Solicitors: Practitioners in County Clare order instrument copies for two very different kinds of file – upland holdings where a commonage entitlement has to be quantified, and estuary ground where industrial wayleaves have to be read for their scope and their compensation terms.
Instrument Copy for Registered Land in County Clare
Quick Answer
An Instrument Copy for County Clare land is a copy of a document lodged with the Land Registry - a transfer, charge, covenant or grant of a right of way. The folio records that the burden exists and gives its number; the instrument is where the terms are actually written. In County Clare, where Burren commonage is grazed under long-standing arrangements and the estuary carries industrial wayleaves, the instruments differ sharply from one end of the county to the other.
A Part III entry on a County Clare folio tells you that something affects the land without telling you what it requires. The Property Registration Authority retains the document behind every such entry, and the Instrument Copy is how it is read.
What Is This Document
An Instrument Copy is a copy of a document actually lodged with the Land Registry – a transfer, a charge, a deed granting a right of way, a deed imposing covenants, a vesting order. When such a document is lodged and registered, the folio records that the interest exists and gives the instrument its own number. The document itself is retained, and the Instrument Copy is how you read it.
That division of labour is the whole point of the product. A folio will tell you that a right of way exists over your land, and it will identify the instrument that created it. It will not tell you how wide the right of way is, where exactly it runs, who is responsible for maintaining the surface, whether it is limited to agricultural use, or whether it may be used by anyone other than the owner of the dominant land. Every one of those questions is answered in the instrument and nowhere else.
County Clare puts two quite different instrument records side by side. Across the Burren and the western uplands, commonage is grazed under entitlements created by grant, and the deed behind a share governs how many stock may be turned out and over what ground. Along the Shannon estuary, deep water attracted industry, and the pipelines, cables, access roads and jetty approaches serving it were secured by wayleave deeds registered against the land they cross.
Ordering therefore usually starts from the folio rather than from the instrument. The Part III entry gives the instrument number, and that number is what identifies the document to be copied. If you do not have it, a folio search establishes it first, and it is entirely normal to order the two together – the folio to find out what burdens exist, the instrument to find out what each of them actually says.
Which Document Do I Need
Different questions need different documents:
| Need | Product | Price |
|---|---|---|
| Find out who owns a property in County Clare | Folio Search | €32.99 |
| See what burdens are registered against it | Folio Search | €32.99 |
| Read what a burden actually permits or requires | Instrument Copy | €349.99 |
| Prove the register entry to a lender or court | Certified Folio | €149.99 |
| Prove the registered extent | Certified Map | €149.99 |
What Information Is Included
An Instrument Copy order for County Clare returns:
- The full text of the instrument as lodged and registered
- The parties to it, and the date it was executed and registered
- The operative provisions – what was granted, transferred, charged or covenanted
- Any plan or schedule annexed to the document
- Conditions, reservations and exceptions attaching to what was granted
- The instrument number and the folio it is registered against
What Is Not Included
An Instrument Copy gives you the text of a document lodged and registered against County Clare land. It does not establish current ownership, show the registered extent, carry certification under seal, or reach anything that was never lodged – informal arrangements, rights acquired by long occupation, or deeds relating to unregistered land held at the Registry of Deeds. Grazing practice on commonage as actually operated, the physical route of a buried service and current abstraction or foreshore licensing all fall outside the instrument record.
Why People Order
- Reading a commonage grazing entitlement: The deed quantifies the share and defines the ground it may be exercised over.
- Checking an industrial wayleave near the estuary: Pipelines, cables and access roads were secured by deeds registered against the land.
- Investigating a right of way over karst ground: Routes across the Burren were granted formally where they were granted at all.
- Examining a charge before redemption: The deed sets out what is secured and on what terms.
- Advising on a coastal or amenity purchase: Holdings near the coast carry access and services deeds worth reading.
- Resolving a turbary question: Entitlements to cut turf are created by grant and the terms govern.
- Acting on a family transfer: Earlier transfers set out reservations that bind later owners.
- Checking a wayleave for services: Utility wayleaves are registered and their terms are in the deed.
- Reconstructing how a burden arose: Researchers work from the instruments rather than the register entries.
- Preparing to answer requisitions: A purchaser’s solicitor will raise the terms of every substantive burden, and having the instruments for a County Clare property to hand at the outset shortens that exchange considerably rather than leaving it to run over several weeks.
- Settling an argument from the document: Where neighbours disagree about what a registered right permits, the instrument is the only authoritative answer, and it is frequently shorter and clearer than either party expects.
- Checking what a burden means before committing: Establishing what a registered entry actually requires costs very little compared with discovering it after contracts have been exchanged.
Real World Use Cases
Farmers and Landowners: A commonage share is meaningless as a number on a folio. The deed is what states how many stock may be grazed, over what ground and subject to what conditions, and that is the figure that matters commercially.
Home Buyers: Where a rural holding depends on a granted access or carries a services wayleave, the instrument establishes what it permits and what it prevents.
Developers and Businesses: Ground near the estuary is crossed by infrastructure secured under deeds, and the terms of those wayleaves determine what can be built and where.
Lenders and Their Advisers: Security over land carrying substantial wayleaves requires the deeds to be examined for their effect on use and value.
Title Researchers and Surveyors: Professional researchers working on County Clare property use instrument copies constantly, because the register is an index to the documents rather than a substitute for them. Reconstructing how a burden arose, what was intended by it, and how it interacts with later dealings is work that can only be done from the instruments themselves, and the folio entries are simply the route to finding which documents matter.
Land Registry Context
County Clare runs from the Burren and the Atlantic cliffs in the north to the Shannon estuary in the south, and its instrument record divides along much the same line.
The Burren is a limestone landscape grazed for millennia, and much of its upland is commonage. A commonage entitlement is not a piece of ground; it is a right attaching to a holding below, and it is created and quantified by deed. How many livestock units may be turned out, over which of the commonage, at what times of year and subject to what conditions are all matters for the instrument. Folios record that an entitlement exists and leave every operative detail to the document behind it, which is why commonage files here effectively begin with an instrument copy.
Turbary follows the same structure on the bogs, with a grant defining a bank and a quantity.
The south of the county is a different proposition. The Shannon estuary offers deep water, and the industrial development it attracted brought pipelines, power cables, access roads, water abstraction and jetty approaches, all secured by wayleave and easement deeds registered against the land they cross. Those instruments are long, detailed and consequential – they typically define a corridor, restrict what may be built within it, reserve rights of entry for maintenance, and set out compensation arrangements.
Elsewhere the county is mixed farming ground with the ordinary run of transfers, charges and access grants.
Across all of it the same principle holds. The folio is an index to the instruments, and in a county where the two dominant burden types are both quantified in their deeds rather than on the register, that index answers remarkably little on its own.
For anyone working on a Clare title, the useful first question is which half of the county the land sits in, because a Burren commonage file and an estuary wayleave file call for entirely different reading even though the register presents both as short entries in Part III.
Common Mistakes
Expecting the folio to explain its own burdens: This is the gap the product fills. The folio records that a right of way, covenant or charge exists and gives its instrument number. The terms – width, route, permitted use, maintenance, duration – are in the instrument, and reading the folio entry alone tells you almost nothing about what you are actually bound by.
Ordering without the instrument number: Each entry in Part III refers to its own instrument, and a folio in County Clare can carry several. Ordering by folio number alone risks receiving a copy of the wrong document, so the Part III entry is what identifies which one is wanted – /folio-search/clare/.
Assuming everything affecting the land was lodged: Only registered dealings produce instruments. Informal agreements between neighbours, rights acquired by long occupation and arrangements never reduced to a registered deed generate no document to copy, and their absence from the register is not evidence that they do not bind the land.
Treating a commonage entitlement as self-explanatory: The folio records that a share exists. How many stock may be grazed, over what ground and subject to what conditions are set out in the deed that created it, and those terms vary considerably between neighbouring holdings.
Underestimating the scope of an industrial wayleave: Estuary wayleaves commonly define a corridor, restrict building within it and reserve rights of entry. The folio entry gives no sense of how much of a site is practically affected.
How To Order
The most useful thing to send is the folio number with its county and the instrument number from the Part III entry you are interested in. That identifies the exact document without ambiguity.
If you do not have the instrument number, send the address and Eircode, or the folio number and county, and say which burden you are asking about – a right of way, a charge, a covenant. Our team locates the entry, confirms which instrument it refers to and comes back to you before anything is prepared.
Say whether the burden concerns commonage, turbary or an industrial wayleave, since the three produce very different documents.
Turnaround & Delivery
The instrument is supplied as an electronic copy, sent to the email address you provide, so nothing waits on the post. Each order is checked against the entry you identified before it is sent.
Where the instrument cannot be located from the details supplied, where the County Clare land turns out to be unregistered so that no lodged instrument exists, or where the burden you are asking about arises otherwise than by registered deed, we contact you rather than sending something that does not answer your question.
Frequently Asked Questions
Does the folio not already show what the right of way allows?
No. The folio records that the right exists and gives the instrument number. The width, route, permitted use, maintenance obligations and any conditions attaching to it are set out in the instrument that created it, and that document is what has to be read.
How is the instrument copy delivered?
As an electronic copy sent to the email address you give us, within. Each order is checked against the Part III entry you identified before it is sent, so you receive the document you actually asked about.
How many animals can I graze on Burren commonage?
The deed that created your entitlement states it. Commonage shares are quantified in the instrument rather than on the folio, and neighbouring holdings frequently hold materially different rights over the same ground.
What does an estuary wayleave stop me doing?
Usually building within a defined corridor, and it will reserve rights of entry for inspection and maintenance. The deed sets out the corridor width and the restrictions; the folio entry gives no indication of how much of a site is affected.
Do I need the instrument number to order?
It helps considerably, but it is not essential. If you send the folio number and county and say which burden you are asking about, our team locates the entry and identifies the instrument first - or you can order a folio search to obtain the numbers - /folio-search/clare/.
Can I get the deed if the land is unregistered?
No. Instrument copies come from documents lodged against a folio. Where land has never been registered there is no folio and no lodged instrument, and the relevant deeds are recorded at the Registry of Deeds instead.
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