IE
(LRC Revised)
Statutory Text (1 Articles)
Number 12 of 2006
REGISTRATION OF DEEDS AND TITLE ACT 2006
REVISED
Updated to 31 July 2023
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
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 the
Wildlife (Amendment) Act
2023
(25/2023), enacted 20 July 2023, and all statutory instruments up to and
including the
Courts and Civil Law (Miscellaneous Provisions) Act 2023 (Commencement)
Order 2023
(S.I. No. 389 of 2023), made 28 July 2023, 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 31 July 2023
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.
(
Repealed
)
8.
Definition (
Part 2
). (
Repealed
)
9.
Property Registration Authority.
(
Repealed
)
10. Functions of Authority.
11.
Membership.
(
Repealed
)
12.
Vacancies.
(
Repealed
)
13.
Membership etc., of Dáil, Seanad or European Parliament.
(
Repealed
)
14.
Disclosure of interests.
(
Repealed
)
15.
Non-disclosure of confidential information.
(
Repealed
)
16.
Meetings.
(
Repealed
)
17.
Committees, consultants and advisers to Authority.
(
Repealed
)
18.
Strategic plans.
(
Repealed
)
19.
Reports to Minister.
(
Repealed
)
20.
General policy directives.
(
Repealed
)
21.
Fees.
(
Repealed
)
22.
Chief Executive.
(
Repealed
)
23.
Chief Executive to be accounting officer.
(
Repealed
)
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 31 July 2023
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
Functions transferred and
references to "the Property Registration Authority" construed (1.03.2023) by
Tailte Éireann Act 2022
(50/2022), ss. 27, 28, 29, S.I. No. 66 of
2023.
Dissolution of bodies
27.
Each of the following
bodies (in this Act referred to as a “dissolved body”) is dissolved on the
establishment day
(
a
) the Property
Registration Authority;
...
Transfer of functions to Tailte
Éireann
28.
On the establishment
day, all functions that, immediately before the establishment day, were vested
in—
(
a
) a dissolved body,
...
are transferred to Tailte
Éireann.
...
References in
enactments
29.
References in any
enactment (other than this Act) or any instrument made under such an enactment,
to—
(
a
) a dissolved body,
...
shall, on and after the
establishment day, be construed as references to Tailte Éireann.
…
C2
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.
...
C3
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.
C4
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.
C5
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;
...
C6
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;
...
C7
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.
...
C8
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)
...
...
...
C9
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
...
C10
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.
C11
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.
C12
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.
Annotations
Modifications (not altering text)
C1
Functions transferred and
references to "the Property Registration Authority" construed (1.03.2023) by
Tailte Éireann Act 2022
(50/2022), ss. 27, 28, 29, S.I. No. 66 of
2023.
Dissolution of bodies
27.
Each of the following
bodies (in this Act referred to as a “dissolved body”) is dissolved on the
establishment day
(
a
) the Property
Registration Authority;
...
Transfer of functions to Tailte
Éireann
28.
On the establishment
day, all functions that, immediately before the establishment day, were vested
in—
(
a
) a dissolved body,
...
are transferred to Tailte
Éireann.
...
References in
enactments
29.
References in any
enactment (other than this Act) or any instrument made under such an enactment,
to—
(
a
) a dissolved body,
...
shall, on and after the
establishment day, be construed as references to Tailte Éireann.
…
C2
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.
...
C3
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.
C4
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.
C5
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;
...
C6
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;
...
C7
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.
...
C8
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)
...
...
...
C9
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
...
C10
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.
C11
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.
C12
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.
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.
(
Repealed
)
8.
Definition (
Part 2
). (
Repealed
)
9.
Property Registration Authority.
(
Repealed
)
10. Functions of Authority.
11.
Membership.
(
Repealed
)
12.
Vacancies.
(
Repealed
)
13.
Membership etc., of Dáil, Seanad or European Parliament.
(
Repealed
)
14.
Disclosure of interests.
(
Repealed
)
15.
Non-disclosure of confidential information.
(
Repealed
)
16.
Meetings.
(
Repealed
)
17.
Committees, consultants and advisers to Authority.
(
Repealed
)
18.
Strategic plans.
(
Repealed
)
19.
Reports to Minister.
(
Repealed
)
20.
General policy directives.
(
Repealed
)
21.
Fees.
(
Repealed
)
22.
Chief Executive.
(
Repealed
)
23.
Chief Executive to be accounting officer.
(
Repealed
)
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
Number
12
of
2006