Dáil Éireann Debate, Thursday - 14 December 2023
345. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage if the provisions of the Land and Conveyancing Law Reform Act 2009 provide for a clawback charge to be made on mortgage-property registered with the Register of Deeds but not with the Land Registry, that is, whether a property must be registered with the Land Registry; and if he will make a statement on the matter. [56159/23]
Amharc ar fhreagraEstablished on 1 March 2023, Tailte Éireann is the State agency formed following the merger of the Property Registration Authority, the Valuation Office and Ordnance Survey Ireland. Tailte Éireann is an independent Government agency under the aegis of the Department of Housing, Local Government and Heritage.
All the functions previously carried out by the Property Registration Authority, the Valuation Office, and Ordnance Survey Ireland are now performed by Tailte Éireann. Under Section 8(6) of the Tailte Éireann Act 2022, Tailte Éireann is independent in the performance of its functions. As Minister, I have no role in the operational matters relating to its functions.
The Land and Conveyancing Law Reform Act 2009 falls under the remit of my colleague, the Minister for Justice. As I understand it, the Land and Conveyancing Law Reform Act 2009 does not make any specific provision regarding registration of a clawback charge in either the Registry of Deeds or the Land Registry.
In regard to whether a Deed, which contains a clawback charge or a condition, may be registered in the Registry of Deeds, Tailte Éireann make no judgment as to the effectiveness of a deed. Only the existence of the deed is registered within the Registry of Deeds. An application lodged in the correct form, accompanied by a document which complies with the requirements of a deed, will be noted as registered. The Deed is then stamped to confirm registration in the Registry of Deeds and returned to the lodging party.
Finally, Oireachtas Members may obtain information directly in respect of Tailte Éireann by contacting the dedicated e-mail address at reps@tailte.ie.
