Certification of Title – Your Questions Answered
Where can I find the prescribed form for a Form 3?
In the Land Registration Rules, 2012 (S.I. 483 of 2012) or under the Forms section of this website.
What is the purchase money threshold?
€1,000,000.
Can I use a Form 3 application for a conveyance or assignment for voluntary consideration?
No.
Can I use a Form 3 application for an Assent on Death?
No.
Are there any time limits in relation to the Form 3 certificate itself?
Yes, the Form 3 should be dated within one month of lodgement of the application in the Land Registry.
Are there any time limits in relation to the execution of the conveyance or assignment on sale?
Yes, should have been executed not more than 2 years prior to the date of lodgement.
Should I apply for registration of all easements or profit a prendre on title in paragraph 8 of the Form 3?
No. Easements or profit a prendre, (which lie in grant), unless they are expressly created by express grant or reservation after first registration of the land are Section 72 burdens and affect without registration [Section 72(1)(h) of the Registration of Title Act, 1964].
What burdens should I list in paragraph 8 of Form 3?
Burdens specified in Section 69(1) of the Registration of Title Act as extended e.g. mortgages or leases on title.
What is the situation in relation to appurtenant rights?
On first registration of the ownership of property, appurtenant rights vest by virtue of Section 71 of the Land and Conveyancing Law Reform Act 2009 and Section 37 of the Registration of Title Act, 1964.
Who should sign the Form 3?
It must be signed by an individual solicitor. This solicitor should be the solicitor who acted for the purchaser/applicant.
Should I lodge all the documents of title in my possession?
No, generally only the conveyance or assignment on sale should be lodged. However, if the title is a leasehold one or a fee farm grant, a certified copy of the lease or fee farm grant should be lodged.
Should I lodge any searches?
No.
What documents do I lodge?
Form 3, deed of conveyance/assignment, copy of lease/fee farm grant in appropriate cases, map, Form 17 and €130 fees.
Can I use the Form 3 procedure where the prior title is based on possession?
No.
When lodging a Form 3 application do I have to certify that the prior title is not based on possession?
Yes. The lodging solicitor should certify, if such be the case, that the prior title is not based on possession.
Can I use the Form 3 procedure where there is a serious problem on the title?
No. This procedure should be used only where the solicitor can vouch for the title of the applicant.
Is there additional fees payable if I lodge a mortgage with the Form 3?
No.
Can I use Form 3 where the applicant is the original lessee?
Yes.
Can I use the Form 3 to apply for a Qualified Title?
Yes. The Form 3 prescribed by Rule 19(3) of the Land Registration Rules 2012 [S.I. 483 of 2012] allows for the solicitor to apply for registration with a Qualified Title. The precise qualification should be included, e.g. qualified as to time if the date of the root of title is less than 15 years prior to the date of the Form 3 [Section 56 of the Land and Conveyancing Law Reform Act 2009 and Rule 19(1) of the Land Registration Rules 2012].