Following webinars hosted by the Law Society and Tailte Éireann in Autumn 2025, all questions raised by attendees, along with Tailte Éireann’s responses, are now available online. The Law Society’s Conveyancing Committee is grateful for Tailte Éireann’s engagement in this process and strongly encourages all practitioners lodging first registration applications to take note of the responses, available at this link below:
Conveyancing Committee comments
The Conveyancing Committee also asks practitioners to note the following:
- The committee queried Tailte Éireann’s requirements as to the use of copies of certain public records. Practitioners should note:
- For registered land, Tailte Éireann will accept a solicitor’s certified copy of a death certificate in Form 47 (surviving joint tenant) and Form 57B (cancellation of a charge where its registered owner does not concur) cases, but otherwise Tailte Éireann requires an original or official copy death certificate. Similarly, Tailte Éireann will require original or official copies of Grants of Probate and Letters of Administration and plain/solicitors’ copies are not accepted.
- For first registration applications, Tailte Éireann has indicated that original/official copy death certificates, grants of probate etc. should be lodged where relevant to the title after the date of the root of title, or an explanation is to be provided as to why same cannot be produced, and these cases will be assessed on a case-by-case basis.
- In each of the above cases Tailte Éireann has not accepted the view that plain copies of such documents should be accepted, given that alteration of such public records is a criminal offence.
- Tailte Éireann will however accept plain copy Certificates of Incorporation for Irish companies on the basis that these can be verified online by Land Registry staff.
- On first registrations in Forms 1/2, Tailte Éireann requires judgment searches against all parties on title within 5 years of the date of swearing of the Form 1/2 application. This includes predecessors in title within this period and includes the applicant themselves. It would be prudent therefore if purchasing a property from a party that has themselves acquired a property within the previous 5 years to conduct a judgments office search against the vendor and relevant predecessors. The Tailte Éireann Practice Direction in this regard is clear but does not reflect conveyancing practice.
- Tailte Éireann requires acts on searches to be signed by individual solicitors - the use of firm names or stamps is not accepted, nor is the use of explained searches that are signed by third party firms. The committee is conscious that this does not reflect conveyancing practice, but Tailte Éireann wishes to adhere to this requirement.
