Official Land Registry Document
Instrument Copy
Instrument Copy for Naas Properties in County Kildare
Quick Answer
An Instrument Copy for a Naas property 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 Naas, a medieval borough and county town with a canal harbour and racing country around it, burgage-plot leases and canal wayleaves recur through the instrument record.
A Part III entry on a Naas 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.
Key Facts
Location
Naas
County
Kildare
Online Delivery
Delivered online via email
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.
Naas is the county town of Kildare, a medieval borough laid out on burgage plots along a long main street, with a branch of the Grand Canal reaching a harbour in the town and racing country all around. Its instrument record reflects that mixture. The old core carries leasehold interests and rights of way through burgage plots and lanes; the canal harbour carries wayleave and drainage rights; and the commuter estates around the town carry the ordinary covenants of modern development. A Naas folio can turn on any of these.
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:
| Situation | Recommended Document |
|---|---|
| Find out who owns a property in Naas | Folio Search |
| See what burdens are registered against it | Folio Search |
| Read what a burden actually permits or requires | Instrument Copy — — this page |
| Prove the register entry to a lender or court | Certified Folio |
| Prove the registered extent | Certified Map |
What Information Is Included
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
Why People Order
Reading a lease or covenant on a burgage plot
Core plots are frequently leasehold with covenants controlling use.
Investigating a right of way through a lane or yard
Access behind the main street was granted by deed.
Checking a canal, harbour or drainage right
The Grand Canal branch and its harbour carry registered rights and restrictions.
Reading the covenants binding a commuter estate
The transfer that created the estate sets out what every owner is bound by.
Checking service charge obligations on an apartment
The deed establishes what is payable and how it is calculated.
Examining a charge before redemption
The deed sets out what is secured and on what terms.
Checking a reservation in a transfer of part
Rights reserved when farmland was first sold still bind the ground.
Acting on a family transfer
Earlier transfers set out reservations that bind later owners.
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 Naas 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
Solicitors
Practitioners in Naas meet burgage-plot leasehold, canal rights and modern estate covenants, and each is construed from the instrument rather than read off the folio.Home Buyers
Where a Naas plot is in the old core or near the canal harbour, the instrument establishes what lease, right of way or drainage obligation attaches to it, and the folio entry records only that it exists.Developers
Ground coming forward around the town carries reservations from earlier transfers of part, and canal and drainage rights near the harbour that determine what may be built.Management Companies and Their Advisers
Apartment and managed schemes carry common areas and service charges created by deed.Lenders and Their Advisers
Security work turns on what a charge secures and what prior burdens rank ahead of it, and both are questions for the instruments.Title Researchers and Surveyors
Professional researchers working on Naas 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
Naas grew up as a borough on the main road into the south-west, and its instrument record combines a medieval core, a canal harbour and the estate development of a busy county town.
The old town was laid out on burgage plots — long, narrow holdings running back from a wide main street — and much of the core was held and dealt with on leasehold terms. Old leases and covenants control use and alteration on core plots, and the lanes and yards running back from the street carry rights of way granted by deed. Untangling a core title in Naas is frequently a matter of reading a lease and the rights that attach to a burgage plot rather than a modern transfer.
A branch of the Grand Canal reaches a harbour in the town, and the canal, its harbour and its drainage channels are dealt with by instruments — wayleaves, rights of entry, restrictions on building over channels — registered against adjoining ground. Land near the harbour can be bound by rights and duties of this kind.
Naas sits in the heart of Ireland's racing and bloodstock country, and stud and training ground around the town carries its own covenants, access arrangements and occasional sporting rights. Around all of this, the town has grown rapidly with commuter estates built on former farmland, each created by transfers of part and estate transfers imposing covenants and granting rights over roads and open space, differing from phase to phase.
Compulsory first registration in County Kildare has a long history, so much land here has been registered for a considerable time, though older core property can still carry burdens from earlier unregistered deeds.
For anyone working on a Naas title, the document worth finding depends on the plot: a lease and its rights of way in the old core, a canal or drainage deed near the harbour, or the transfer of part behind a house on a former field — and the folio entry rarely reveals which applies.
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 Naas 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/kildare/.
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 core burgage plot as freehold
Much of the old core of Naas is held on leases carrying covenants and rights of way through lanes and yards. The lease and the rights govern, and the folio entry records the leasehold interest without setting out its terms.
Overlooking a canal or drainage right near the harbour
Ground near the Grand Canal branch and its channels can carry registered wayleave and drainage rights. The instrument defines the corridor and the obligation; the folio entry records only that a burden exists.
When Not Sufficient
An Instrument Copy gives you the text of a document lodged and registered against Naas 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. Whether estate roads have been taken in charge, the condition of the canal harbour and planning for development around the town all fall outside the instrument record.
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.
If the plot is a burgage holding in the core or lies near the canal harbour, say so, since the lease or the canal deed rather than a modern transfer is usually the instrument that governs.
Turnaround & Delivery
Delivery time:
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 Naas 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.
Why does my Naas core property have a right of way through a yard?
Because the town was laid out on burgage plots running back from the main street, with access to the rear granted by deed through lanes and yards. The instrument defines who may use the way and how; the folio entry records only that the right exists.
Does the canal harbour affect ground near it in Naas?
It can. Land near the Grand Canal branch, its harbour or its channels may carry registered wayleave and drainage rights, restricting building over channels and reserving entry for maintenance. The instrument states the extent; the folio entry does not.
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/kildare/.
Are the covenants the same across Naas estates?
No. The commuter estates were built in separate phases by different developers, and the covenants and reservations differ between them. The deeds behind one estate are not a reliable guide to another.
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Property Records Editorial Team
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