Transfer – Application for registration of a change of ownership
Currently, Tailte Éireann finds that, on average, 15% of applications involving a Deed of Transfer are rejected each year, often for routine errors. This short video will cover the main reasons why an application to register a transfer is either rejected or queried. A printable checklist, covering the steps you should take in preparing your applications, is available below.
Document Required – Form 17, Fees and Revenue e-Stamp Certificate
Please note: Fees are calculated based on the consideration in the deed. Also, if the Deed of Transfer involves transferring part of a Folio thereby requiring the opening of a new Folio, an additional fee is payable.
Document Required – Transfer
The Deed of Transfer must:
- Be dated.
- Be in the correct format. See Forms
- Identify the correct Folio number and County throughout the deed.
Capacity of Transferor:
- The Transferor must be the person entitled to transfer the property that is the subject of the application as of the date on the Deed of Transfer.
- If the Transferor is the current registered owner of the Folio being transferred, they must be clearly identified as such in the deed.
- If the Transferor is transferring as the person entitled to become the registered owner, the reason for this entitlement must be clearly stated on the deed e.g. reference to an earlier Deed of Transfer in a pending application.
- If the Transferor is transferring as the Legal Personal Representative of a deceased registered owner, this must be clearly stated in the Deed of Transfer and the Grant of Probate or Letters of Administration must be lodged.
The operative clause must:
- Identify the Folio number and County of the property being transferred.
- Identify the parties to the deed by their name(s) and address(es) within the State.
- Make reference to the consideration i.e. whether it is for Value or for Natural Love and Affection.
- Identify the new ownership interests, i.e. sole owner, joint tenancy or a tenancy-in-common where the share allocation must also be specified.
- Contain the words “…hereby transfers”.
Identifying the property:
- The Deed of Transfer must clearly identify the property to be transferred by reference to a Folio number.
- If the deed transfers part only of a Folio, a map acceptable for registration purposes must be lodged and referred to in the property description in the schedule of the deed e.g. “outlined in red and labelled “A” on the map attached”.
- The property description in the schedule to the deed must reflect exactly what is delineated on the corresponding application map.
Please note: An exception to a requirement for a map is where the Deed of Transfer states that it affects all of an existing plan or property number on a Folio.
The Transferor/Transferee must assent to the registration of any burdens included in the deed that affect their property.
The Deed of Transfer must be executed and property attested by all requisite parties, including the transferor and transferee as appropriate.
Documents that may be required to support the application, for example:
- An application map that complies with the requirements as set out in the Mapping Guidelines.
- Original Grant of Probate/ Letters of Administration.
- Certificate of Incorporation if a party to the deed is a company.
- Documentation required where the transferee is a foreign company including address in the State.
- Official copy or Original Court Order if Deed of Transfer is pursuant to same.
- Original or certified copy of Power Attorney & accompanying Legal Statement where appropriate. See Legal Office Notice 3 of 2010.
- Original Deed of Appointment of a Receiver.
- Documentation required where a Liquidator is dealing with the property.
Important Information regarding Transfers:
All part 3 burdens must be satisfactorily dealt with. On a transfer of part, any burden registered on part 3 of the parent Folio will be carried over to the new Folio unless a discharge/release for same has been received or it is clear from inspection of the parent Folio that it does not affect that part of the property being transferred.
Please note the following:
Any ambiguity throughout the documentation will have to be queried by Tailte Éireann. The effect of the deed should be clear and unambiguous. Please also ensure consistency across the documentation in such things as the spelling of names and addresses, Folio numbers and property descriptions. You may wish to pre-empt a query by explaining any discrepancies (e.g. maiden names/married names, etc.).
You may avail of our eRegistration service. This allows practitioners to draft Deeds of Transfer using information from the Land Register; securely circulate documents to other parties; pay fees and correspond electronically with Tailte Éireann. For more information, please log on to www.eregistration.ie.