Land Certificates Return and Retention Policy – Legal Office Notice No. 1 of 2010

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Return of Land Certificates

Section 73(1) of the Registration of Deeds and Title Act 2006, which came into operation on 1st January 2007,  provides that, as and from the commencement of the section, the Property Registration Authority shall cease to issue Land Certificates and Certificates of Charge under the Registration of Title Act, 1964.

Section 73(2) of the 2006 Act provides that Land Certificates and Certificates of Charge issued before commencement of section 73, which are not already cancelled, will cease to have force or effect three years after the commencement of the section. With effect, therefore, from 1st January 2010, Land Certificates and Certificates of Charge ceased to have force or effect.

Date of Registration for Dealings lodged up to 31st December 2009

Where a dealing was lodged prior to 1st January 2010 for which a Land Certificate was required but not lodged, the dealing may now be completed with a registration date of 4th January 2010.  Prior to settling with a postponed registration date, the settling officer should check to ascertain if the Land Certificate had already been lodged and “held to the order of”.  In either event, the Land Certificate details should not be amended on the folio.

Land Certificates in Dealings lodged up to 31st December 2009

With effect from 4th January 2010, Land Certificates should no longer be marked cancelled or retained in the PRA.  Any Land Certificate which was lodged with a dealing up to 31st December 2009, should be returned to the party who lodged it.  The Land Certificate should be returned with the notice of completion and also be accompanied by the letter at Appendix 1. The return of the Land Certificate should be entered on the folio notes but not on the folio Land Certificate details.

 

Land Certificate lodged after 31st December 2009.

Where a Land Certificate has been lodged after 31st December 2009, it should be returned to the lodging party with the notice of completion and the letter at Appendix 1. The Land Certificate details should not be amended on the folio.

Land Certificates “held to the order of”

Arrangements are being made to return all paper (i.e. not made virtual) Land Certificates “held to order” but awaiting lodgement of a dealing.  This project is being co-ordinated by Frank Brogan in Chancery Street.  Any such Land Certificate which has been made virtual should not be re-created.

 

Land Certificates “retained in CO”

Generally, Land Certificates with a marking of “retained in CO” are those that relate to part of a folio or were Land Certificates that were retained by the Land Commission.  Where a Land Certificate has been “retained in CO”, and a request is made for its return, arrangements may be made to return the Land Certificate to the person registered as owner of the property as of 31st December 2009. The template letter at Appendix 1, attached to this office notice, should accompany the Land Certificate.  The return of the Land Certificate should be entered on the folio notes but not on the folio Land Certificate details.

Any such request should be cleared by an officer at HEO level or higher.

A fee of €6 for any other service should be charged for such a request.

 

Land Certificates of Sentimental Interest

During the three year period since 1st January 2007, a number of requests have been made to the PRA to preserve Land Certificates of historical or sentimental value to the lodging party. These Land Certificates have been preserved and retained in Chancery Street in the Customer Services Unit (CSU). In addition, the PRA has implemented a policy of review and identification of Land Certificates which have been identified as having a historical or particular archival interest.   These Land Certificates have been preserved without formal requests being made by the lodging parties and they are maintained by the CSU in Chancery Street.

Where a Land Certificate has been retained for historical, sentimental or other special reasons and it has been preserved by the PRA, arrangements may be made to return the Land Certificate to the person registered as owner of the property as of 31st December 2009. The template letter at Appendix 1, attached to this office notice, should accompany the Land Certificate.  Any such request should be cleared by an officer at HEO level or higher. If the Land Certificate has been retained on foot of a direct request, the template letter should be amended to refer to the original request.

A fee of €6 for any other service should be charged for such a request.

 

The letter at Appendix 1 may be adapted as circumstances require for any of the abovementioned issues.

 Diarmuid Clancy

Deputy Registrar

5th January 2010

 

Appendix 1

Dear Sir/Madam,

I am writing to you in regard to the Land Certificate relating to the property in Folio ****** and which has been retained in our offices.   Where a Land Certificate existed, it was required to be lodged to the Land Registry where applications were made to this office which affected the Folio lands of the registered owner.

With effect from 1st January 2010, Land Certificates ceased to have force or effect.  It is no longer a document of title and is merely a historical document with no legal effect under Section 73 of the Registration of Deeds and Title Act 2006.  The Land Certificate is no longer required for registration purposes by the Property Registration Authority and it can no longer be pledged by way of security for borrowings.

I am therefore returning the Land Certificate to you, which you may wish to retain.

Yours faithfully