Abolition of Land Certificates and Certificates of Charge
Published 17-Jan-2009

What is a Land Certificate?
A Land Certificate provides the owner of registered land with such evidence of his/her title similar to an owner of unregistered land who is in possession of his/her title deeds. It was sometimes used as a means of giving security for lands by depositing the Land Certificate with a borrower where monies were advanced. The Land Registry, where a Land Certificate has issued in respect of land, will require the production of the original Land Certificate, in all dealings with the land.

What is a Certificate of Charge?
A Certificate of Charge is to the charge (mortgage) what the Land Certificate is to the land, i.e. evidence of ownership of the charge it has issued in respect of. For example, where a Certificate of Charge has been issued in respect of a mortgage, the Certificate is the Bank’s document of title in respect of the mortgage and it will be required to deal with the mortgage in the Land Registry. In all dealings with that mortgage, the Land Registry will require production of the original Certificate of Charge.


Abolition of Land Certificates and Certfiicates of Charge

A decision was made by Government to abolish Land Certificates (and Certificates of Charge) in one of its first steps in the modernisation of the conveyancing process. This decision supports its policy on the introduction of e-Conveyancing which will lead to more efficient and cost effective conveyancing transactions. The certificate system contributed to a significant extent to the delays and costs associated with the registration of title to land e.g. where the certificate was lost or mislaid a lengthy process to issue a replacement certificate had to be undertaken.

Pursuant to the provisions of the Registration of Deeds and Title Act 2006 the Minister for Justice, Equality and Law Reform has made an order providing for the commencement of section 73 of the Act. As and from January 1st 2007 the Property Registration Authority will cease to issue, or reissue, land certificates or certificates of charge.

From now until December 31st 2009, production of an existing certificate to the Authority shall be required for the registration of dealing with the property whose ownership it certifies, in accordance with existing requirements. On completion of the application the certificate will be cancelled and no replacement issued. After this date all remaining land certificates and certificates of charge, not already cancelled shall cease to have any force or effect.


How can I show title to my property from the 1st January 2010 where my Land Certificate?
A certified copy Folio Filed Plan will now be the sole evidence of your title to registered property. An owner can apply for a copy of his/her folio (fee €6) which will be certified as of the date of issue. A copy folio together with a filed plan (map) can also be applied for (fee €25).

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