Registry of Deeds versus Registration of Title System

Mijne

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I have inherited a house and want to transfer it into my name. The title deeds of the house are Deed of Assent held through Registry of Deeds. Just wondering when transferring into my name will the house be put in the Registry of Deeds system or Registration of Title system operated by the Land Registry. I did go to a solicitor but it was not mentioned. I was looking through the Property Registration Authority of Ireland website and saw there are two systems in place. I am a but confused.

Mijne
 
A bit of an historical situation which can be confusing.

Some properties are registered with the Land Registry. Other properties are unregistered but are effectively memorialised in the Registry of Deeds. In connection with the latter you would collect a lovely big bundle of documents as transactions occurred. The vital thing was to make sure that each important transaction was actually memorialised in the Registry of Deeds. Look at the bundle of deeds you have for the house and you will probably see annotations on them confirming date (and probably time) of memorialisation of the particular act in the Registry of Deeds.

AFAIK most new conveyances are now compulsorily registrable with the Land Registry. I understand that is a formal process which includes proper mapping. If validly registered you then get a simple document identifying a folio number with Land Registry who then hold the details for that property.

Like you, I inherited a house as well as a big deeds bundle full of documents memorialised in the Registry of Deeds. I simply instructed a solicitor to register the Deed of Assent in the Registry of Deeds. We did that because we have utterly no intention of moving / selling so there was no point in spending time and money going through registration with the Land Registry. However, if we ever want to sell we will then probably need to jump through some formal hoops to enable us to convey the property.

Be sure to have the Deed of Assent memorialised with the Registry of Deeds and to get it back from your solicitor. Instruct your solicitor to do it as it the house is a major asset. Alternatively, if you think that you might be likely to sell in the near future you should discuss that specifically with your solicitor who might advise you to register with the Land Registry.
 
As Direct Devil says, there is no need to register a Registry of Deeds title on an inheritance in the land registry ( ie no need to do a first registration) unless there is something wrong with the title, in which case it might be advisable to future proof it. It is not compulsory.

A registry of deeds assent will do fine if the title itself is ok. Only a solicitor with conveyancing experience will be able to tell you if it needs to be first registered as they will have a check of the deeds and tell you.
 
DirectDevil

Thanks you for all your valuable information and explaining everything so clearly. I did ring the Property Registration Authority and spoke to a lady in the Registry of Deeds and she told me I could do the transfer myself. I needed to completed Form 1A.
She said I did not need a solicitor and it was pretty straight forward.

Mijne
 
Vanilla

I spoke to solicitor and he checked my deeds. He told me I did not have to do First Registration. He told me he could do it for me or I could do the form myself. Thinking about it.

Thanks for your help.

Mijne
 
For a matter like this I would always recommend that a solicitor would complete the paperwork formalities even though this is a relatively simple transaction. Having a valid title to a valuable asset like your house is of basic importance for a number of reasons.

Remember that the Registry of Deeds - whilst very helpful - are not acting for you and it is your responsibility to see that the Deed of Assent which you are registering is of itself drafted correctly. Engaging a solicitor to complete the transaction should ensure that there are no inadvertent errors.
 
Yes I agree, I should get it done right. Thanks for all your help.

Mijne
 
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