Registration of Deeds and Title Act 2006


Number 12 of 2006


REGISTRATION OF DEEDS AND TITLE ACT 2006

REVISED

Updated to 1 January 2018


This revised Act is an administrative consolidation of the Registration of Deeds and Title Act 2006. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Finance Act 2017 (41/2017), enacted 25 December 2017, and all statutory instruments up to and including Legal Metrology (Measuring Instruments) Act 2017 (Commencement) Order 2018 (S.I. No. 1 of 2018), made 4 January 2018, were considered in the preparation of this revision.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 12 of 2006


REGISTRATION OF DEEDS AND TITLE ACT 2006

REVISED

Updated to 1 January 2018


Introduction

This revision presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Registration of Deeds and Title Acts 1964 and 2006: this Act is one of a group of Acts included in this collective citation to be construed together as one ( Registration of Deeds and Title Act 2006 (12/2006), s. 1(2)). The Acts in this group are:

Registration of Title Act 1964 (16/1964)

Registration of Deeds and Title Act 2006 (12/2006), other than ss. 76 and 77

Annotations

This revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1991, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Minerals Development Act 2017 (23/2017)

Companies Act 2014 (38/2014)

Forestry Act 2014 (31/2014)

Central Bank and Credit Institutions (Resolution) Act 2011 (27/2011)

Credit Institutions (Stabilisation) Act 2010 (36/2010)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

National Asset Management Agency Act 2009 (34/2009)

Land and Conveyancing Law Reform Act 2009 (27/2009)

Criminal Justice (Mutual Assistance) Act 2008 (7/2008)

All Acts up to and including Finance Act 2017 (41/2017), enacted 25 December 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Property Registration Authority (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 574 of 2017)

European Union (Bank Recovery and Resolution) Regulations 2015 (S.I. No. 289 of 2015)

Registration of Deeds Rules 2013 (S.I. No. 387 of 2013)

Land Registration (Fees) (Amendment) Order 2013 (S.I. No. 21 of 2013)

Land Registration (Fees) Order 2012 (S.I. No. 380 of 2012)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Registration of Deeds (No. 2) Rules 2009 (S.I. No. 457 of 2009)

Land Registration (Fees) Order 2009 (S.I. No. 425 of 2009)

Registration of Deeds Rules 2009 (S.I. No. 350 of 2009)

Land Registration (Fees Relating to Discharges Lodged by Electronic Means) Order 2009 (S.I. No. 52 of 2009)

Registration of Deeds Rules 2008 (S.I. No. 52 of 2008)

Registry of Deeds (Fees) Order 2008 (S.I. No. 51 of 2008)

Registration of Deeds and Title Act 2006 (Commencement) Order 2008 (S.I. No. 1 of 2008)

Registration of Deeds and Title Act 2006 (S. 66)(Commencement) Order 2007 (S.I. No. 537 of 2007)

Registration of Deeds and Title Act 2006 (Establishment Day) Order 2006 (S.I. No. 512 of 2006)

Registration of Deeds and Title Act 2006 (Commencement) (No. 2) Order 2006 (S.I. No. 511 of 2006)

Registration of Deeds and Title Act 2006 (Commencement) Order 2006 (S.I. No. 271 of 2006)

All statutory instruments up to and including Legal Metrology (Measuring Instruments) Act 2017 (Commencement) Order 2018 (S.I. No. 1 of 2018), made 4 January 2018, were considered in the preparation of this revision.


Number 12 of 2006


REGISTRATION OF DEEDS AND TITLE ACT 2006

REVISED

Updated to 1 January 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citation and construction.

2. Commencement.

3. Interpretation.

4. Repeals and consequential amendment of Act of 1964.

5. Expenses.

6. Laying of orders and general rules before Houses of the Oireachtas.

PART 2

Property Registration Authority

7. Establishment day.

8. Definition ( Part 2 ).

9. Property Registration Authority.

10. Functions of Authority.

11. Membership.

12. Vacancies.

13. Membership etc., of Dáil, Seanad or European Parliament.

14. Disclosure of interests.

15. Non-disclosure of confidential information.

16. Meetings.

17. Committees, consultants and advisers to Authority.

18. Strategic plans.

19. Reports to Minister.

20. General policy directives.

21. Fees.

22. Chief Executive.

23. Chief Executive to be accounting officer.

24. Amendment of Comptroller and Auditor General (Amendment) Act 1993.

25. Attendance of Chief Executive before Oireachtas Committee.

26. Staff of Authority.

27. Transfer of staff to Authority.

28. Transfer of land and other property.

29. Preservation of contracts.

30. Pending proceedings.

31. Saving for certain acts.

PART 3

Registration of Deeds

32. Interpretation ( Part 3 ).

33. Registry of Deeds.

34. Transitional provision.

35. Register of deeds.

36. Registration of deeds.

37. Allocation of serial numbers.

38. Effect of registration.

39. Validity of certain registered deeds.

40. Rectification of errors.

41. Procuring registration of false deed.

42. Other records.

43. Searches.

44. Inspection, search and examination of records.

45. Evidence in proceedings.

46. Closing of Index of Lands.

47. Closing of certain other records.

48. General rules.

49. Saver for certain deeds.

PART 4

Other Amendments to Registration of Title Act 1964

50. Amendment of section 3.

51. Substitution of section 7.

52. Amendment of section 23.

53. Amendment of section 24.

54. Substitution of section 25.

55. Amendment of section 32.

56. Substitution of section 33.

57. Substitution of section 40.

58. Amendment of section 51.

59. Amendment of section 69.

60. Amendment of section 72.

61. Amendment of section 84.

62. Amendment of section 85.

63. Substitution of section 90.

64. Substitution of section 104.

65. Amendment of section 107.

66. Substitution of section 108.

67. Amendment of section 116.

68. Amendment of section 119.

69. Amendment of section 120.

70. Amendment of section 123.

71. New section 124A.

72. Amendment of section 126.

PART 5

Miscellaneous

73. Abolition of land certificates and certificates of charge.

74. Registration of Deeds and Title Rules Committee.

75. Reports by Committee.

76. Amendment of section 16 of Landlord and Tenant (Ground Rents) (No. 2) Act 1978.

77. Amendment of section 28 of Landlord and Tenant (Ground Rents) (No. 2) Act 1978.

78. Amendment of Ombudsman Act 1980 and Ombudsman for Children Act 2002.

SCHEDULE

Enactments Repealed

PART 1

Enactments relating to Registry of Deeds

PART 2

Enactments relating to Land Registry


Acts Referred to

Bankruptcy Act 1988

1988, No. 27

Building Societies Act 1976

1976, No. 38

Civil Bill Courts (Ireland) Act 1851

14 & 15 Vic., c. 57

Civil Service Commissioners Act 1956

1956, No. 45

Civil Service Regulation Acts 1956 to 2005

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Comptroller and Auditor General Acts 1866 to 1998

Courts of Justice Act 1936

1936, No. 48

Debtors (Ireland) Act 1840

3 & 4 Vic., c. 105

European Parliament Elections Act 1997

1997, No. 2

Family Home Protection Act 1976

1976, No. 27

Family Law Act 1995

1995, No. 26

Friendly Societies Act 1896

59 & 60 Vic., c. 25

Glebe Loan (Ireland) Amendment Act 1871

34 & 35 Vic., c. 100

Houses of the Oireachtas (Laying of Documents) Act 1966

1966, No. 10

Housing Act 1988

1988, No. 28

Industrial and Provident Societies Act 1893

56 & 57 Vic., c. 39

Irish Church Act 1869

32 & 33 Vic., c. 42

Judgement Mortgage (Ireland) Act 1850

13 & 14 Vic., c. 29

Land Purchase Acts

Land Reclamation Act 1949

1949, No. 25

Land Transfer (Ireland) Act 1848

11 & 12 Vic., c. 120

Landed Estates Court (Ireland) Act 1858

21 & 22 Vic., c. 72

Landed Property Improvement (Ireland) Act 1847

10 & 11 Vic., c. 32

Landed Property Improvement (Ireland) Act 1860

23 & 24 Vic., c. 153

Landlord and Tenant (Ground Rents) (No. 2) Act 1978

1978, No. 16

Local Government Act 2001

2001, No. 37

National School Teachers Residences (Ireland) Act 1875

38 & 39 Vic., c. 82

Ombudsman Act 1980

1980, No. 26

Ombudsman for Children Act 2002

2002, No. 22

Public Offices Fees Act 1879

42 & 43 Vic., c. 58

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 33

Record of Title (Ireland) Act 1865

28 & 29 Vic., c. 88

Registration of Deeds Act 1707

6 Anne, c. 2

Registration of Deeds Act 1709

8 Anne, c. 10

Registration of Deeds Act 1721

8 Geo. 1, c. 15

Registration of Deeds Act 1785

25 Geo. 3, c. 47

Registration of Deeds (Ireland) Act 1864

27 & 28 Vic., c. 76

Registration of Title (Amendment) Act 1997

1997, No. 35

Registration of Title Act 1964

1964, No. 16

Registry of Deeds (Ireland) Act 1822

3 Geo. 4, c. 116

Registry of Deeds (Ireland) Act 1832

2 & 3 Will. 4, c. 87

Registry of Deeds (Ireland) Act 1875

38 & 39 Vic., c. 5

Security of Trade Act 1731

5 Geo. 2, c. 4

Statute of Limitations 1957

1957, No. 6

Succession Act 1965

1965, No. 27


Number 12 of 2006


REGISTRATION OF DEEDS AND TITLE ACT 2006

REVISED

Updated to 1 January 2018


AN ACT TO ESTABLISH A BODY TO BE KNOWN AS AN tÚDARÁS CLÁRÚCHÁIN MAOINE OR, IN THE ENGLISH LANGUAGE, THE PROPERTY REGISTRATION AUTHORITY, WITH THE FUNCTIONS CONFERRED ON IT BY THIS ACT, INCLUDING THE MANAGEMENT AND CONTROL OF THE REGISTRY OF DEEDS AND THE LAND REGISTRY, TO REPEAL AND RE-ENACT, WITH AMENDMENTS, THE LAW RELATING TO THE REGISTRATION OF DEEDS AND OTHER DOCUMENTS AFFECTING LAND, TO AMEND THE LAW RELATING TO THE REGISTRATION OF TITLE TO LAND AND TO AMEND SECTIONS 16 AND 28 OF THE LANDLORD AND TENANT (GROUND RENTS) (NO. 2) ACT 1978.

[7 th May, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Prospective affecting provisions: application of collectively cited Registration of Deeds and Title Acts 1964 and 2006 restricted by Minerals Development Act 2017 (23/2017), ss. 112(5) and 149(4), not commenced as of date of revision.

Mining facilities acquisition order

112. ....

(3) On the making of a mining facilities acquisition order for the purpose of acquiring an ancillary surface right, the right is vested in the Minister on behalf of the State.

(4) On the making of a mining facilities acquisition order for the purpose of acquiring an estate or interest in land, the estate or interest is vested in the licensee.

(5) Notwithstanding the Registration of Deeds and Title Acts 1964 and 2006, the vesting of an ancillary surface right, estate or interest under subsections (3) and (4) that affects registered land occurs when the order is made.

...

Rehabilitation acquisition order

149. ...

(3) On the making of a rehabilitation acquisition order for the purpose of acquiring an estate or interest in land, the estate or interest is vested in the Minister on behalf of the State.

(4) The vesting of an estate or interest under subsection (3) that affects registered land occurs when the order is made notwithstanding the provisions of the Registration of Deeds and Title Acts 1964 and 2006.

...

C2

Functions transferred and references to “Department of Justice and Equality” and “Minister for Justice and Equality” construed (1.01.2018) by Property Registration Authority (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 574 of 2017), arts. 2 and 3, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Note change of Title of Minister and name of Department from Justice, Equality and Law Reform to Justice and Law Reform (2.06.2010) by Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of the functions transferred by Article 3 are transferred to the Department of Housing, Planning and Local Government.

(2) References to the Department of Justice and Equality contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Housing, Planning and Local Government.

3. (1) The functions vested in the Minister for Justice and Equality by or under— ...

( c) the Registration of Deeds and Title Act 2006 (No. 12 of 2006),

are transferred to the Minister for Housing, Planning and Local Government.

(2) References to the Minister for Justice and Equality contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Housing, Planning and Local Government.

C3

Charging of fees restricted (24.05.2017) by Forestry Act 2014 (31/2014), s. 21(5), S.I. No. 189 of 2017.

Registration under Act of 2006 of conditions and replanting orders

21. ...

(5) No fees shall be payable to the Authority in respect of any steps taken under this section.

C4

Application of collectively cited Registration of Deeds and Title Acts 1964 and 2006 restricted (15.07.2015) by European Union (Bank Recovery and Resolution) Regulations 2015 (S.I. No. 289 of 2015), reg. 76, in effect as per reg. 1(2).

Effect of transfer by resolution order in relation to securities.

76. (1) On and after a transfer under a resolution order or a capital instruments order, or a transfer having effect in the State in accordance with Regulation 126 in relation to property referred to in paragraph (3)(d) or (e) of Regulation 75, or a security referred to in subparagraph (f) of that paragraph, transferred by the relevant order or in accordance with Regulation 126—

(a) notwithstanding any provision of an Act referred to in paragraph (2) or any other Act that provides for the registration of assets or security, or any details of assets or security, a recipient is not required to become registered as owner of the security,

(b) notwithstanding sections 62 and 64 of the Registration of Title Act 1964 (No. 16 of 1964), a recipient has, in relation to any charge that is or is part of such a security, the powers of a mortgagee under a mortgage by deed, even though the recipient is not registered as owner of the charge,

(c) the recipient has the powers and rights conferred on the registered owner of a charge by the Registration of Title Act 1964, and

(d) where the resolution order effects an extension of, or in relation to the security so as to include future advances by or future liabilities to the recipient, the extension or inclusion need not be registered under any Act referred to in paragraph (2) under which it would otherwise be required to be registered but operates for the purposes of those Acts as if made by deed duly registered under that Act on the time of the transfer.

(2) The Acts referred to in paragraph (1)(a) and (d) are the following: ...

(d) the Registration of Deeds and Title Acts 1964 and 2006;

...

C5

Application of collectively cited Registration of Deeds and Title Acts 1964 and 2006 restricted (28.10.2011) by Central Bank and Credit Institutions (Resolution) Act 2011 (27/2011), s. 50, S.I. No. 548 of 2011.

Effect of transfer order in relation to securities.

50. (1) On and after the transfer of assets and liabilities under a transfer order, in relation to property referred to in paragraph (d) or (e) of subsection (4) of section 49 or a security referred to in paragraph (f) of that subsection, transferred by the order—

(a) notwithstanding any provision of an Act referred to in subsection (2) or any other Act that provides for the registration of assets or security, or any details of assets or security, a transferee is not required to become registered as owner of the security,

...

(d) if the transfer order effects an extension of or in relation to the security so as to include future advances by or future liabilities to the transferee, the extension need not be registered under any Act referred to in subsection (2) under which it would otherwise be required to be registered, but operates for the purposes of those Acts as if made by deed duly registered under that Act on the time of the transfer.

(2) The Acts referred to in paragraphs (a) and (d) of subsection (1) are the following:

...

(d) the Registration of Deeds and Title Acts 1964 and 2006;

...

C6

Application of collectively cited Registration of Deeds and Title Acts 1964 and 2006 extended (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), arts. 14(6) and 18(9), in effect as per art. 1(3).

Designation, amendment and de-designation of special areas of conservation

14. ...

(6) Any designation made under this Regulation, and any amendment or revocation thereof, may be registered under the Registration of Deeds and Title Acts 1964 and 2006, in the appropriate register maintained under those Acts as a burden on the land.

...

Designation, amendment and de-designation of special protection areas

18. ...

(9) Any designation made under this Regulation, and any amendment or revocation thereof, may be registered under the Registration of Deeds and Title Acts 1964 and 2006, in the appropriate register maintained under those Acts as a burden on the land.

...

C7

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 12 of 2006

Registration of Deeds and Title Act 2006

Sections 10(5)(a), 17(3) and (7), 21,

73(4), (6), (7) and (8)

...

...

...

C8

Application of collectively cited Registration of Deeds and Title Acts 1964 to 2006 restricted (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010), s. 40, S.I. No. 623 of 2010.

Effect of transfer order in relation to securities.

40. (1) On and after the transfer of assets and liabilities under a transfer order, in relation to property referred to in paragraph (d) or (e) of section 39 (4) or a security referred to in paragraph (f) of that section, transferred by the order—

(a) notwithstanding any provision of an Act listed in subsection (2) or any other Act that provides for the registration of assets or security, or any details of assets or security, a transferee is not required to become registered as owner of the security,

...

(d) where the transfer order effects an extension of or in relation to the security so as to include future advances by or future liabilities to the transferee, the extension need not be registered under any Act listed in subsection (2) under which it would otherwise be required to be registered, but operates for the purposes of those Acts as if made by deed duly registered under that Act on the date of transfer.

(2) The Acts referred to in paragraphs (a) and (d) of subsection (1) are the following:

...

(d) the Registration of Deeds and Title Acts 1964 and 2006

...

C9

Obligation imposed on National Asset Management Agency to send compulsory transfer order to Property Registration Authority under Act (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 169(3), S.I. No. 545 of 2009.

Form and effect of compulsory transfer order.

169. ...

(3) NAMA shall cause a compulsory transfer order to be sent to the Property Registration Authority under the Registration of Title Act 1964 and the Registration of Deeds and Title Act 2006. The Property Registration Authority shall cause NAMA or the nominated NAMA group entity referred to in section 163(1) to be registered as owner of the land in accordance with the order.

C10

Obligation imposed on National Asset Management Agency to send vesting order to Property Registration Authority under Act (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 155(4), S.I. No. 545 of 2009.

Effect of vesting order.

155.— ...

(4) NAMA shall cause a vesting order to be sent to the Property Registration Authority under the Registration of Title Act 1964 and the Registration of Deeds and Title Act 2006. The Property Registration Authority shall cause NAMA or the nominated NAMA group entity, as the case requires, to be registered as owner of the land in accordance with the order.

C11

Application of collectively cited Registration of Deeds and Title Acts 1964 and 2006 restricted (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 107(1)(a) and (2)(d), S.I. No. 545 of 2009.

NAMA not required to register certain instruments, etc.

107. (1) Where a bank asset has been acquired by NAMA or a NAMA group entity—

(a) notwithstanding anything in any Act listed in subsection (2) or any other Act that provides for the registration of assets, security or details of them, NAMA or the NAMA group entity is not required to become registered as owner of any security that is part of the bank asset.

...

(2) The Acts referred to subsection (1)(a) are the following:

...

(d) the Registration of Deeds and Title Acts 1964 and 2006;

...

Editorial Notes:

E1

Provision made for registration under this Act of certain orders relating to mergers and divisions of companies (1.06.2015) by Companies Act 2014 (38/2014), ss. 480, 503, 1144 and 1166, S.I. No. 169 of 2015.