail)
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Tailte Éireann is an independent Government agency under the aegis of my Department. Tailte Éireann provides a property registration system, property valuation service, and national mapping and surveying infrastructure for the State. Under Section 8(6) of the Tailte Éireann Act 2022, Tailte Éireann is independent in the performance of its functions.

Tailte Éireann operate two separate systems for recording transactions in relation to property in Ireland.

1. The registration of deeds system operated by the Registry of Deeds
2. The registration of Title system operated by the Land Registry

The two systems are mutually exclusive in the sense that in a particular transaction relating to land the title will be either:

Unregistered – the title is not yet registered in the Land Registry and so the Registry of Deeds system applies, or

Registered – the title has been registered in the Land Registry and so the Registry of Deeds system does not apply.

Unregistered property deeds

In regard to unregistered lands, the primary function of the Registry of Deeds system is to provide a system of priority by recording the existence of deeds affecting unregistered property. A search in the Registry of Deeds will disclose only whether documents have been executed dealing with the land in question. To discover the effect of these documents the documents themselves will have to be examined.

The Registry of Deeds do not retain copies of the deeds but do retain memorials and Registry of Deeds - ROD application forms, copies of which can be ordered (). Obtaining a certified copy of the memorial or application form does not replace lost deeds but it does provide secondary evidence of the existence of the deed.

In cases where there is a mortgage on the property in question, the deeds may be retained by the Lender, or in cases where the mortgage has been repaid, the deeds may be retained by a solicitor acting on behalf of the owner.

Registered property deeds

If the property has been registered on the Land Register, and has a folio number, then the original deeds would have been lodged for registration purposes when the land was first registered. The original deeds, documents and relevant forms would be retained in the Land Registry archives as an Instrument (filed documents).

An application by the registered owner to inspect or take a copy of an Instrument may be made under Rule 159 of the Land Registration Rules. Further information is available on Practice Direction, .

When a title is accepted for registration in the Land Registry, the original title documents are retained and permanently filed. A folio is opened in respect of the property and generally it is not necessary to refer to the original title documents again. A certified copy of this folio showing the registered owner details can be obtained with or without a copy of the map of the property. Further guidance on how to apply for a copy folio is available on Tailte Éireann’s website, .

The title shown on the folio is guaranteed by the State which is bound to indemnify any person who suffers loss through a mistake made by the Land Registry. A purchaser can, therefore, accept the folio as evidence of title without having to read the relevant deeds.

Pending Applications

It is important to note that pending applications are not subject to Rule 159 and applications to copy or inspect same will not be accepted. Best practice would be for the lodging party (usually a solicitor acting on behalf of the applicant) to make a copy of all documents prior to lodging the application.

On completion of an application, the folio is updated to show the change affected by the transaction on the property (e.g. transfer, charge). Only on completion would the folio reflect the position, and no ‘draft’ or ‘pending’ copy of a folio may be provided until such time that the application is assessed in full and proceeds to registration.

It may be noted that a pending application lodged for registration on the Land Registry should not prevent further conveyancing on the property, as the subsequent application may refer to the prior lodged application within the deeds.

Expedite Requests

Registry of Deeds applications cannot be treated expeditiously as they are subject to the provisions set out at Section 38 of the

Tailte Éireann will endeavour to assist its customers in cases where any delays in registration on the Land Register may cause undue hardship. A request for expedite must be received in writing, by email or post, from the lodging party and each request will be assessed on its own merit. Every expedite request should reference the application number and state the grounds on which the request is made.

Once expedited, the application will be processed as soon as possible, subject to any earlier lodged applications on the Folio, queries to be raised, or the service of any required notice.