Registry of Deeds Procedures

Introduction

Scope of Practice Direction

This Practice Direction encompasses the procedures to be followed where:

1. An application is made to register a deed in the Registry of Deeds, or
2. A requisition is received to carry out an official search in the Registry of Deeds.

Sections of the Act and Rules Applicable

• Registration of Deeds and Title Act 2006 “the Act of 2006”
• Sections 32 to 49 [Part 3] of the Act of 2006
• Section 8 Land and Conveyancing Law Reform Act 2009
• Registration of Deeds and Title Act 2006 (Commencement) Order 2008 [S.I. No. 1 of 2008.]
• Registry of Deeds [Fees Order] 2008 [S.I. No. 51 of 2008]
• Registration of Deeds Rules 2008 [S.I. No. 52 of 2008] “the 2008 Rules”
• Registration of Deeds Rules 2009 [S.I. No. 350 of 2009] “the 2009 Rules”
• Registration of Deeds (No. 2) Rules 2009 [S.I. No. 457 of 2009] “the 2009 (No. 2) Rules”
• Registration of Deeds Rules 2013 [S.I. No. 387 of 2013] “the 2013 Rules”

General

Pursuant to section 4 (1) of the Act of 2006 Act all the Acts under which the Registry of Deeds formerly operated are repealed and replaced with new provisions as set out in Part 3 of the Act of 2006 [Sections 32 to 49]. Part 3 of the Act of 2006 commences operation on the 1st May 2008 [S. I. No. 1 of 2008]. General rules for the Registry of Deeds commence operation on the 1st May 2008 [S.I. No. 52 of 2008]. Section 32(1) of the Act of 2006 provides a definition of “deed” and a list of documents which may be accepted for registration as deeds. This list is wider than the normal definition of a deed, i.e. a document under seal. Registration in the Registry of Deeds is voluntary and does not, of itself, give additional validity or force to the deed. The purpose of registration is to protect purchasers by enabling them to:

• search the records to be satisfied that there are no registered deeds ranking in priority to their proposed purchase and
• register their deed to obtain the statutory priority provided by the Act.

Registration gives statutory priority to the deed over other deeds affecting the same property that are either registered later or not registered at all.

The Application

The application must consist of the prescribed application form duly completed or sworn as appropriate, the original deed and the prescribed fee [where applicable]. The application form must be signed by the individual solicitor acting for the applicant. In the case of personal applications (i.e. applications by private individuals) the application must be made by way of the prescribed affidavit, except in the case of personal applications for registration of a Ground Rents Vesting Certificate [ROD Form 4 of the 2008 Rules]or registration of a Receipt [ROD Form 7 of the 2008 Rules] which may be signed by the applicant. On lodgement, each application is to be allocated a priority number. Fixed priority in order of lodgement must be maintained. In addition, the application form must contain the following:

1. name of deed
2. date of deed
3. all Grantors
4. all Grantees
5. a description of property (to include the County and Barony or the City, or Town, and Parish. The details given must be in deed).

The Deed

Registerable Deed

 A “registerable deed” means a document by which an estate or interest in land is created, transferred, charged or otherwise affected. Section 32 of the Act of 2006 [as amended by section 8 of the Land and Conveyancing Law Reform Act 2009] provides a non-exhaustive list of registerable “deeds”. This excludes any document affecting, or in so far as it affects, registered land. A lis pendens and a caution are not registerable in the Registry of Deeds. It may be presumed by the Authority that where an application is made for registration of a lease for a term not exceeding 21 years that the actual occupation is not in accordance with the lease. A lease of registered land executed on or after 26th May 2006 can only be registered in the Land Registry by virtue of section 58 of the Act of 2006.

Examination of Deed

The deed must be checked to ensure that it has been duly executed and that it identifies the relevant estate, right or interest in the property as unregistered, (without reference to a Land Registry Folio). However, a deed dealing with an unregistered estate, right or interest, which is carved out of registered land, should be accepted for registration. For example, an assignment of a lease, which is registered only as a burden on the Lessor’s Folio, may be presented for registration in the Registry of Deeds, notwithstanding that the assignment may refer to the Lessor’s Folio.

The deed  must also be checked to ensure that the relevant stamp certificate is attached.

The Revenue Commissioners commenced the operation of an e-Stamping system on 30th December 2009 in accordance with the Stamp Duty (E-stamping of Instruments) Regulations 2009 (S.I. No. 476 of 2009)

Deeds (instruments) submitted for stamping on or after 30th December 2009 no longer bear a holographic stamp in relation to duty paid and Particulars Delivered. The stamp certificate, which is printed down and attached to the deed, has replaced the holographic stamp.

Section 107 and Schedule 3 of the Finance Act 2012, which commenced on 7th July 2012, render stamp duty a fully self-assessed tax. There were a number of key changes:
Deeds executed on or after 7th July 2012 will not be adjudicated and the Revenue system will not offer that option to persons filing stamp duty returns. Where a deed, that is dated on or after 7th July 2012, is accompanied by a stamp certificate, it should be accepted for registration without query on the adequacy of stamp duty paid. Lodging parties should not, under any circumstances, be asked to submit such a Deed for adjudication.
In the event that a Deed is presented, without a stamp certificate issued by Revenue, and it is not a Deed creating a joint tenancy in a family/shared home or otherwise obviously exempt from stamping, it should be not be accepted for registration until the stamp certificate is produced or its absence satisfactorily explained. The procedures set down in the Stamp Duty – Legal Office Notice No. 4 of 2014 may be suitably adapted to the Registry of Deeds.

It is to be noted that a mortgage or debenture dated on or after 7th December 2006 is exempt from stamp duty by virtue of section 100 of the Finance Act 2007. All mortgage deeds including primary, collateral, additional and equitable mortgages together with conveyances/transfers of mortgages are now exempt from stamp duty.

A Particulars Delivered stamp must be impressed on the deed in the following instances:

• any conveyance or other transfer on sale of the fee simple of any land or interest in land
• any conveyance or other transfer operating as a voluntary disposition inter vivos of the fee simple of any land or interest in land
• the grant of any lease of any land for a term exceeding 30 years
• the assignment of any lease of any land where the unexpired term of that lease exceeds 30 years.

It is not necessary to have a Particulars Delivered stamp impressed on the deed in the following instances:

• any transaction creating a joint tenancy between spouses to which section 14 of the Family Home Protection Act, 1976 (No. 27 of 1976), relates
• any transaction pursuant to section 8 of the Housing (Miscellaneous Provisions) Act 1988.

Registration of Counterpart Deed

A counterpart deed is capable of registration in the Registry of Deeds.

• the counterpart deed will be endorsed to show registration of the original deed if it is presented at the same time as the original. A fee of €20 is payable for this service .
• the registration details will be endorsed on the counterpart deed when it is presented after registration of the original deed has been completed, on receipt of a written request for registration and the lodgement of an additional registration fee of €50
• if a counterpart deed is presented for registration instead of the original deed it will be registered as an original. In such instances the original deed cannot subsequently be registered.

In all cases counterpart registration fee will be validated on the original application form.

Fees

The fee payable is set out in the Registry of Deeds (Fees Order) 2008 [S.I. No. 51 of 2008]. A registration fee is not payable in the following instances:

• a transfer of the family home into the joint names of both spouses under section 14 of the Family Home Protection Act 1976
• a transfer of the shared home into the joint names of both partners under section 38 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
• a notice of marriage under section 12 of the Family Home Protection Act 1976
• a notice of the existence of a civil partnership under section 36 the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
• a Statement under section 3(8)(c), (inserted by section 54(1)(b)(ii)of the Family Law Act 1995), of the Family Home Protection Act 1976
• a Statement under section 28(11)(b) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
• court orders lodged directly by the Courts Service
• a certificate vesting property in the Official Assignee under section 44 of the Bankruptcy Act 1988 lodged directly by the Courts Service
• a record of the registration of ownership in the Land Registry under section 116 (2) of the Registration Title Act 1964 [as amended by section 67 of the Registration of Deeds and Title Act 2006].

Processing of Application

The application form is to be compared with the deed to ensure that:

• the application form relates to the deed
• the application form has been signed by the individual solicitor acting for the applicant
• the solicitor’s details are on the form or applicant’s details in the case of personal applications
• the application form has been correctly sworn where appropriate
• the name of the deed has been inserted
• the date of the deed has been inserted
• the fee is endorsed thereon where payable
• all grantors in the deed are listed correctly on the form
• all grantees in the deed are listed correctly on the form
• the property details are correct.

All other details entered on the form should be compared for accuracy against the deed (i.e details entered in the general description section of ROD Form 3). In the case of court orders, vesting certificates under the Bankruptcy Act the document must be a certified court office copy of the original, if not reject. In the case of assignments if the lease details are not provided on page two of ROD Form 1 or of ROD Form 1A, registration is to proceed. Before registration is effected, the office code indicating the nature of the deed and applicant code must be entered by the registering officer in the ‘official use’ section of the application form. Once the application form correctly reflects the details from the deed registration is to proceed:

• The Serial Number is to be allocated
• The details of the registration are to be recorded on the system
• The certificate of registration stamp is to be endorsed on the deed
• The deed is to be returned to the lodging party.

On registration of a judgment mortgage against a company the registering officer must ensure that a copy of the registered judgment mortgage application is forwarded immediately to the Companies Office, [as this document must be lodged in the Companies Office within 21 days of registration]. In all cases where the original registered document is not returned to the lodging party e.g. judgment mortgage application, court order, notice of marriage, statement under section 3(8) (c) (inserted by section 54(1)(b)(ii) of the Family Law Act 1995) it is the responsibility of the registering officer to direct that notification of the registration details is provided to the lodging party.

Registration of a receipt set out in section 32(1) (f) of the Act of 2006

Registration of a receipt of a mortgage is made on lodgement of the original mortgage with the receipt endorsed thereon as set out in section 32(1) (f) of theAct of 2006. The receipted mortgage must be accompanied by a completed application form and the prescribed registration fee. In these cases, registration is recorded against the original registration made in respect of the mortgage. Registration can proceed on lodgement of a counterpart receipted deed in the following circumstances:

• a Land Registry burden stamp is endorsed on the counterpart deed, or

• on lodgement of a solicitor’s letter stating that an original deed is lost/mislaid, or

• if the counterpart was the only deed registered (Check back of deed to ascertain if this was the case – the date stamp thereon will not bear letters “cpt” in cases where the original deed was not presented for registration)

In cases where the original deed is lost/mislaid, registration may also proceed when the receipt is endorsed on a certified copy of the memorial of the original registration. The application form is to be compared with the deed in accordance with the requirements set out in Chapter 6. The comparison must also ensure that the receipt has been endorsed on the correct deed having regard to the exceptions set out above and that the receipt is dated and duly executed.

Registration of a certificate of satisfaction of a judgment mortgage

Application for registration of a satisfaction of a judgment mortgage shall be made in ROD Form 1 or ROD Form 1A [Registration of Deeds (No. 2) Rules 2009 and Rule 6] as appropriate, accompanied by an affidavit or certificate of satisfaction or a discharge or release by the judgment creditor or his personal representative. The details of the original registration must be endorsed on the back of the document by the lodging party for reference purposes. These registration details are checked by a Registry of Deeds official against the registry record of the original record. If in order, the registration fee is paid. The registration is then effected by entry opposite, or at the foot of, the entry of the judgment mortgage to the effect that the judgment mortgage has been satisfied, or discharged or released. A judgment mortgage may also be discharged by a court order. The order is registered as an endorsement on the original record.

Rejections

General 

If an application is not in order for registration it is to be returned to the lodging party with the reasons for rejection clearly outlined. On re-lodgement of an application, it is deemed to be a new application and is to be processed accordingly.

Reasons for rejection 

Applications are to be rejected in the following instances;

• the documents lodged not capable of registration under section 32 of the Act of 2006
• the details on the application form are illegible or incomplete
• the date is omitted from the deed, but a date is inserted in the application form
• the application form is not signed by Solicitor or in the case of personal application under ROD Form 4 (Vesting Certificate Application) and ROD Form 7 (Receipt) (Vacate) the application form is not signed by applicant
• the receipt in respect of a vacated mortgage has been endorsed on the wrong deed and or the receipt is incomplete.
• a personal application is not in the prescribed form of affidavit [except where an application is made for registration of a vesting certificate. (ROD Form 4 of the 2008 Rules) or a receipt/ vacate (ROD Form 7 of the 2008 Rules)]
• an affidavit of personal applicant is incorrect or incomplete
• the deed is not executed
• no Particulars Delivered Stamp /Stamp duty impressed on the deed where applicable
• the application for registration of a judgment mortgage in Form 16 is not certified by the relevant court officer.
• no fee lodged where payable.

The direction of a Higher Executive Officer is to be obtained in any other instances where rejection of an application is under consideration.

Application for registration of documents other than those set out in Section 32(1)(a), (b), (c), (f), and (g) of the Act of 2006

The requirements for registration of documents other than those set out in section 32(1) (a), (b) (c), (f), and (g) are set out in Appendix 1.

Official Search

An application for an Official Search must be lodged in ROD Form 11 of the 2008 Rules and is to be processed as follows;

• The search criteria are to be entered on the system to record the search application and to establish the fee payable. The fee must then be paid
• The search is to be allocated on the system to a searcher
• The search of records is to be conducted in line with the search criteria
• The search results are to be provided to the lodging party in ROD Form 12 of the 2008 Rules.

Rectification of Errors

Errors in the Registry records are to be rectified in accordance with the requirements of section 40 of the Act of 2006 under direction of a Higher Executive Officer. On rectification, an explanation of the error is to be recorded against the entry on the system or manual record as appropriate.

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Tailte Éireann

Appendix 1

The requirements for registration of documents other than those set out in section 32(1) (a),(b) or (c) of the Act of 2006.