Title Issues That Delay Remortgages

Most remortgage delays are title delays. Here are the usual suspects and how each one is resolved.

When your solicitor certifies title to the new lender, the certificate must be true. So the title investigation on a remortgage is real, and it finds things — extensions without paperwork, deeds that never came back from a bank twenty years ago, charges that were paid off but never released. None of these mean you cannot remortgage; almost all of them mean extra steps.

The best time to surface title issues is before the loan offer's clock is running. Tell your solicitor at the first conversation about anything done to the property and anything unusual in how you came to own it — that honesty converts mid-transaction crises into early, quiet fixes.

Planning and building control gaps

The most common issue by a distance: an extension, attic conversion, garage conversion or porch without the certificates a lender expects. The fix depends on the facts. Many domestic extensions are exempted development within the size and location limits of the planning regulations, in which case an architect's or engineer's certificate of exemption usually satisfies the lender. Works that needed permission and got it need a certificate of compliance with the permission and building regulations. Works that needed permission and never got it are the hard case — retention permission or, where available, a declaration under section 5 of the Planning and Development Act may be required, and lender appetite varies.

A related trap: the works were fine, but the certificates were never obtained or were lost. Commissioning fresh certificates from a professional who inspects now is routine — build in the time and the fee.

Old mortgages never released

Folios regularly show charges for loans repaid long ago — the borrower cleared the debt but nobody registered the release. Where the original lender still exists, a discharge is requested and registered. Where the lender has been taken over, wound down or its loans sold, the entity now entitled to release the charge must be traced — a paper chase through mergers and loan sales that is solvable but slow. Start it the day it is spotted.

Deeds missing or property unregistered

If the title is registered in the Land Registry, the folio is the title and lost paper deeds matter less, though supporting documents (planning files, declarations) may need to be replaced. If the property is still unregistered Registry of Deeds title — more common with older urban property — a remortgage triggers compulsory first registration territory: the title must be reconstructed from the deeds and registered, which adds significant time. Where the deeds themselves are lost, registration can still be achieved on the basis of secondary evidence and declarations, but this is one of the slowest fixes in conveyancing.

People and rights on the title

Common examples: a deceased joint owner still on the folio (fixed by registering the death and, where needed, a grant of probate — this is where our probate experience is used weekly); a family home where the non-owning spouse's consent was never obtained for a past deed; rights of residence in favour of a parent from an old family transfer; and judgment mortgages or Revenue charges registered against an owner. Each has a defined cure — death registration, confirmatory consents, releases, or discharge of the judgment debt — and each must be cleared or accounted for before the certificate of title can issue.

Boundaries, ways and services

Where the house depends on a shared drive, a right of way over a neighbour's land, or a well or septic tank located on other lands, the lender expects the necessary easements to appear on the title. Missing easements from old informal arrangements are regularised by deeds of easement with the neighbouring owner or, failing agreement, by other statutory routes. Mapping mismatches between the folio plan and what is actually occupied are addressed through Tailte Éireann's mapping procedures.

Local Property Tax and older charges

Lenders require confirmation that Local Property Tax is up to date; unpaid LPT is a charge on the property. Bringing the LPT record current through Revenue's online system is quick when done early. Some lenders also raise older historic charges (such as the former NPPR charge on non-principal residences for the 2009 to 2013 years) on relevant properties — where they arise, certificates of discharge or exemption from the local authority resolve them, bearing in mind those charges expire by law after their statutory period.

Frequently asked questions

Will a title problem stop my remortgage?

Rarely stop — usually delay. Most issues have established fixes: certificates, discharges, registrations or declarations. The killers are unresolved planning breaches and untraceable chargeholders, and even those usually resolve with time.

My extension was built without planning — can I still switch?

If it qualifies as exempted development, a professional certificate of exemption normally satisfies the lender. If it needed permission, retention permission may be required, and lender policies differ. Get the facts assessed before applying.

The bank lost my deeds years ago. Now what?

For Land Registry property the folio is your title, so the loss is manageable — supporting documents are replaced and the remortgage proceeds. For unregistered property, first registration on secondary evidence is the route, and it takes time.

There is an old charge on my folio for a loan I repaid. Is that serious?

It must be released before the new lender's charge can be certified as first ranking. If the original lender is traceable it is straightforward; if the loan book was sold or the lender is gone, tracing the successor takes longer.

Do I need my LPT paid up to remortgage?

Yes — unpaid LPT is a statutory charge on the property, and lenders require it to be current. Check your Revenue LPT record at the start of the process.

Talk to a remortgage solicitor

Mary Molloy Solicitors acts for homeowners and property owners across Ireland on remortgages, switches, top-ups and transfers of equity. All enquiries are handled through our Dublin office.

This page contains general information about Irish law and practice. It is not legal advice, it may not reflect your circumstances, and reading it does not create a solicitor–client relationship with Mary Molloy Solicitors. We do not advise on taxation; please speak to your accountant or Revenue. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.