Understanding Ireland’s Two Property Registration Systems and How to Obtain Your Deeds

Introduction

Ireland’s property market operates on two parallel registration systems:

  1. The Registry of Deeds – a record of the existence of deeds for unregistered land.
  2. The Land Registry – a state‑guaranteed title system for registered land.

Both are administered by Tailte Éireann, but they serve distinct purposes and use different documentation. For buyers, sellers, estate agents and conveyancers, understanding which system applies to a property is essential for due diligence, securing finance and avoiding costly disputes.

This article explains the two systems, highlights key statistics for 2025, and provides a practical, step‑by‑step guide on how to obtain certified copies of deeds, memorials and land‑registry folios.


1. The Two Parallel Systems

1.1 Registry of Deeds (RoD)

Feature Details
Purpose Records that a deed exists and its date, parties and type. It does not retain the original deed.
Scope Applies to unregistered land – roughly 10 % of Irish land (≈ 85 % of titles remain unregistered).
Index A searchable index (the Lands Index Book) that shows memorials and ROD application forms.
Guarantee No state guarantee of title; priority is based on the date of registration in the RoD.
Typical documents retained Memorials (summary of the deed) and the ROD application form; original deeds are returned to the lodger.
Key advantage Simple, low‑cost way to prove a deed existed before a title was registered.
Limitation No map, no guarantee of ownership, and the original deed must be examined separately to determine its effect.

1.2 Land Registry (LR)

Feature Details
Purpose Creates a state‑guaranteed title (folio) that replaces the need to examine the original deeds.
Scope Covers registered land – about 90 % of Irish land (≈ 85 % of titles are now in the LR).
Folio A permanent file containing the original title documents, a certified copy of the folio, and an optional map showing the boundaries.
Guarantee The State indemnifies anyone who suffers loss because of a mistake by the LR – making the folio conclusive evidence of title.
Typical documents retained All original deeds, mortgages, charges, easements, and any subsequent dealings.
Key advantage No need to read historic deeds; the folio is a “one‑stop” proof of ownership.
Limitation Registration fees are higher, and there can be a backlog for first registrations (especially for rural parcels).

1.3 Why the Distinction Matters

  • Conveyancing risk – A buyer who assumes a title is registered when it is not may miss crucial historic deeds that affect ownership or rights of way.
  • Mortgage lending – Lenders normally require a certified LR folio because it carries the State guarantee.
  • Estate agents – Accurate marketing material must state whether a property is “registered” or “unregistered” to set realistic expectations for buyers.

2. How Much of Ireland Is Already Registered?

  • 90 % of land in Ireland is now recorded in the Land Registry (Tailte Éireann, 2025).
  • This represents ≈ 85 % of titles; the remaining 15 % are still under the Registry of Deeds.
  • The proportion has risen steadily since the 2010s, driven by the First Registration Programme and the Electronic Land Registration (ELR) system introduced in 2022.

Source: Tailte Éireann “What is the difference between the Land Registry and the Registry of Deeds?” (27 March 2025).


3. Obtaining Your Deeds – A Practical Guide

3.1 When the Property Is Unregistered (Registry of Deeds)

3.1.1 What You Can Obtain

Document How to Obtain Typical Fee*
Memorial (summary of the deed) Request a certified copy via Tailte Éireann’s Copy Services portal or by post. €20 (standard)
ROD Application Form Same process as the memorial. Included in the €20 fee
Index entry (search) Use the Lands Index Book (online searchable) or request a search certificate. €10‑€15 per search
Original deed (if lost) The Registry does not keep the original deed. You must locate it with the original parties or obtain a copy from the solicitor who lodged it. No fee from RoD; solicitor’s copy fees apply

3.1.2 Step‑by‑Step Procedure

  1. Identify the deed – Gather the grantor’s name, grantee’s name, and the approximate date of the transaction (e.g., “John O’Connor to Mary Murphy, 12 May 2018”).
  2. Search the Index
  3. Request a certified copy – Once the index confirms the deed’s existence, fill Form ROD‑17 – Application for Certified Copy of Memorial and pay €20.
  4. Receive the document – Certified copies are usually dispatched within 7‑10 working days (electronic PDF available within 48 hours for online requests).
  5. If the original deed is missing – Contact the solicitor who lodged the deed. If they no longer have a copy, you may need to obtain a secondary evidence (e.g., a deed‑copy from the original parties or a court order).

3.1.3 Tips for Estate Agents

  • Always verify whether a property is registered before marketing it as “title‑deed guaranteed”.
  • Keep a copy of the Memorial on file – it can be shown to prospective buyers as proof that the deed exists, even though the original deed is elsewhere.
  • For properties with complex histories (multiple conveyances, rights of way), consider commissioning a title search from a solicitor to interpret the original deeds.

3.2 When the Property Is Registered (Land Registry)

3.2.1 What You Can Obtain

Document How to Obtain Typical Fee*
Certified copy of the folio (title) Order online via the Land Registry Online portal or request by post using Form LR‑01. €45 for a folio; €5 extra for a map.
Map of the property Included with the folio (optional) – shows boundaries as recorded at registration. €5 (if requested separately).
Historical folios (previous versions) Request via the Historical Title Service – useful for tracing past mortgages. €15 per folio.
Copy of the original deed (if needed) The LR retains the original deed; you can request a certified copy (different from the folio) using Form LR‑03. €30 per deed.

*Fees are indicative (2025 rates) and may vary with the number of pages or expedited service.

3.2.2 Step‑by‑Step Procedure

  1. Gather the folio number – Usually found on the title deed or in the property’s conveyancing documents. If you only have the address, you can search the LR database by address.
  2. Search the online portal – Go to Land Registry Online, select “Search by address” or “Search by folio”.
  3. Select the document – Choose “Certified copy of folio” and tick “Include map” if required.
  4. Complete payment – Pay via credit/debit card or online banking.
  5. Receive the copy – Electronic PDF is available within 24 hours; a hard copy is mailed within 5‑7 working days.
  6. If you lack a folio number – Use Form LR‑02 – Search Request (by address). Include the property’s full address, townland, and any known parcel number. The fee is €10‑€15 for the search.
  7. For first‑time registrations – If the property is still unregistered, you must apply for first registration (Form LR‑17). The process involves submitting all historic deeds, a plan, and paying a registration fee of €150‑€300 depending on value. Once approved, the LR will issue a new folio, effectively moving the title from the RoD to the LR.

3.2.3 Practical Considerations

  • State guarantee – The folio is conclusive evidence of title. Lenders will accept it without demanding the original deeds.
  • Boundary disputes – The LR map may not reflect physical fences; it shows legal boundaries as registered. If a dispute arises, a survey may be required.
  • Charges and mortgages – All charges are listed on the folio. Ensure the folio is up‑to‑date before finalising a sale.

4. Special Situations

4.1 Lost or Destroyed Deeds

Situation Recommended Action
Lost memorial (RoD) Request a certified copy of the memorial – it serves as secondary evidence of the deed’s existence.
Lost original deed (LR) The LR holds the original; request a certified copy (Form LR‑03).
Both original deed and memorial lost Obtain a court order for a deed‑recreation (rare) or rely on the title folio if the property is already registered.
Lost title due to fire or flood Contact Tailte Éireann immediately; they can issue a replacement certified copy for a fee.

4.2 Converting Unregistered Land to the Land Registry

  1. First Registration Application – Submit all historic deeds, a plan of the land (Ordnance Survey reference), and a valuation (if required).
  2. Fees – €150‑€300 registration fee + €45 for the new folio.
  3. Timeframe – 8‑12 weeks for straightforward parcels; up to 6 months for complex rural titles.

4.3 Rights of Way and Easements

  • In the RoD, a right of way may be recorded in the memorial but details are limited.
  • In the LR, easements are entered on the folio and are guaranteed by the State. Always check the folio for any restricted rights before completing a purchase.

5. Frequently Asked Questions (Quick Reference)

Question Answer
Do I need both the memorial and the folio? No. If the property is registered, the folio is sufficient. If unregistered, the memorial proves the deed existed.
Can I obtain deeds online? Yes. Both Tailte Éireann’s Copy Services (RoD) and Land Registry Online (LR) provide electronic PDFs.
How long does a copy take to arrive? Online requests: usually within 24‑48 hours. Postal requests: 5‑10 working days.
What identification is required? A valid photo ID (passport or driver’s licence) and proof of interest (e.g., buyer‑seller agreement).
Are there any exemptions from fees? No standard exemptions, but probate executors may receive a reduced fee for deceased estates (subject to verification).
Is the folio map legally binding? The map shows the registered boundaries; it is binding for title purposes but not for physical fence placement.

6. Practical Checklist for Buyers, Sellers and Estate Agents

For Buyers

  1. Confirm whether the property is registered or unregistered.
  2. Obtain a certified folio (if registered) or a memorial (if unregistered).
  3. Verify that the folio lists all charges and that there are no undisclosed easements.
  4. Request a survey if you need certainty about physical boundaries.

For Sellers

  1. Locate the folio number or memorial reference before marketing.
  2. Provide the buyer’s solicitor with a certified copy early in the conveyancing process.
  3. If the title is unregistered, consider first registration to increase marketability.

For Estate Agents

  1. Include the registration status in every listing.
  2. Keep a copy of the memorial (unregistered) or folio (registered) on file for quick reference.
  3. Advise clients on the fees and timelines for obtaining copies – this reduces delays at settlement.

Conclusion

Ireland’s dual property registration framework can seem confusing, but once you understand the roles of the Registry of Deeds and the Land Registry, the path to obtaining reliable proof of ownership becomes clear:

  • Unregistered land – use the Registry of Deeds to obtain a certified memorial that confirms a deed’s existence.
  • Registered land – request a certified copy of the folio from the Land Registry for a state‑guaranteed title.

With ≈ 90 % of land now in the Land Registry, most modern transactions rely on the folio, but a sizeable minority still depend on the RoD. By following the step‑by‑step procedures outlined above, buyers, sellers, and estate agents can secure the correct documentation, avoid costly surprises, and move confidently through the Irish property market.