What is the function of the Registry of Deeds?
The Registry of Deeds was established in 1707 to provide a system of voluntary registration for deeds and conveyances affecting land and to give priority to registered deeds over unregistered registrable deeds. The Registry of Deeds currently operates under the provisions of part 3 of the Registration of Deeds and Title Act 2006.
The Registry of Deeds is under the control and management of the Property Registration Authority under the 2006 Act (sections 4 and 10 refer).
When a deed is registered in the Registry of Deeds it is not filed there; it is returned to the party who delivered it for registration.
New Registry of Deeds Rules come into effect from May 1st 2008. The main changes are
- the Memorial has been replaced by the Application Form
- Priority is fixed in order of lodgement
- serial numbers will be used
- Official Search to replace Negative or Common searches
Some Definitions:
“Deed”:Section 32 of the 2006 Act sets out a list of documents that come within the definition of ‘deed’ including a conveyance, an assent under the Succession Act 1965, a Vesting Certificate under the Landlord and Tenant (Ground Rents) (No 2) Act 1978 and any other documents as may be prescribed. This is a restatement of the definition of deed in the Registry of Deeds Acts and subsequent legislation and adds “any other document as may be prescribed” [Section 48 of the Act]
“Register of Deeds”: The “Register” in the 2006 Act means the register of deeds maintained under section 35 of that Act.
The Registration of Deeds Rules 2008 set out the procedures for the registration of deeds. The Rules were drawn up by the Registration of Deeds and Title Rules Committee pursuant to the powers conferred on them by Section 48 of the 2006 Act.
Pursuant to Section 37 of the 2006 Act a serial number is allocated to every application for registration. Section 38 provides that the priority accorded to registered documents is based on the serial numbers allocated under Section 37.
Section 41 provides that a person who procures registration, or attempts to procure registration, by means of a false deed or of a deed knowing the signature to be false, is guilty of an offence and liable on summary conviction, to a fine not exceeding €3,000 or to imprisonment not exceeding 12 months or both; on conviction on indictment, to a fine or imprisonment for not exceeding 5 years or both.
Section 46 provides that the Index of Lands, which has not been maintained for almost 60 years is deemed to have been closed on the 31st of December 1946.
Section 47 provides that certain other records [e.g. Day Book, Abstract Book and Transcript Book] are deemed to have been closed during the periods when they were not properly maintained.
The document filed in the Registry of Deeds from 1708 to 30th April 2008 is a Memorial which is essentially a synopsis of the deed and also contains other statutory requirements. From 1st May 2008 the Memorial has been replaced by an Application Form. The Application Form contains the date of the deed, details of the parties to the deed and a description of the property that the deed affects.
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Any person can carry out a search of the records in the Registry of Deeds to discover the existence of deeds affecting a piece of property. However, he/she must read the actual deeds to examine the title to the property. A memorial/application form relating to a deed may serve as evidence of the contents of a lost deed.
What services are provided for the public by the Registry of Deeds?
- Registration of Deeds
- Search facilities
- Copy facilities
- Official Searches
- Genealogical Services
The records of the registry in respect of all registrations up to and including 31st December 1969 are held in paper format. Records from 1st January 1970 to date are held in electronic format.
Records - manual, micro-film and computer
1. Memorial:
Manual: 1708 -
Application Form: 1/5/2008 - date
Microfilm of both: 1/1/1930 - date
A copy of the memorial/application form is the fullest statement of the contents of a deed the Registry of Deeds can supply.
2. Transcript Book:
1708 - Book 5 1951 and
Book One 1956 - Book 7 1960
Memorials were fully transcribed and copied into books. However, not all memorials were copied.
3. Abstract Book:
Manual: 1833 - 1969
An Abstract gives the registration number (Year, Book & No.), Date of Registration, Name and Date of Instrument, the names of the Grantor and one Grantee, consideration (if any), the description of the property and general nature of the instrument.
4. Lands Index:
1709 - 1946
The reference number of the memorial was indexed in Volumes assigned to a County, City or Corporate town under each denomination affected, i.e. the name of the townland in a County or of the Street in a City or Town and shows the first Grantor and Grantee. References to Abstract Book and Transcript Book are given.
5. Names Index:
Manual: 1708 - 1969 and 1/1/1977 - 30/9/1978
This is an Index of Grantors only. The reference number to the memorial is indexed under the surname of the party or parties granting, and up to 1975 the names index shows the name of the Grantee. After 1975 the names index shows the premises affected instead of the Grantee. Reference to Abstract Book and Transcript Book are shown.
A microfilm copy of the Names Index 1708 - 1929 is available in the National Library.
6. Computer Records:
1/1/1970 to date
The computer records contain the records formerly held in paper format in the Abstract and Names Index books. The computer records of a registration are accessed by requesting a system search against the name of a party that granted an interest in the property to another party, i.e. a vendor or mortgagor.
Registry of Deeds Searches
Who is entitled to Search?
Anyone, on payment of the prescribed fee.
The records, except for the Registration Book, are available to the public.
Types of Searches
1. Hand Search made by any member of the public.
2. Official Search after which a certificate of its result issues.
Search Procedure - Names index
Generally a Names Index Search is done. It is a Search against the name to find out what Deeds have been registered affecting a particular property.
Please click here for contact points if you wish to contact us in relation to any of the services provided
Other Forms:
Vacate Lodgement Slip
Form RAMIS 2
Lodgment receipt for Deed and Application Form presented for comparison
Requisition for copy memorial/copy application form