Real estate—Ireland—Q&A guide
Real estate—Ireland—Q&A guide

The following Property practice note provides comprehensive and up to date legal information covering:

  • Real estate—Ireland—Q&A guide
  • 1. How would you explain your jurisdiction’s legal system to an investor?
  • 2. Does your jurisdiction have a system for registration or recording of ownership, leasehold and security interests in real estate? Must interests be registered or recorded?
  • 3. What are the legal requirements for registration or recording conveyances, leases and real estate security interests?
  • 4. What are the requirements for non-resident entities and individuals to own or lease real estate in your jurisdiction? What other factors should a foreign investor take into account in considering an investment in your jurisdiction?
  • 5. If a non-resident invests in a property in your jurisdiction, are there exchange control issues?
  • 6. What types of liability does an owner or tenant of, or a lender on, real estate face? Is there a standard of strict liability and can there be liability to subsequent owners and tenants including foreclosing lenders? What about tort liability?
  • 7. How can owners protect themselves from liability and what types of insurance can they obtain?
  • 8. How is the governing law of a transaction involving properties in two jurisdictions chosen? What are the conflict of laws rules in your jurisdiction? Are contractual choice of law provisions enforceable?
  • 9. Which courts or other tribunals have subject-matter jurisdiction over real estate disputes? Which parties must be joined to a claim before it can proceed? What is required for out-of-jurisdiction service? Must a party be qualified to do business in your jurisdiction to enforce remedies in your jurisdiction?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to real estate in Ireland published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2020).

Authors: Mason Hayes & Curran LLP—Marcus Kennedy; Deirdre Lundon; Cathy Grant; Rowena Fitzgerald; David Ormsby; Deirdre Nagle; Niamh Caffrey

1. How would you explain your jurisdiction’s legal system to an investor?

Ireland has a common law system, with four primary sources of law:

  1. the Constitution of Ireland: enacted in 1937, the Constitution is the highest ranking domestic source of law and contains the fundamental laws of the state. It defines the functions of the state and its agencies, the separation of powers (government, judiciary and legislature) and provides for the fundamental rights of Irish citizens;

  2. legislation: the second highest ranking domestic source of law, legislation can create, alter or revoke law, once in compliance with the Constitution and Ireland’s obligations under EU law;

  3. case law: case law or common law is a body of legal rules formed through previous judicial decisions; and

  4. EU law: where Irish law conflicts with EU law, EU law prevails.

2. Does your jurisdiction have a system for registration or recording of ownership, leasehold and security interests in real estate? Must interests be registered or recorded?

The Property Registration Authority (PRA) comprises two systems of registration: the Registry of Deeds and the Land Registry.

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