Please note that all applications undergo a Validation check on lodgement.
Applications will be rejected on the first error identified at Validation stage.
Practitioners must ensure that they consult the Practice Directions, all relevant Legal Office Notices, Land Registry Rules, Forms and Registration Mapping Guidelines available on our website to ensure their applications are in order before lodgement.
Previously rejected applications
- Where a full set of written rulings has issued on a previously read and rejected application, these rulings must be addressed in full on re-lodgement of the application. If they are not addressed in full, then the re-lodged application will be rejected.
Fees
- The correct fees for the application must be submitted. Please consult the Fees Order under the fees resources section.
- If you are re-lodging a previously rejected application you must ensure that you have followed the re-lodgement procedure as set out here How to Relodge a Rejected Application
- Have you calculated the correct fee for all application types in your application?
Personal Applicants
- Personal Applicant’s Identification Form must be fully completed.
- Are you lodging this application on behalf of yourself? If yes, all the applicants to this application must complete a Personal Applicant Identification Form
- Note: each application must be accompanied by a correctly completed Form 17
- Are all the personal applicants named on the Form 17 as both applicants and lodging party?
- Have all the personal applicants signed the Form 17?
- Has the Form 17 been dated?
Form 17
- Form 17 must be signed by an individual solicitor (or, if no solicitor acting, by all the applicants).
- Form 17 must be fully completed and dated.
- Are the applicant(s) name(s) and address(es) in the State for service of notices cited on the Form 17 and are these details correct?
- Where applicable are the Lending Institution name(s) and address(es) in the State for service of notices cited on the Form 17 and are these details correct? (i.e. the name of the lender must be the same on the Form 17 and on the deed lodged for registration.)
- Please ensure applications created via landdirect are lodged within 28 days of creation otherwise the application number will expire.
- Please ensure the completed Form 17 is printed before exiting landdirect.
Supporting Documents
- A certificate of discharge from CAT must be lodged.
- All grants of probate with wills annexed, or letters of administration and certificates of any deaths where required must be exhibited.
Mapping
- An application Map that meets the requirements set out in the Registration Mapping Guides, must be lodged where necessary.
- Does the Form 6 application relate to all of a Folio or to all of a Plan of a Folio? If no, has a map been obtained which complies with current Registration Mapping Guidelines.
- The map must only include the property that is being applied for and not a property that is unrelated to the application. Any unregistered property should be dealt with in a separate Form 5 application.
- The description in the First Schedule of the Form 6 must match the map.
- e.g. the property shown outlined in red and marked “A”
- Is the property a multi-story building (MSB) e.g. Apartment, Shopping centre, etc.? If yes, has a separate location map(s) and a separate floor plan(s) map been prepared and obtained for lodgement with this application?
Form 6 Affidavit
- The Form 6 affidavit must be in the prescribed form i.e. Form 6 of the Schedule of Forms to the Land Registration Rules 2021.
Paragraph 1
- The affidavit must be less than 1 year old.
- If this is a re lodgement of a previously rejected application, you may need to update the Form 6 affidavit to ensure it is dated within 1 year of lodgement.
- Applicant should not apply as personal representative of the deceased person formerly in possession unless evidence is lodged of a contract for sale that is dependent on registration.
- The affidavit must be sworn by the Applicant(s), or in the case of a Company by the Secretary, or in the case of a Local Authority by the Law Agent/duly authorised signatory. If sworn by a Director then he/she must state they are authorised to make the affidavit and that they have the requisite means of knowledge.
- The Form 6 Affidavit must be sworn not declared.
- All applicants must apply (ensure all applicants have sworn the affidavit).
- The affidavit must claim at least the relevant statutory limitation period (generally 12 years for an individual, 30 for State property, 60 years for Foreshore).
- All exhibits referred to in the affidavit must be exhibited and be as stated (e.g. original, certified copy, plain copy etc.).
Paragraph 2
- All deeds and documents referred to must be exhibited.
- All deaths on the title must be evidenced, or if not evidenced, an explanation provided as to why no evidence can be produced.
- A continuous chain of possession of the property of sufficient duration from the commencement of possession by the applicant, or their predecessors to date must be shown.
- Where a party in the chain of possession is a dissolved company, the implications of Section 28 of the State Property Act, 1954 (vesting of property in the Minister) must be dealt with.
- All parties who may have had some claim to the property, whether on possession or entitlement under an estate, must be accounted for.
- The position of any person with a disability must be accounted for.
- Where an older affidavit/declaration is relied on, the veracity of the affidavit must be affirmed by the current applicant.
Paragraph 3
- The use must be sufficient and it must be inconsistent with the interests of the true owner.
- e.g. grazing is not sufficient evidence on its own.
- The use should not be intermittent, or of insufficient frequency, to be regarded as possession.
- If other people have used the property, it must be shown how their use does not amount to possession
Paragraph 4
- If the property has been subject to a rent, evidence of the determination of the tenancy must be provided.
Paragraph 5
- Appropriate deletions/modifications made.
Paragraph 6
- If the property is used in conjunction with leasehold property, evidence must be lodged to rebut the presumption of encroachment.
Paragraph 7-12
- In the prescribed format – appropriate modifications/deletions made.
- Required exhibits must be lodged.
Paragraph 13
- The title being applied for (Absolute, Possessory, Good Leasehold or Qualified) must be specified. If applying as tenants in common, the shares must be specified.
First Schedule
- The description of the property in the schedule must conform to the application map, or it must be the entire folio or an entire plan/property of the folio.
- e.g. the property edged in red and marked “A”
Second Schedule
- Dispossessed owners/successors must be identified and addresses provided. Where addresses are not available, evidence of searches for the person must be provided.
- Where the dispossessed owner(s)/successors names and addresses for service of notices have not been provided in the Second Schedule, then details of searches carried out to identify the dispossessed owners must be provided in the Second Schedule and/or the applicant must have claimed a minimum of 30 years possession.
- All adjoining owners’ names and current addresses must be provided.
Jurat
- The jurat must be in order (has been signed, witnessed, dated, and if a third party identifies then they must also sign the form etc.)
- Affidavits and Statutory Declarations for use in proceedings in the Registry, in compliance with Rule 168(2) of the Land Registration Rules 2012, and Order 40, Rule 7, of the Rules of the Superior Courts, may be taken in any foreign country or place:
- Before any Irish diplomatic or consular representative or agent exercising his functions in that country or place, or
- When there is no such representative or agent as at (a) above or no such representative or agent conveniently near to the deponent in such country or place before any notary public lawfully authorised to administer oaths in that country or place, or
- Where such country or place is a part of the British Commonwealth of Nations or a British possession before any judge, court, notary public, or person authorised to administer oaths in such part or possession