Frequently Asked Questions and Glossary
This section provides answers to some frequently asked questions we receive at the Registry of Deeds.
What is the difference between the Land Registry and the Registry of Deeds?
There are 2 separate systems for recording property transactions in Ireland
- The Registration of Title system (Land Registry) which provides a State-guaranteed title to property.
- The Registration of Deeds system (Registry of Deeds) which records the existence of deeds and conveyances affecting property.
Both systems are part of the Registration Services provided by Tailte Éireann. The two systems are mutually exclusive in the sense that a particular transaction relating to land the title will be either:
- “unregistered” (i.e. the title is not yet registered in the Land Registry and so the Registry of Deeds system applies) or
- “registered” (i.e. the title has been registered in the Land Registry and there is no need to consult the Registry of Deeds)
You can use LandDirect.ie to check whether a property is registered in the Land Registry. If the property is unregistered, the Registry of Deeds system may apply.
A failure to record the existence of a deed at the Registry of Deeds may result in that document losing priority to a subsequent document which is recorded.
Are the Deeds retained in the Registry of Deeds?
I have lost my deeds. Can I get a copy of them?
Can I get a map of my property?
Who is the owner of the house/property down the road, next door etc?
The Registry of Deeds system does not record ownership of property. It records the existence of Deeds relating to property transactions. We can only carry out a search if you can provide the name of the previous owner of the property (the Grantor) and an approximate time period when the property was sold.
A search in the Registry of Deeds will disclose only whether documents have been executed dealing with the land in question – to discover the effect of these documents the documents themselves (which are not retained by the Registry of Deeds) will have to be examined.
How can I find out what happened to the property on the death of the owner?
Who owns a right of way?
A right of way which is granted in a Deed of Grant of Right of Way may be recorded in the Registry of Deeds.
Where a right of way is referred to in a Deed of Conveyance, the specific details of such a right of way may not be recorded in the Registry of Deeds.
What Registry of Deeds searches do I need when I am getting my Ground Rents Vesting Certificate registered in Land Registry?
I have paid of my mortgage, how do I register the vacate?
Glossary of Terms
We have compiled a list of common terms which are used in Registry of Deeds.
- “Application Form” From 1st May 2008 the Memorial has been replaced by the ROD Application Form. The lodging party lodges the Deed together with the relevant ROD Application form. The ROD Application Form is then recorded and filed in the Registry of Deeds (the original deed is returned to the lodging party). The Application Form contains the date of the deed, names of the parties to the deed and a description of the property affected by the deed.
- “Conveyance” – A deed transferring the ownership of property from one party to another; a conveyance may be for monetary consideration or may be voluntary.
- “Deed” – A Deed is a writing on paper, vellum or parchment, whereby an interest, right or property passes, or an obligation binding on some person is created, or which is affirmance of some act whereby an interest, right or property has passed.
- “Deeds of Release of Charge” (See Vacates) – A Deed of Release by a Lender, whether drawn up as a separate deed or forming part of a previously registered mortgage deed, comes under Item 1 in the Schedule to the Registry of Deeds (Fees) Order 2008. The fee payable is €50.00 and the deed of release must be accompanied by ROD Form 6 in the Schedule of Forms in the Registry of Deeds Rules 2008. Rule 12(1) refers.
- “Grantor” – Vendor, Lessor or Mortgagee.
- “Grantee” – Purchaser, Lessee or Mortgagor.
- “Memorial” – The document recorded and filed in the Registry of Deeds from 1708 to 30th April 2008 is a Memorial which is essentially a synopsis of the relevant parts of the Deed, and which contains other statutory requirements. From 1st May 2008 the Memorial has been replaced by the ROD Application Form.
- “Registered Land”- The title has been registered in the Land Registry and there is no need to consult the Registry of Deeds.
- “Unregistered Land” – “Unregistered land” is property where the title is not registered or deemed to be registered in the Land Registry under the Registration of Title Act 1964. The existence of deeds in relation to such property should be recorded in the Registry of Deeds. There is no statutory requirement to register a document but failure to do so may result in a loss of priority. The effect of registration is generally to govern priorities between documents dealing with the same piece of land.
- “Vacates of Mortgages”– (see Deeds of Release of Charge) – A Vacated Mortgage is an acknowledgment under seal by the lender of receipt of all monies due under the deed endorsed on the original mortgage. It comes under Item 8(b) in the Fees Order. The fee payable is €20.00 and the vacated mortgage must be accompanied by ROD Form 7 in Registry of Deeds Rules 2008. Rule 12(2) refers.