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What are burdens on an Irish folio

3 minute read

Part 3 of every Irish folio lists the burdens on the property. A burden is any right or restriction that affects the land, and checking them is one of the main reasons people order a folio in the first place.

Common burdens

The burden seen most often is a charge, which is the registered form of a mortgage. If a bank has lent against the property, the charge appears in Part 3 and stays there until the loan is discharged. Other common burdens include rights of way allowing someone to cross the land, rights of residence in favour of a family member, wayleaves for utilities such as water pipes or power lines, and covenants restricting how the land can be used.

Why burdens matter

Burdens bind the property, not just the current owner. A right of way registered against a folio continues to apply after the property is sold. Anyone buying a property, lending against it or in a dispute with a neighbour will want to know exactly what is registered in Part 3 before committing to anything.

Burdens that do not appear on the folio

Some rights affect registered land without appearing on the folio at all. These are known as burdens that affect land without registration and include things like public rights and certain short leases. A folio search is thorough, but it is not the whole picture in every case, which is one reason solicitors carry out wider searches during a purchase.

Checking the burdens on a property

A copy of the folio shows all three parts, including the full list of registered burdens. If you are checking a property before a purchase or investigating a right of way, the folio PDF is the quickest way to see what is registered.

Order your folio documents

Folio PDF from €24.95, sent to your email. Certified copies available by post. You do not need to be the owner of the property.

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This guide is general information about the Irish land registration system, not legal advice. For advice on a specific property or transaction, speak to a solicitor.