Property, Conveyancing and Land Law Documents
The Irish land system in outline
Title to Irish land is registered in the Land Registry (folios) or, for unregistered and older transactions, recorded in the Registry of Deeds; both are administered by Tailte Éireann. Under the Land and Conveyancing Law Reform Act 2009 a deed must be in writing, signed by the person making it, and that signature must be attested by a witness who is present. Companies execute deeds under section 43 of the Companies Act 2014 by a director and secretary, by two directors, by a director whose signature is attested, or by a duly authorised person.
Where the notary fits
The notary's function is authentication, not investigation of title. Typical instructions include certifying copies of title documents; attesting powers of attorney and deeds for use in jurisdictions that require a notarial act for dealings with Irish property; and certifying signatures on transfers or mortgages where a foreign registry or lender demands it. Check identity and authority, read the document well enough to understand what is being signed, and ensure the certificate matches the document.
Traps
Candidates confuse witnessing with notarising, assume a notarised copy replaces an official certified copy from Tailte Éireann, or certify that a person has “good title”. A certificate reciting title is a hostage to fortune. Watch also for documents prepared for a civil-law registry requiring a particular formula, for execution by an attorney under a power of attorney (verify it is valid and still in force), and for undated or unwitnessed deeds.
Rule of thumb: the notary authenticates the act of the signatory, never the state of the title.
Worked example: an Irish owner selling a holiday home in Spain signs a Spanish deed before an Irish notary. The certificate records identity, presence, capacity and understanding, and is left ready for apostille and, if required, a certified translation.