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Dáil Éireann díospóireacht -
Wednesday, 19 Apr 2000

Vol. 518 No. 4

Written Answers. - Registration of Title.

Noel Ahern

Ceist:

234 Mr. N. Ahern asked the Minister for Justice, Equality and Law Reform the process or procedure for a householder who owns a house in his own name and wishes to have it changed into joint name of self and wife, joint name of self and son or daughter, or sole name of wife, son or daughter; if the procedure can be processed with the Land Registry or Registry of Deeds on ones own and without legal representation; the costs and time span involved; and if he will make a statement on the matter. [11923/00]

I am informed by the Registrar of Titles that the Land Registry and Registry of Deeds do not require a person to have legal representation in order to have a transfer or conveyance/assignment registered. However, it would be necessary for the person to have sufficient knowledge to deal with the legal technicalities, taxation and stamp duty implications involved and for these reasons it would be advisable for a householder to consult a solicitor if he/she wishes to have it changed into the joint names of him/herself and spouse, joint names of him/herself and son or daughter, sole name of spouse or sole name of son or daughter.

If the property is registered property, that is, registered in the Land Registry, the Land Registry requirements are set out in the Registration of Title Act, 1964 and 1997 and the Land Registration Rules 1972-86.

If the property is unregistered property, that is, not registered in the Land Registry, the appropriate registration agency is the Registry of Deeds. The Registry of Deeds requirements are set out in the Registration of Deeds Act, 1707, as amended.

There will be costs involved which will depend on the circumstances of the case. The time span involved from the date of lodgement in the appropriate Registry, if no queries are raised, is around 13 weeks in the Registry of Deeds and between 17 and 65 weeks in the Land Registry.

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