Registration of Title and Deeds

Question 1

Reg of title
Explain context

Answer 1

Registration aims to simplify the conveyance of the land.
benefits the purchaser as they can see :
Who owns the land
the boundaries of the land
existence of any 3rd party interests like mortagges or easements

Question 1

Benefits of reg

Answer 1

Economically, because it simplifies the conveyance, that will require less legal work and lower the legal costs which will in turn lower the price paid for the pruchase

Question 2

Negatives of reg

Answer 2

Unfairness insofar as some ppl cant afford to register or cant get legal advice etc.

Registration tries to balance this

Question 3

What case talks about the aims of registered land

Answer 3

Williams v Boylan

Aims of land registry
To simplify the conveyance
to remove the need for tons of deeds and replace it with one single document
to remove the need for investigation of title
to remove the hazard of notice

Question 4

What are the principles of Registrarion of title

Answer 4

Curtain principle: registry is a curtain that one need not look behind, ie . you can solely be reliant on the land registy

Mirror principle: entry is a mirror of the actual facts in relation to the property

Insurance principle: Guarantees that if theres an error on part of the registry, compensation will be paid.

Question 5

Publicity v Privacy
England v ireland

Answer 5

England- presumption of a public register subject to the payment of a small fee
Ireland-presumption of privacy subject to limited exceptions

Question 6

State cases

Answer 6

Quinn v Property Regulation Authority
Asked whether giving discretion to PRA to permit ppl to access register meant that the Irish register was public

Held: Hogan J noted that registered owners of land have direct access to their entry and can consent to their having access.
Stated that there is a general presumption of privacy/confidentiality subject to limited exemptions.

Mcguiness v PRA

Onus on the person seeking to gain access to the regitry to assert with legitimate evidence interest ain why they should be graned access to the relevant entry

Question 7

The distinction between the land registry and registry of deeds

Answer 7

LAnd registry: registered land
Registry of deeds: Unregistered land

Question 8

How was PRA created

Answer 8

Through registration of deeds and titles act 2006
They are an executive body but also do comment and rule on important legal matters

Question 9

What leg provides duties on PRA

Answer 9

Section 10 of reg of deeds and titles act

Question 10

Section 10 of reg of deeds and titles act

Answer 10

Duty to:
MANAGE AND CONTROL REGISTERS
Encourage more registartion

Question 11

What other stature

Answer 11

Sections 18 and 19 of reg of deeds and titles act

Question 12

Sections 18 and 19 of reg of deeds and titles act

Answer 12

Provides that because thtat they work on important legal matters they can be subject to appeal in HC and CC and can pose questions to the courts.

Question 13

Functions/ aims of the land registry
State case and exzplain

Answer 13

Davy properties v O’Sullivan
The Main aim is to provide certainty in respect to the property. State made registry in an active decision and therefore they have to manage and invest in it:
Must keep all info on registry up to date
Must process registry applications

This is key as a functioning reg system is essential for market

Question 14

Conclsuivity of register
Name statute

Answer 14

S31 of reg of title act 1964

Question 15

S31 of reg of title act 1964