From 1st May 2008 the Memorial has been replaced by the ROD Application Form. The lodging party lodges the Deed together with the relevant ROD Application form. The ROD Application Form is then recorded and filed in the Registry of Deeds (the original deed is returned to the lodging party). The Application Form contains the date of the deed, names of the parties to the deed and a description of the property affected by the deed.
A deed transferring the ownership of property from one party to another; a conveyance may be for monetary consideration or may be voluntary.
A Deed is a writing on paper, vellum or parchment, whereby an interest, right or property passes, or an obligation binding on some person is created, or which is affirmance of some act whereby an interest, right or property has passed.
Section 32 of the 2006 Act sets out a list of documents that come within the definition of ‘deed’ including a conveyance, an assent a Vesting Certificate and any other documents as may be prescribed.
“Deeds of Release of Charge” (See Vacates)
A Deed of Release by a Lender, whether drawn up as a separate deed or forming part of a previously registered mortgage deed, comes under Item 1 in the Schedule to the Registry of Deeds (Fees) Order 2008. The fee payable is €50.00 and the deed of release must be accompanied by ROD Form 6 in the Schedule of Forms in the Registry of Deeds Rules 2008. Rule 12(1) refers.
Vendor or Lessor.
Purchaser or Lessee.
The document recorded and filed in the Registry of Deeds from 1708 to 30th April 2008 is a Memorial which is essentially a synopsis of the relevant parts of the Deed and which contains other statutory requirements. From 1st May 2008 the Memorial has been replaced by the ROD Application Form.
“Register of Deeds”
The “Register” in the 2006 Act means the register of deeds maintained under Section 35 of that Act. The original Deed is not filed in the Registry but is returned to the lodging party. The Application Form (formerly called a Memorial) is filed as a record in the Registry of Deeds.
“Unregistered land” is property the title to which is not registered or deemed to be registered in the Land Registry under the Registration of Title Act 1964. The existence of deeds in relation to such property should be recorded in the Registry of Deeds. There is no statutory requirement to register a document but failure to do so may result in a loss of priority. The effect of registration is generally to govern priorities between documents dealing with the same piece of land.
“Vacates of Mortgages” (see Deeds of Release of Charge)
A Vacated Mortgage is an acknowledgment under seal by the lender of receipt of all monies due under the deed endorsed on the original mortgage. It comes under Item 8(b) in the Fees Order. The fee payable is €20.00 and the vacated mortgage must be accompanied by ROD Form 7 in Registry of Deeds Rules 2008. Rule 12(2) refers.
Published 11 August 2010