Partial Discharges (Stand Alone) – Legal Office Notice No. 5 of 2011

Partial discharges pending where transfer of part/lease has not yet been lodged for registration

In cases where transfers of part/leases are lodged, the partial discharges should be associated with those Dealings and dealt with in accordance with the usual practices and procedures.

 If the relevant transfers of part/leases are NOT lodged, please proceed as follows:

Where the partial discharge includes a suitably compliant map, the discharged property should be mapped, the seedpoint and plan reference being associated with the Folio that is subject to the charge. Registration of the partial discharge should then proceed by reference to the Plan No. If the charge has been acquired by NAMA, or its entity, please refer to the Legal Office Notice4/2011 entitled “NAMA Discharges”

Where the partial discharge is not mapped, and no suitable map is lodged, an appropriate entry should be made on Part 3 of the charged Folio. The partial discharge entry should describe the released property by reference to the Apartment/Unit No., Floor Level, Block and Development/Location. If the title to the charge is registered on the subsidiary register, a Property Note is to be inserted on Part 1A of the Subsidiary Folio.

In cases where a multi-storey tree has been set up, or in any other case where the discharged property will be disposed of by multi-storey lease, these should be dealt with in a similar manner to those cases where the partial discharge is not mapped.

In cases where there are large numbers of partial discharges lodged or anticipated, appropriate omnibus entries may be considered.

John Deeney,

Deputy Registrar of Titles

23rd of May 2011