Land title due diligence

 

A developer must check for ownership issues, access issues, boundary issues and encumbrance issues.  With those in mind, EMP will:

  • Carry out an initial title ownership check (exceptionally, some Irish title still is un-registered and a ‘good root of title’, derived from a search of the old Registry of Deeds system, may need to be produced).
  • Obtain the Land Registry map (or a deed map); visit the site and, especially where the project site may be near a folio perimeter, check that the boundaries shown on the Land Registry map (or a deed map) contain no obvious differences from the current physical boundaries. Where a site visit shows obvious differences and/or evidence of adverse possession/and/or evidence of competing interests, make local enquiries to rule out any potential access or ownership issues.
  • In the case of leasehold title, or ‘settled’ (trust) land, check to ensure that the person in possession has actual authority under the terms of the head lease / trust to enter into an option / lease.
  • Map out and check access routes, for construction and maintenance, and identify all relevant access licences, competing easements (especially rights of way), competing profits à prendre (especially turbary rights) etc.
  • Carry out standard requisitions on title, to include planning searches and compulsory purchase order searches.