In July 2024, the Government approved the Report of the Expert Group on Conveyancing and Probate. The report identified the main causes of delays to these processes, along with recommendations to address them. An Implementation Group was subsequently established to oversee the delivery of the recommendations.
Among the key findings from the Expert Group’s Report was that there are often problems where important information about a property is not available ‘upfront’ (e.g. planning information/building regulation/BER compliance, proof of ownership of property, authority/capacity to sell, availability of deeds, etc.), which can cause significant delays in the conveyancing process and, in some cases, cause property sales to fall through.
To address this issue, a number of measures are in the process of being implemented which are aimed at ensuring that vendors collate required information as early as possible in the sales process.
The Implementation Group is monitoring such measures to ensure that they are being implemented consistently and achieving the required outcomes.
With regard to title documents specifically, it is important to note that when a title is accepted for registration in the Land Registry, the original title documents are retained in a file called an Instrument and permanently filed in Tailte Éireann archives.
A folio is opened in respect of the property and generally it is not necessary to refer to the original title documents again. A copy of a folio, with or without a copy of the map outlining the property, can be obtained by any person from landdirect.ie on payment of the appropriate fee.
The National Land Register maintained by Tailte Éireann is conclusive evidence of legal ownership (title) of property in Ireland. The title shown on the folio is guaranteed by the State which is bound to indemnify any person who suffers loss through a mistake made by the Land Registry. A purchaser can, therefore, accept the folio as evidence of title without having to read the relevant deeds (Instrument).
It should be noted that Registration on the National Land Register occurs at the end of the conveyancing process, post purchase and draw down of funding, and in the vast majority of cases after the purchaser is in occupation of the property.
Registration of the legal effect of a property transaction should therefore not lead to any delay in the conveyancing process.
In a recently published guide by the Law Society to www.lawsociety.ie/globalassets/documents/news/2024/speed-up-your-property-sale.pdf the seller, or a practicing solicitor acting on their behalf, should have all of the required deeds and documents in order prior to putting the property on the market to avoid delays.
The seller, or their solicitor, should investigate the title to the property by reviewing the folio and where queries arise, they may apply to inspect a copy of any Instrument relating to the folio as the Registered Owner. Practicing solicitors acting for the registered owner can avail of electronic applications for Copy Instrument which have substantially shorter processing times. Further information is available on Tailte Éireann’s website: https://tailte.ie/practicing-solicitors-register-to-lodge-online-copy-instrument-applications/
