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S.I. No. 264/1937 - Land Registration Rules, 1937.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1937 S.I. No. 264/1937 - Land Registration Rules, 1937. S.I. No. 264/1937 - Land Registration Rules, 1937. AmendmentsLeasuithe STATUTORY RULES AND ORDERS. 1937. No. 264. LAND REGISTRATION RULES, 1937. The Local Registration of Title Rules Committee in exercise of its power in Section 94

(1)of the Local Registration of Title (Ireland) Act, 1891, as amended by Section 73 of the Courts of Justice Act, 1936 , and of every other power in this behalf, with the concurrence of the Minister for Justice, hereby makes the Rules annexed hereto as the general Rules for carrying into effect the object of said Act. Dated the 12th day of October,
  1. CÓNCUBÁR A. MAGUIDÍR, President of the High Court. I. J. KELLY. HENRY P. MAYNE. W. E. GLOVER. CONTENTS Subject Matter Rule PRELIMINARY Date of Rules 1 Interpretation 2 When Registry open to public 3 PART I THE REGISTERS AND THE REGISTRY OFFICES Form and contents of registers 4 Authentication, contents, and cancellations of entries 5 Adjoining properties of an owner in two or more Counties 6 Revision of Folios of registers 7 Cancellation of determined entries Correction of clerical errors 9 Revision of descriptions of property 10 Indexes 11 Closing registers 12 The Central Office to be the Office for registration 13 'The Local Office and the duties there 14 PART II FIRST REGISTRATION ; CANCELLATION OF NOTICES OF EQUITIES, AND OF POSSESSORY OR QUALIFIED TITLES ; AND OTHER REGISTRATIONS INVOLVING EXAMINATIONS OF THE TITLE OF PERSONS TO UNREGISTERED INTERESTS IN REGISTERED PROPERTY. Applications for First Registration Form of application for first registration 15 Documents to accompany application for registration of ownership of freehold property 16 Documents to accompany application for registration in register of Leaseholders and subsidiary interests other than incorporeal hereditaments. 17 Length of title 18 Examination of title 19 Application by Local Authority or State when value of property does not exceed £
  2. 20 Application ofLand Commission or Board of Works for a registration with possessory title. 21 Application by Local Authority under statutory powers for first registration of a purchaser. 22 Notice by the Land Commission under Section 23
(1)(b). 23 Notice by the Land Commission under Section 23
(1)(a). 24 Transfer to registers of recorded property 25 Registration of recorded property 26 Entry of easement or profit á prendre as part of description of property registered. 27 The notice of equities 28 Notice of statutory restrictions 29 Entries relative to mines and minerals 30 Memorial for Registry of Deeds 31 Cautions against first registration Form of caution and of affidavit in support of it 32 Form of notice on cautioner 33 Applications for cancellation of a notice of equities or of possessory or qualified title entered in a register. Application when ownership registered for 30 years 34 Application when ownership registered 12 years under transfer for value. 35 Application when land acquired by Local Authority or State and purchase money does not exceed £
  1. 36 Other applications for cancellation of a notice of equities 37 Examination of title to interests protected by a notice of equities 38 Notices of application to be given 39 Cancellation of notices of possessory title 40 Cancellation of notice of qualified title 41 How burdens ascertained entered on cancellation of notice. 42 How register made conformable with titles ascertained 43 When Land Certificates may be issued in substitution for deed deposited as a lien. 44 Other Examinations of Title Other investigations of title outside register 45 General provisions relative to First Registration and applications requiring an examination of title of unregistered interests. Form of affidavit of discovery 46 Registration of tenants in common 47 Registration of trustee owner 48 Notices to be given of proposed registration 49 Date of registration 50 PART III DEALINGS WITH REGISTERED PROPERTY General Form of instruments 51 Evidence of execution of instruments 52 Evidence of execution of instruments by an attorney 53 Identification of part of registered property transferred 54 Application by solicitor for registration of dealing, how made 55 Presentation of dealing for registration 56 Dealing may be received for registration if undertaking for payment of Registry fee given. 57 Priority of dealings received for registration 58 Notice in register of pending registration 59 Forgery notice 60 Date of registration 61 Registrar may refuse registration or may require amendment of instrument or application in certain cases. 62 Amendment of instrument and priority of amended instrument 63 Adjudication of sufficiency of stamp on instrument 64 Registration under instrument by person entitled to be registered 65 Registration of a tenant in common 66 Registration of a trustee owner 67 Transfers Forms of transfer 68 Transfer of part of holding subject to restrictions and Land 69 Purchase Acts. Duty of transferee who is a trustee 70 Registration under a transfer by owner in execution of order of court. 71 Effect of covenant to pay rent or indemnify may be noted in register. 72 Registration of purchaser from personal representative of owner discharged from judgment mortgage of beneficiary. 73 Registration under a settlement 74 Registration under grant reserving rent 75 Registration of companies 76 Defeasance of ownership by statute 77 Registration under transfer overriding estate of registered owner 78 Notice of application for registration under transfer overriding estate of owner. 79 Cancellation of burdens on transfer overreaching the estate of the owner. 80 Notice to be given of cancellation of burdens on transfer overreaching owner's estate. 81 Registration of assignees of bankrupt or insolvent owner and reregistration of owner. 82 Registration of the Land Commission on a defeasance by subdivision or letting. 83 Registration of transferee of a Local Authority under Section 6 of the Small Dwellings Acquisition Act. 84 Registration of Local Authority under Section 5 of Small 85 Dwellings Acquisition Act. Registration of ownership of State property and of dispositions thereof. 86 Registration of dispositions of recorded property 87 Transmission on death of an owner of property that vests in his personal representative Registration of personal representative for purposes of administration. 88 Assent by personal representative to a devise, and application of devisee for registration. 89 Transfer by personal representative to devisee or successor. 90 Application for registration by a person, other than the personal representative, beneficially entitled to an intestate's property. 91 Application for registration by personal representative beneficially entitled to an intestate's property, or for cancellation of inhibition entered under Rule
  2. 92 Powers of Registrar on a registration on transmission on death 93 Application for registration on death of registered owner of a charge or other burden that vests in the personal representative. 94 Transmission on death of a full owner of freehold property that does not vest in his personal representative Application by a devisee of freeholds for registration. . 95 Application by heir or widow of intestate freeholder for registration 96 Other Transmissions Application for registration by successor of limited owner. 97 Application for registration by survivors or survivor of joint tenants. 98 Burdens Generally Additional burdens that may be registered 99 The assent to registration of burdens that is to be given by persons other than the owner. 100 How assent to registration of a burden is to be given 101 How burden may be entered 102 Owner of burden not entitled to custody of certificate of title of owner of the property. 103 Note in register when statutory priority for burden claimed. 104 Note in register on registration of charge actually raised under a settlement. 105 Note in register on registration of voluntary burden when a certificate of title has been issued. 106 Evidence on which a burden may be cancelled or modified. 107 When burden may be cancelled as extinguished 108 Charges Forms of charge 109 Registration of charge created by a company 110 Subcharges 111 Meaning of future advances in register, and the registration of a charge for. 112 Dealing with mortgage created prior to first registration, when registered. 113 Judgment Mortgages Registration of affidavit of judgment as judgment mortgage. 114 Evidence on entry of notice of deposit of affidavit of judgment 115 Notice of deposit of the affidavit to be given 116 Application to cancel notice of deposit of an affidavit on grounds of invalidity of judgment mortgage. . . . 117 Cancellation of notice of deposit of affidavit of judgment validly registered. 118 Other Burdens Lease 119 Rent charge 120 Power to charge and trust to raise money 121 Lien for unpaid purchase money 122 Order or other process of court 123 Lis pendens 124 Recognizance bonds and judgments 125 Easement or profit á prendre 126 Cautions and inhibitions against registration of dispositions Form of caution and of affidavit in support 127 Warning notice to cautioner 128 Application by registered owner for discharge of caution. 129 Proceedings on appearance by cautioner to a warning notice. 130 Withdrawal of a caution, or consent of a cautioner to a dealing 131 Lapse of caution 132 Form of inhibition 133 Entry of inhibition on consent of owner 134 Application for inhibitions where there is no consent 135 Proceedings on application for inhibition 136 Procedure on objection to inhibition 137 Modification or discharge of registered inhibition 138 Application in anticipation of dealing inhibited without Registrar's approval. 139 Procedure on lodgment of dealing inhibited without notice to specified persons. 140 Inhibition under order of court 141 Other Entries Notice of filing of petition or arrangement in bankruptcy. 142 Notice of annulment of bankruptcy where notice of petition entered. 143 Entry of notice of burdens that affect without registration. 144 Entry of notice of exemption from burden in Section 47 145 Entry of conclusiveness of a boundary of property 146 Entry of boundary ascertained by Land Judge's conveyance. 147 Entry of boundary by agreement 148 Settlement of boundary on transfer 149 Entry of name of new trustee of a settlement 150 Removal of description of infancy 151 Entry in register on conversion of a registered renewable lease 152 PART IV MISCELLANEOUS Land Certificates, Certificates of Charge and other certificates of title Land Certificate and certificate of charge 153 Form and contents of land certificates and other certificates of title. 154 Form and contents of certificate of charge 155 Form of certificate of charge in certain cases 156 Certain entries not to be made in certificates of title 157 Authentication of entry on certificate of title 158 The date of issue of a certificate of title 159 Production of a certificate of title in registrations. . . 160 Production of certificate of charge on sale, by owner of charge, of property charged. 161 Application for order for production of certificate of title 162 Power to dispense with production of certificate of title in certain cases. 163 On registration of dealing certificate of title to be made conformable with register. 164 Power to issue new certificate in certain cases 165 Deposit in Registry of certificate for specified registrations 166 Certificates of title containing unofficial entries to be cancelled 167 Power to issue new certificate when certificate lost and to dispense with certificate of charge 168 Record to be kept of outstanding certificates 169 Note of issue of certificate to be made in register 170 Authorised statements on certificates 171 The Registry Map The Registry Map 172 Contents of Registry Map 173 Revision of descriptions in register on revision of Registry Map 174 Infants Persons who may represent infants 175 Appointment of person to represent infant 176 Persons of unsound mind Persons who may represent a person of unsound mind 177 Appointment of person to represent a person of unsound mind 178 Deeds and Documents Lodgment of deeds subject to lien 179 Documents to be retained in Registry and that may be delivered 180 Delivery of documents relating to unregistered property 181 Endorsement of documents delivered 182 Delivery to solicitor for production in court, or taxation purposes 183 Transmission of documents to Circuit Court 184 Application for transmission of document to a Local Registrar 185 Local Registrar custodian of document transmitted 186 Inspection of Documents Right to inspection of filed documents 187 Persons other than owner, entitled to inspect filed documents 188 Copies of filed documents 189 Inspection in special circumstances 190 Inquiries prior to inspection 191 Searches in the Registers and in the Registry Map Official searches 192 Solicitor not liable for error in official search 193 Application by telegraph or telephone for search 194 Replies to requisition for search by telephone or telegraph 195 Searches by public 196 Proceedings in the Registry Proceedings not to abate 197 Evidence in proceedings 198 Affidavits on proceedings 199 Form of notices issued 200 Service of notices 201 Service through the post 202 Procedure on return of notice sent by post 203 Personal service of notice, summons or order 204 How questions determined 205 Summons by Registrar 206 Powers of Registrar 207 Costs of proceedings before Registrar 208 Order for costs, how enforced 209 Decisions of Registrar, how recorded 210 Reference of questions to Court 211 General powers of Registrar 212 Power to treat proceedings as abandoned 213 PART V The Insurance Fund and Compensation thereout The Insurance Fund 214 Compensation for errors caused by limitation of period for deducing title. 215 The measure of the indemnity 216 To whom application for compensation made 217 Contents of application 218 Reference of application for report 219 Procedure on reference 220 Report of Registrar 221 Reference of a question to the Court 222 Costs of reference to Court 223 Claimant may be required to value his property as depreciated 224 Valuation of depreciated interest in property 225 Transfer of securities to trustees on payment of charge 226 Valuation of securities 227 Action by Registrar 228 Application of moneys recovered by the trustees 229 Costs of Registrar and Trustees 230 Trustees' right of inspection 231 PART VI STATUTORY MODIFICATIONS OF THE ACT Adaptation of the Act to registrations in the register of leaseholders Leaseholders 232 Adaptation of the Act to registrations in the subsidiary registers of rights Subsidiary registers in central office only 233 Incorporeal hereditaments of freehold tenure 234 Rights not being incorporeal hereditaments of freehold tenure 235 Adaptation of the Act pursuant to Section 15 of the Small Dwellings Acquisition Act, 1899, and Section 58 of the Land Act, 1923 Possessory and qualified titles 236 Adaptation of the Act pursuant to Section 57
(1)of the Land Act, 1923 , and regulations on the exchange of holdings under Section 46 of that Act How exchange under the section effected 237 Effect of registration on exchange 238 The notice of equities to be entered 239 Notices to be given 240 PART VII SOLICITORS' COSTS Solicitors' Remuneration Order as modified to apply 241 Sales, purchases, and mortgages 242 Leases and Fee Farm Grants 243 Other business 244 Meaning of "value " in schedule of costs 245 Taxation 246 Subject Matter No. of Form SCHEDULE OF FORMS Application for first registration of freehold property 1 Application for first registration of leaseholds 2 Application by a Local Authority or Department of the State for the first registration of the Authority or Minister or Public Officer as owner where the purchase money of or compensation for the property does not exceed £
  1. 3 Application by the Land Commission, or the Commissioners of Public Works, for first registration with possessory title of a holding purchased under the Purchase of Land (Ir.) Acts. 4 Application by a Local Authority for first registration of a purchaser of property under the Small Dwellings Acquisition Act, 1899, as owner with a possessory title. 5 Memorial for Registry of Deeds of the registration of property in the Land Registry. 6 Caution against first registration 7 Caution against registration of dealings in favour of the Agricultural Credit Corporation on first registration or thereafter. 8 Affidavit of interest in support of caution against first registration, to be endorsed on caution. 9 Notice to cautioner of an application for first registration . 10 Application for the cancellation of a notice of equities in the register of lands registered for 30 years. 11 Application for cancellation of a notice of equities in the register of land registered over 12 years, when the applicant claims under a transfer for valuable consideration registered not less than 12 years prior to the application. 12 Application for the cancellation of a notice of equities in the register, when the title to the tenancy existing prior to first registration has not been investigated by counsel. 13 Application for cancellation of a notice of equities in the register when the title to the tenancy existing prior to first registration has been investigated by counsel on a sale, mortgage, or other disposition for value. 14 Application by a Local Authority or Department of the State for the cancellation of a notice of equities on a certificate of its solicitor when the compensation or purchase money does not exceed £
  2. 15 Affidavit of discovery 16 Application by solicitor for registration of ownership, burdens, or other entries, under documents presented by him. 17 Undertaking to produce or procure an order for the production of a Land Certificate or other Certificate of Title. 18 Transfer of freehold land by a registered full owner 19 Affidavit of attesting witness 19 a Transfer of freehold land by a registered full owner, the registered owner of a charge joining to release his charge. 20 Transfer of part of his freehold land by a registered full owner. 21 Voluntary transfer of freehold land by a registered full owner with a power of revocation. 22 Transfer of freehold land on a sale by a registered limited owner in exercise of his power under the Settled Land Acts, the purchase money being paid to the trustees of the settlement. 23 Transfer of freehold land by a registered owner of a charge in exercise of his power of sale. 24 Transfer of freehold land by a registered full owner to two persons as joint tenants. 25 Transfer of freehold land to two persons who are trustees for sale 26 Transfer of freehold land to two persons as tenants in common. 27 Transfer of freehold land by a registered owner creating rights in favour of himself and others. 28 Settlement of freehold land by a registered full owner on the marriage of his child. 29 Transfer by a registered full owner of a leasehold estate in the register of leaseholders. 30 Transfer by a registered full owner of a rent charge in a subsidiary register. 31 Application by the Land Commission to be registered as full owner of land vested in it under Section 65
(1)of the Land Act, 1923 . 32 Application by a Local Authority to be registered as owner of property vested in it under Section 5 of the Small Dwellings Acquisition Act,
  1. 33 Application by the personal representative of a full owner of property that has vested in him as personal representative for registration for the purposes of administration. 34 Assent by a personal representative in whom the property is vested to a devise to another beneficially entitled. 35 Application by a devisee beneficially entitled for registration as full owner of property on the assent of the personal representative. 36 Application by a devisee entitled as tenant for life, or as having the powers of a tenant for life for registration as limited owner on the assent of the personal representative. 37 Application by trustee devisees for registration as full owners of property on the assent of the personal representative. 38 Application by a person entitled as sole devisee for registration as owner of property that is vested in him as personal representative, or, where he is registered a personal representative, for the cancellation of the inhibition entered on his registration, administration having been completed. 39 Transfer of the land of a testate full owner by his personal representative in whom it has vested to a devisee absolutely entitled, or his successor. 40 Transfer of the land of a testate full owner by his personal representative, at the direction of trustee devisees, to a beneficiary who has become absolutely entitled under the trusts of the will. 41 Transfer of the land of an intestate full owner by his personal representative in whom it has vested to the person by law beneficially entitled under the intestacy, or his successor. 42 Application for registration by a person who claims to be beneficially entitled to the property of an intestate owner that has vested in him as the personal representative of the intestate, or where he is registered as personal representative, for the cancellation of the inhibition entered on his registration, administration having been completed. 43 Application for registration by a devisee of a full owner of freehold hereditaments that do not vest in his personal representative. 44 Notice to personal representative of a deceased full owner of an application for registration by a devisee of freehold hereditaments of the owner that do not vest in his personal representative. 45 Application for registration by the heir, or widow, of an intestate full owner of freehold hereditaments that do not vest in his personal representative. 46 Application for registration as owner by the person entitled under a settlement, on the cesser of the estate of the registered limited owner. 47 Assent to the registration of a burden 48 Charge for a principal sum 49 Charge for future advances 50 Charge by a personal representative on land that is vested in him for moneys that he is liable to pay as personal representative. 51 Transfer of charge 52 Requisition for the discharge of a charge by its registered owner 53 Charge by way of Annuity 54 Grant of a perpetual rent charge out of freehold property 55 Entry to be made in register on deposit in the Registry of an affidavit of judgment as a judgment mortgage. 56 Notice of the deposit in the Registry of an affidavit of judgment as a judgment mortgage. 57 Requisition by a judgment creditor for the discharge in the register of an entry of a notice of deposit of an affidavit of judgment as a mortgage. 58 Requisition for the registration of a lis pendens as a burden 59 Entry of lis pendens in the register 60 Entry of recognizance in the register 61 Grant of a right of way by a registered full owner of freehold land for the benefit of other registered land. 62 Requisition for caution against dealings by a registered owner 63 Affidavit in support of caution, to be endorsed on requisition therefor. 64 Notice to owner of entry of caution 65 Warning notice to cautioner of dealing lodged 66 Warning notice to cautioner of an application by the registered owner to discharge caution. 67 Application by cautioner for withdrawal of caution 68 Application to the Registrar for the entry of an inhibition in a register. 69 Forms of inhibition 70 Notice of an application for the entry of an inhibition 71 Application to the Registrar for the discharge or modification of an inhibition on consent. 72 Application to the Registrar for the discharge, or modification of an inhibition when parties do not consent. 73 Notice to the Registrar of presenting of a petition of bankruptcy or of a petition under Section 343 of the Irish Bankrupt and Insolvent Act,
  2. 74 Notice of the annulling of an adjudication of bankruptcy made on a petition of which notice has been entered in a register. 75 Land Certificate 76 Certificate of charge 77 Application for order for production of a land certificate or other certificate of title. 78 Notice to accompany a certificate of title deposited in the Registry for the purpose of a specified registration. 79 Official receipt for a certificate of title deposited in the Registry for a specified registration. 80 Notice of lodgment of deeds in the Registry subject to a lien thereon. 81 Application for the transmission of a filed instrument to a Local Registrar for production in a Circuit Court. 82 Requisition for official search for an ownership registered in a given name. 83 Requisition for official search for the registration of the ownership of a specified parcel of land, or of any leasehold estate or right therein registered in the registers of leaseholders or of subsidiary interests. 84 Certificate of result of an official search for an ownership registered in a given name. 85 Certificate of result of search for the registration of the ownership of specified property. 86 Summons to attend before the Registrar 87 Requisition to close a register pursuant to Section 20 of the Act 88 Memorial for the Registry of Deeds of the closing of the register in respect of property. 89 SCHEDULE OF COSTS. PRELIMINARY. 1 Date of Rules. 1.
(1)These rules shall come into operation on the 1st day of December, 1937, and may be cited as the Land Registration Rules, 1937.
(2)The Orders and Rules dated the 1st September, 1910, and the 18th May, 1920, and all other Orders and Rules made pursuant to Section 94 of the Act, and subsisting immediately prior to these Rules, are rescinded as from the 30th day of November, 1937. 2 Interpretation. 2.
(1)In these Rules " The Act " means the Local Registration of Title (Ireland) Act, 1891, as amended by any subsequent Act; " The Registry " means the Land Registry; " Registrar " means the Registrar of Titles ; " Local Registrar " means the Local Registering Authority; "Form " or " Forms " means a Form or the Forms in the schedule of Forms hereto; " Property " includes land, and any leasehold estate, incorporeal hereditament, or other right, in or to land, whose ownership is or can be registered in the registers established by the Act; " certificate of title " means a land certificate, certificate of charge and any certificate of ownership of property issued under the Act or these rules; " Local Authority" includes a County Council, County or other Borough Council, Urban District Council, the Commissioner of any town, and any public body or person established by or in pursuance of any statute to perform any of their functions; and words and expressions defined in the Act have the same meaning as in the Act, where the context so admits.
(2)The Interpretation Act, 1923 , shall apply for the purpose of the interpretation of these Rules as it applies for the purpose of the interpretation of an Act of the Oireachtas, except so far as it may be inconsistent with the Act or these Rules. 3 When Registry open to public. 3.
(1)The Registry shall be open to the public daily, except on Sundays, St. Patrick's Day, or the day kept as a holiday in lieu thereof, Good Friday, Easter Eve, Easter Monday, Whit Monday, the first Monday in August, Christmas Day, St. Stephen's Day, or the day kept as a holiday in lieu thereof, and the next following working day, and on any other day on which the Minister for Justice shall authorise it to be closed.
(2)The hours during which the Registry shall be open to the public shall be from 10.30 a.m. to 4 p.m., except on Saturdays. On Saturdays the hours shall be from 10.30 a.m. to 12.30 p.m. PART I. THE REGISTERS AND THE REGISTRY OFFICES. 4 Form and contents of registers. 4.
(1)The registers shall be kept in Folios. Every Folio shall bear a distinguishing number, and shall be authenticated by the Registry seal being affixed thereto. Every Folio of a register hereafter to be opened shall consist of three parts.
(2)There shall be entered in the first part of a Folio— (
  1. i)A description of the property whose ownership is registered, with a reference to the plan on the Registry map of the land affected. (
  2. ii)Such notes as are authorised by the Act or these Rules relative to— (
  3. a)Easements and rights for the benefit of the property. (
  4. b)The inclusion of mines and minerals in, or their exclusion from the property. (
  5. c)The boundaries of the property. (
  6. d)The exemption of the property from any burden referred to in section 47 of the Act.
(3)There shall be entered in the second part of a Folio— (
  1. i)The name and description of the owner, and his address in Saorstát Eireann for service of notices. (
  2. ii)Such notes as have to be entered relative to— (
  3. a)The extent of the ownership as prescribed by section 28 of the Act. (
  4. b)The devolution of the ownership. (
  5. c)The matters prescribed by sections 64, 71, 74, 76, and 78 of the Act. (iii) Cautions and inhibitions restricting the registration of dispositions of the property.
(4)There shall be entered in the third part of a Folio— (
  1. i)Such of the burdens whose registration is authorised by section 45 of the Act as affect the property. (
  2. ii)The ownership of a registered charge, when it is not registered in a subsidiary register, and, when the Registrar permits, subcharges on a registered charge and their ownership. (iii) Notices of the existence of burdens that are or are deemed to be burdens that affect registered property without registration. (
  3. iv)Cautions and inhibitions against registration of dealings with a registered burden whose ownership is not registered in a subsidiary register.
(5)All existing Folios of the registers shall be revised in accordance with the foregoing provisions of this rule whenever it becomes necessary to attach additional sheets thereto, or, at any time that the Registrar considers such revision expedient as being conducive to clearness. 5 Authentication, contents and cancellations, of entries. 5.
(1)Entries and cancellations of entries in a Folio of a register shall be authenticated in such manner as the Registrar shall direct.
(2)Every entry shall be clearly expressed and shall state with precision the particular property or interest in the property that it is intended to affect; and no entry shall refer to matters that are not the subject of registration under the Act.
(3)Cancellation of an entry shall be made so that the entry shall remain legible. 6 Adjoining properties of an owner in two or more counties. 6.
(1)Where a registered owner of property in a County is the registered owner of adjoining property situate in another County, registration of his ownership of it in either County and of the burdens thereon, may, for the purpose of saving expense and facilitating transactions therewith, be made by reference to its registration in the Folio of the property in the other County.
(2)Where registration by reference is so made, the Folio in which the ownership and burdens are entered, shall contain a description of all the property of which the ownership is registered therein. 7 Revision of folios of registers. 7.
(1)On application of or after notice to the registered owner, the Registrar may, when he thinks it practicable or desirable, clear the title to property entered in a Folio of a register by closing it and opening a revised Folio for the property containing the subsisting entries only. He may, in doing so, make any re-arrangement conducive to clearness, including the entry of the property in two or more Folios, or the entry of property on two or more Folios in one Folio, or the altering of the number of a Folio.
(2)The Registrar may order any person in whose custody a certificate of title may be to produce it to him for the purposes of the revision, which shall be deemed to be a dealing with the property that can be effected without the consent of the person having the custody of the certificate, and the provisions of section 81
(3)shall apply to any certificate so produced.
(3)Any person inspecting a revised Folio of a register may inspect the closed Folio or Folios for which it is substituted. 8 Cancellation of determined entries under section 45. 8.
(1)The Registrar may, at any time, after such inquiries and notices (if any) as he may consider proper, and upon such evidence as he shall consider satisfactory, withdraw from a Folio of a register, by cancellation thereof, any burden, notice, or entry that, he is satisfied, no longer affects or relates to the property in the Folio.
(2)No fee shall be charged for a cancellation made without application therefor under this rule. 9 Correction of clerical errors.
  1. When a clerical error is discovered in a register, the Registrar may, after giving any notices and obtaining any evidence or assent that he may deem proper, make the necessary correction. 10 Revision of descriptions of property.
  2. The description of property in the registers shall be revised by the Registrar from time to time, and made conformable with its description on the Registry Map as and when revised. 11 Indexes. 11.
(1)There shall be maintained in the Registry an index of names and an index of lands.
(2)The index of names shall contain the name and address of every registered owner of freehold land, a leasehold estate, or a right in a subsidiary register, and a reference to the Folio of the register in which his ownership is entered.
(3)The index of lands shall contain the identification references on the Registry map to every parcel of land of which an ownership is registered in they register of owners of freehold land. or on or out of which the ownership of a leasehold estate or an incorporeal hereditament is registered in the register of Leaseholders, or a register of subsidiary interests, and a reference to the Folio of the register in which the ownership is entered.
(4)The index of the names of registered owners of rights in the subsidiary registers, and the index of lands, shall not be kept in the Local Offices. 12 Closing registers. 12.
(1)A requisition to close the register of an owner of freehold land or of a leasehold estate or a subsidiary interest, shall be made by the registered owner, and shall be accompanied by consents of all persons appearing by the register to have any interest in the property.
(2)The requisition shall be in Form 88.
(3)The memorial of the closing of the register shall be in Form 89. It shall be sealed with the Registry seal, and shall be transmitted to the Registry of Deeds for registration at the beginning of the day on which the register is closed and prior to the registration on that day of a memorial in the Registry of Deeds lodged by any member of the public. 13 The Central Office to be the office for registration. 13.
(1)The Central Office shall be the Office for the registration of all property in Saorstát Eireann.
(2)Duplicates of the register of the owners of freehold land, and the register of leaseholders, in a County shall be kept and maintained in the Local Office of the County. 14 The local office and the duties there. 14.
(1)There shall be kept in each local office such books, forms, and files, for the transaction of the business of the Office as the Registrar may from time to time direct.
(2)Each local Registrar shall be responsible for:— (
  1. a)The registration in the registers of his Office of the entries therefor transmitted from the Central Office. (
  2. b)The maintenance of the registers and indexes of his Office. (
  3. c)The safe custody of the registers and other records of his Office, the inspection and delivery of copies thereof, where such inspection or delivery is authorised by these rules, and the assessment and collection of the prescribed Registry fee stamp for an inspection made or copy delivered and for the fees so collected. (
  4. d)The receipt in accordance with these rules of documents that may be received in his office for the purposes of a registration, the assessment and receipt of the Registry fee stamp for the transaction for which the document is presented, and the transmission to the Central Office within the prescribed time of the documents and fee stamp so received. PART II. FIRST REGISTRATION : CANCELLATION OF NOTICES OF EQUITIES, AND OF POSSESSORY OR QUALIFIED TITLES ; AND OTHER REGISTRATIONS INVOLVING EXAMINATIONS OF THE TITLE OF PERSONS TO UNREGISTERED INTERESTS IN REGISTERED PROPERTY. Applications for First Registration. 15 Form of application for first registration. 15. Every application for first registration of ownership under the Act, except an application by the Land Commission, the Commissioners of Public Works, a Local Authority, or Department of State, under rule 20, 21, 22, or 24, shall be by written application to the effect of Form 1, or 2, as the case may require. 16 Documents to accompany application for registration of ownership of freehold property. 16.
(1)An application for registration of the ownership of freehold property to which rule 20, 21, 22, or 24 do not apply shall, unless the Registrar otherwise directs, be accompanied by :— (
  1. i)A concise statement of the title giving in chronological order a summary of the documents, and the events and facts on which the applicant's claim to the property is based. (
  2. ii)All original deeds, and all documents in applicant's possession, or under his control relating to the property, including opinions of counsel, abstracts of title, contracts for and conditions of sale, searches, requisitions, and replies, and other like documents, and the evidence by affidavit, statutory declaration, or otherwise, proving the facts stated and necessary to be proved to establish the title. (iii) A plan of the property drawn on a section of a revised ordnance sheet, unless there is a plan thereof on some muniment of title sufficient to identify it on the Registry map. (
  3. iv)A schedule in duplicate of all documents lodged with the application.
(2)If the applicant, where authorised by these rules, relies on the opinion of counsel in support of his title, the statement of title required by this rule need not be lodged. 17 Documents to accompany application for registration in register of leaseholders and subsidiary interests other than incorporeal hereditaments. 17. An application for registration of a leaseholder in the register of leaseholders or of the owner of a right, other than an incorporeal hereditament of freehold tenure, in the register of subsidiary interests to which rules 20, 21, or 22 do not apply shall, unless the Registrar otherwise directs, be accompanied by the following documents :— (
  1. i)Where the application is by or on behalf of the original lessee or his personal representative or the original grantee of a right who does not require a note of the validity of the lease or grant to be entered in the register, the lease or grant and a plan of the land subject thereto sufficient to identify it on the Registry Map. (
  2. ii)Where the applicant is not the original lessee or the original grantee of a right, the documents specified in rule 16
(1), except that, where the land subject to the lease or right is registered land on which the lease or right is registered as a burden, a plan need not be lodged. 18 Length of title. 18. When the market value of the property the subject of the application is shown to the satisfaction of the Registrar not to exceed £300, the title to be shown by the applicant may commence with a disposition thereof made not less than 20 years prior to the date of the application that would be a good root of title on a sale under a contract limiting only the length of title to be shown. In other cases the title of the applicant may commence with a like disposition made not less than 30 years prior to the date of the application. 19 Examination of title. 19.
(1)The Registrar, on the request and at the expense of an applicant, may, in his discretion, refer the examination of the title to a conveyancing counsel, and he may act on the opinion of such counsel and dispense with an official examination of the title.
(2)Where the title of an applicant has been examined for a period not less than that prescribed by the foregoing rule— (
  1. i)by the conveyancing counsel of a Court on a sale or purchase of the property under an order of the Court, or (
  2. ii)by a practising barrister of not less than 6 years' standing on a sale of mortgage of the property, the Registrar may dispense with or modify the official examination of the title as the circumstances of the case may require, and may act on the opinion of the counsel.
(3)Subject to the foregoing, every title to property the subject of an application under rule 15 shall be examined by or under the supervision of the Registrar, who shall direct such searches, advertisements, notices and inquiries, as he may deem necessary; and he may accept a title that is in his opinion a good holding title, subject to the payment to the Insurance Fund of such additional fee (if any) as he may fix, or may extend the examination in such manner as the circumstances of the case may require; but no evidence of title shall be called for that could not be required on a sale of the property under an open contract. 20 Application by State or local authority or when value of property does not exceed £100. 20.
(1)Where property is acquired by a Department of State or a Local Authority, and the purchase money or compensation paid therefor does not exceed £100, the Registrar may dispense with an official examination of the title and may register, the Minister of the Department, or public officer or body having the management of the property, or the Local Authority, on a certificate of title by the solicitor for the Department or Authority.
(2)The application for first registration shall be in Form 3. It shall be signed by the solicitor for the Department or Authority and shall be accompanied by a plan of the property drawn on a revised ordnance sheet. 21 Application of Land Commission or Board of Works for a registration with possessory title. 21.
(1)An application by the Land Commission or the Commissioners of Public Works for the first registration of a person as owner with a " possessory " title to land purchased under the Purchase of Land (Ireland) Acts before the 1st January, 1892, shall be in Form 4, and shall be accompanied by a plan of the land drawn on a revised ordnance sheet.
(2)A certificate by the solicitor of the applicants shall be endorsed on the application, which shall certify that the person whose registration is applied for is in possession of the land the subject of the application.
(3)Where the land appears from the register to be registered land registration of the applicant shall not be completed until notice is sent to the registered owner and his objection (if any) has been dealt with in accordance with these rules. 22 Applications by local authority under statutory powers for first registration of a purchaser. 22.
(1)An application by a Local Authority for the first registration of a purchaser under the Labourers Act, 1936 , shall be made by lodging in the Registry the documents prescribed by section 19
(2)of that Act.
(2)An application by a Local Authority for the first registration of a person as owner with a " possessory " title to property acquired under the Small Dwellings Acquisition Act, 1899, shall be in Form 5. A certificate by the solicitor of the applicant shall be contained in or endorsed on the application, which shall certify that the person whose registration is applied for is in possession of the property the subject of the application. The application shall be accompanied by a plan of the property drawn on a section of a revised ordnance sheet.
(3)Where the property appears from the registers to be registered property registration shall not be completed until notice is sent to the registered owner and his objection, if any, has been dealt with in accordance with these rules. 23 Notice by the Land Commission under sect. 23
(1)(a). 23. Notice by the Land Commission to a purchaser under the Purchase of Land (Ireland) Acts prior to the 1st January, 1892, requiring him to register his ownership shall be in writing, and shall be sent by post to the payer of the annuity payable for the holding. It shall require the owner to apply for registration within 30 days from the date thereof. 24 Notice by the Land Commission under sect. 23
(1)(b). 24. The notice to be transmitted by the Land Commission to the Registrar of a sale to a purchaser under the Purchase of Land (Ireland) Acts in order that he may be registered as owner shall be in the form of the vesting order, conveyance, or other instrument under or by virtue of which the land is vested in the purchaser, and may be an official copy of such instrument. The notice shall be accompanied by a plan of the land drawn on a revised ordnance sheet. 25 Transfer to registers of recorded property. 25.
(1)The title to property recorded under the Record of Title (Ir.) Act, 1865, shall be transferred to the registers established by the Act at such times as the Registrar may direct.
(2)The Registrar may postpone the entry of any recorded property in a register under the Act until an application is about to be made for registration under a disposition thereof.
(3)On the entry of the ownership of recorded property in a register under the Act, the record thereof under the Act of 1865 shall be closed, and a reference made thereon to the Folio of the register to which the property has been transferred. 26 Registration of recorded property. 26. On the transfer of recorded property to a register under the Act— (
  1. i)All charges, incumbrances, leases, and other rights, on the record that are burdens within the meaning of section 45 of the Act shall be entered as burdens in the register in their priority as recorded. (
  2. ii)Notice of the existence of any of the burdens specified in section 47 of the Act that are on the record shall be entered in the register. (iii) The person appearing on the record as entitled to the property shall be entered in the register as full or limited owner according to his estate therein as shown by the record. 27 Entry of easement or profit á prendre as part of description of property registered. 27. An easement or profit á prendre expressly granted with property as appurtenant thereto by a Land Judge's conveyance or a Land Commission vesting order may, on first registration of the ownership of the property, be entered in the register as part of the description of the property, and may be described in the register by reference to the conveyance or order. 28 The notice of equities. 28.
(1)Where, on first registration of land purchased under the Purchase of Land (Ireland) Acts, the Registrar dispenses with the ascertainment of the burdens arising from the interest vested in the purchaser under those Acts being a graft on his previous interest, he shall enter notice (in these rules called notice of equities) in the register that the ownership registered is subject to the equities arising from the estate vested in that purchaser by the specified conveyance, fiat, or vesting order, being deemed a graft upon his previous interest therein.
(2)Where the land is a holding that has been acquired in exchange for a holding subject to a notice of equities, and the equities protected by the notice that affected the holding given in exchange are transferred under any provision of a Purchase of Land (Ireland) Act to the acquired holding, the notice of equities entered in the register of the acquired holding shall be modified in such manner as the Registrar may deem expedient for the protection of the equities transferred. 29 Notice of statutory restrictions. 29. Where, on an application for the first registration of the ownership of property, it appears that the property is subject to restrictive or prohibitive provisions against alienation, assignment, sub-division, or letting, under any Act, notice shall be entered in the register of the fact that the property is subject to the restrictive or prohibitive provisions of the specified Act. 30 Entries relative to mines and minerals. 30.
(1)If, on an application for first registration of the ownership of property, it appears from any document, or otherwise, that all or any of the mines and minerals are severed from the property, a note shall be entered in the register to the effect that the registration does not extend to the mines and minerals, or to such of them as are so severed.
(2)If, on an application for the first registration of the ownership of property, or at any time after such registration, it is proved to the satisfaction of the Registrar that the right to all or any of the mines or minerals is vested in the applicant, or in the registered owner, he may extend the registration to such mines and minerals by adding to the description of the property in the register a note to the effect that the mines and minerals, or specified mines and minerals, are included in the registration; and they shall thenceforth form part of the property described in the register of which the ownership is registered. 31 Memorial for Registry of Deeds. 31. Except as in the Land Acts otherwise provided, the memorial for the Registry of Deeds of the registration of property under the Act shall be in Form 6, with such modification thereof as the Registrar in special circumstances may allow. It shall be sealed with the Registry seal, and shall be transmitted to the Registrar of Deeds for registration at the beginning of the day on which the property is entered in a register of the Registry, and prior to the registration on that day of a memorial in the Registry of Deeds lodged by any member of the public. Cautions against first registration. 32 Form of caution and of affidavit in support of it. 32.
(1)A caution requiring notice of an application for the first registration of the ownership of property shall be in Form 7, except a caution under section 15 of the Agricultural Credit Act, 1929 .
(2)A caution under section 15 of the Agricultural Credit Act, 1929 , requiring notice of an application for first registration shall be in Form 8.
(3)The affidavit of interest in support of the caution shall be to the effect of Form 9, and shall be made by the cautioner or his solicitor.
(4)A cautioner may at any time by writing signed by himself, or his solicitor, withdraw his caution, or consent to a registration. 33 Form of notice on cautioner. 33. The time to be stated in the notice to be served on a cautioner under section 61 of the Act within which he may appear and oppose an application for first registration shall be 10 days. The notice shall be in Form 10. Applications for cancellation of a notice of equities or of possessory or qualified title entered in a register. 34 Application when ownership registered for 30 years. 34. When the ownership of property has been registered under the Act for 30 years, the Registrar may cancel a notice of equities appearing in the register of it— (
  1. a)On an application of the registered owner, or of his personal representative, by affidavit to the effect of Form 11. (
  2. b)On any application for registration of the ownership, when he is satisfied from the entries in the register or otherwise that no right, equity, or interest, subsisting or capable of arising at the date of the first registration of ownership, and protected by the notice, subsists at the time of the application. 35 Application when ownership registered 12 years under transfer for value. 35. When the ownership of property has been registered for over 12 years, and the applicant for the cancellation of a notice of equities claims as, through, or under, a registered owner registered not less than 12 years prior to the application on a transfer for valuable consideration made after the first registration, and occupation has been in accordance with the registered title, the Registrar may cancel the notice on an affidavit by the applicant to the effect of Form 12. 36 Application when land acquired by local authority or State and purchase money does not exceed £100. 36.
(1)When registered land subject to a notice of equities has been acquired by a Local Authority or a Department of the State and the purchase money or compensation paid on the acquisition does not exceed £100, the Registrar may cancel the notice of equities in the register of the land so acquired on an application by the solicitor for the Authority or Department certifying his investigation of the title prior to first registration and that on such investigation no adverse rights or incumbrances were disclosed.
(2)The application shall be to the effect of Form 15. 37 Other applications for cancellation of a notice of equities 37.
(1)Every other application for the cancellation of a notice of equities in a register shall show the title to the tenancy in the property that existed prior to its purchase under the Purchase of Land (Ireland) Acts.
(2)If the tenancy was created more than 20 years prior to the first registration of ownership, the title thereto may commence with a disposition thereof made not less than 20 years prior to the date of the application. If the tenancy was created less than 20 years prior to the first registration, the title shall commence with the creation of the tenancy.
(3)The application shall be made by affidavit to the effect of Form 13 or 14 according as applicant does or does not rely on opinion of counsel. 38 Examination of title to interests protected by notice of equities. 38.
(1)The title shall be examined by, or under the supervision of, the Registrar, who may extend the examination in such a manner as the circumstances of the particular case may require; but no evidence of title shall be called for that could not be required on a sale of the property under an open contract.
(2)The Registrar may dispense with, or modify, as he may think fit, the official examination of the title when it has been examined for the prescribed period by a practising barrister of not less than 6 years' standing on the occasion of a disposition for valuable consideration, and his opinion of its validity, with the evidence on which it was based, is lodged with the application. 39 Notices of application to be given. 39. Before the cancellation of a notice of equities consequential on an examination of title the Registrar— (
  1. i)shall give notice of the application to the registered owner, if he is not the applicant or a consenting party to the application; (
  2. ii)shall give notice of the priority of any burden ascertained to have priority to a registered burden to the owner or reputed owner of the registered burden, and of the registration of the ascertained burden proposed; (iii) may, in his discretion and at the applicant's expense, give notice of the application, or of proposed entries or cancellation of entries consequential on the examination of title, as he may think proper. 40 Cancellation of notice of possessory title. 40. The foregoing rules relating to applications to cancel a notice of equities shall apply to the examination of the title of owners registered with a " possessory " title to property and to the cancellation of the notice in the register of such title; and the Forms shall be applicable with such modifications thereof as the circumstances of the case may require. 41 Cancellation of notice of qualified title. 41. An application to cancel a notice in a register of a " qualified " title shall be made in writing, and shall be accompanied by evidence of the title of the registered owner to the estate or interest excepted in the register from the effect of registration, or by such other evidence as the applicant relies on in proof that the estate or interest so excepted has been extinguished, or has otherwise ceased to affect the property. 42 How burdens ascertained entered on cancellation of notice. 42. On cancellation in a register of a notice thereon of equities or of possessory or qualified title, consequential on an examination of title under these rules— (
  3. i)a burden ascertained to affect the property shall be entered in the register in the same manner as a burden on it created after first registration; but no ownership of the burden shall be registered until the title of the person claiming it has been shown to the satisfaction of the Registrar. (
  4. ii)If the burden is ascertained to have priority to a registered burden, a note of its priority to the registered burden as ascertained shall be made in the register. 43 How register made conformable with titles ascertained. 43. If it appears to the Registrar on an application to cancel a notice of equities or of a possessory or qualified title that a registered burden does not affect the ownership of the property as ascertained, or affects only a limited ownership or estate in remainder therein, he shall give notice to its owner or reputed owner of the facts ascertained and of the entries, and cancellation or amendment of entries, in the register that he proposes to make; and in default of objection, and subject to the determination in accordance with these rules of any objection made, such cancellation or amendment of the entry, or new entry shall be made as may be necessary to make the registered title conformable with the title as ascertained. 44 When Land certificates may be issued in substitution for deed deposited as a lien. 44. If, on an application to cancel a notice of equities or of a possessory or qualified title, it appears that a lien created by deposit of the title deeds to the property prior to its first registration is an equity affecting it, and no burden created after the deposit is registered, the Land Certificate or Certificate of title of the property may, with the consent of the registered owner and the depositee, be issued to the depositee in substitution for the title deeds as the evidence of his lien by way of equitable mortgage on the property. Other examinations of title. 45 Other investigations of title outside register. 45. An application to examine the title of— (
  5. i)the lessor of a registered leasehold estate, or the grantor of a registered incorporeal hereditament of freehold tenure, for the purpose of having a note entered in the register of the validity of the title of the lessor or grantor, (
  6. ii)the grantor of a fee farm grant or grant in perpetuity made under the provisions of any Act in conversion of a registered leasehold estate for the purpose of having the land transferred from the register of leaseholders to the register of freeholders, (iii) any person to a mortgage registered as a burden whose ownership is not registered for the purpose of having it withdrawn from the register, or of having its owner registered, shall be made by written application to the effect of Form 1 or 2 with such modifications as may be requisite and the provisions of Rules 16 to 19 inclusive shall apply thereto, except that a plan need not be lodged with the application. General provisions relative to first registration and applications requiring an examination of title of unregistered interests. 46 Form of affidavit of discovery. 46. An affidavit of discovery made pursuant to section 66 of the Act shall be to the effect of Form 16. Unless the Registrar permits otherwise, the affidavit shall be made by the applicant. If made by any person other than the applicant, the deponent shall state his means of knowledge. 47 Registration of tenants in common. 47. Where it appears to the Registrar from an examination of title that two or more persons are entitled as tenants in common, he shall ascertain and enter in the register the share of each person in the property. 48 Registration of trustee owner. 48. If it appears from an examination of title that the applicant for registration as owner, or the registered owner, as the case may be, is an express trustee, there shall be entered in the registrar on the completion of the registration applied for, such inhibition as the Registrar may deem expedient to restrict registrations under dispositions by the owner that are unauthorised by the trust. 49 Notices to be given of proposed registration. 49. Unless the Registrar in special circumstances otherwise directs no registration consequential on an examination of title shall be completed until the applicant, and such other persons as the Registrar may direct, have been notified of the registration proposed. 50 Date of registration. 50. Every registration, or entry, in a register consequential on an examination of title of unregistered interests shall be made as of the day on which the draft Folio for the register, or the draft entry for a Folio is finally settled in the Registry. PART III. DEALINGS WITH REGISTERED PROPERTY. General. 51 Form of instruments. 51. The forms of transfer, charge, and other dispositions prescribed by these rules may be used on all transactions to which they refer, or are capable of being applied or adapted, with such alterations and additions as the transaction may require. No registration shall be made under an instrument that is not in a prescribed form, unless it is in a form that would be effectual to convey or create the legal estate or interest sought to be transferred or created if the property to which it relates was unregistered. 52 Evidence of execution of instruments. 52. The execution of every application, except an application by a solicitor, and of every instrument shall be attested by a witness. The execution of an application or an instrument by a blind or illiterate person shall be verified by affidavit of an attesting witness. The execution of an application or an instrument by other persons shall be verified by affidavit of an attesting witness whenever the Registrar so requires. 53 Evidence of execution of instruments by an attorney. 53.
(1)If an application or instrument is executed by attorney, the power of attorney, or an office copy thereof, shall be produced to the Registrar; and, in cases not within sections 8 and 9 of the Conveyancing Act, 1882, evidence shall also be given that the principal was alive at the time of the execution of the instrument, and that the power was then unrevoked.
(2)The original power of attorney, or an office copy of the original filed in the central office of the High Court, shall be filed in the Registry. 54 Identification of part of registered property transferred. 54. An instrument dealing with part of the property in a Folio of the register shall be accompanied by a plan drawn on a section of an ordnance sheet accompanying the instrument and referred to therein, or on a section of an ordnance sheet signed by the grantor, and by the grantee or his solicitor, showing the part dealt with, unless such part is clearly defined on the Registry map and can be identified thereon from the description in the instrument. 55 Application by solicitor for registration of dealing how made. 55.
(1)Every application or instrument for registration sent to or delivered at the Registry by a solicitor shall be accompanied by a statement signed by him giving— (
  1. i)The names of all the parties to the transaction for whom he acts as solicitor. (
  2. ii)The documents sent. (iii) The ownership, or other entries, for the registration of which he applies. (
  3. iv)The name of the person who had the custody of a land certificate, certificate of charge, or other certificate of title lodged for the purposes of the registration (if any), and the name of his solicitor, if it is to be reissued to his solicitor.
(2)The statement may be in Form 17. 56 Presentation of dealing for registration. 56.
(1)Applications and instruments may be sent to or delivered at the central office, or the local office of the county in which the property is situated. An application or instrument sent to or delivered at a local office shall be transmitted by the local Registrar to the central office by post on the day of its receipt.
(2)Except as herein provided, an application or instrument, with the proper Revenue stamp impressed thereon, and accompanied by the Registry fee stamp for the registration applied for, or the undertaking for payment thereof prescribed by rule 57, may be received for registration.
(3)If the production of a land certificate, certificate of charge, or other certificate of title (other than a certificate in the custody of the Land Commission) is required under these rules for the purposes of a registration, the instrument or application shall not be received unless the certificate is produced therewith, or an undertaking is given in Form 18 to procure its production. If the certificate is not produced, or an order for its production obtained, within the time specified in the undertaking, the receipt of the instrument or application for registration shall be cancelled and the proceedings thereunder shall be treated as abandoned. 57 Dealing may be received for registration if undertaking for payment of Registry fee given. 57.
(1)An application or instrument unaccompanied by the Registry fee stamp for the registration applied for may be received for registration, if accompanied by an undertaking in writing by a solicitor to pay the registration fee when assessed.
(2)The prescribed postage fee shall be chargeable and payable as part of the registration fee in all cases in which the Registry fee for the registration applied for does not accompany the application or instrument.
(3)No registration shall be made under an application or instrument sent or delivered without the registration fee until the fee as assessed is paid. If it is not paid within 3 days after notice of the assessment is given, no registration shall be made, and the receipt of the application or instrument for registration shall be cancelled. 58 Priority of dealings received for registration. 58.
(1)Applications and instruments shall rank for priority of registration in the order in which they are received in the central office.
(2)Applications and instruments affecting the same property received from a local office on any day by the same post shall rank for the purposes of priority in the order in which they have been received by the Local Registrar at the Local Office; subject thereto all applications and instruments received through the post on any day prior to the opening of the central office to the public on that day shall be deemed to be delivered at the same time and immediately before the opening of the office to the public on that day; and all applications and instruments received through the post after the opening of the office to the public shall be deemed to be delivered at the same time and immediately before the closing of the office to the public on that day.
(3)Two or more applications or instruments relating to the same property delivered at the same time by the same person shall rank for the purposes of priority in the order directed by the person delivering them, and, in the absence of direction, in such order as may be inferred from the applications and instruments. 59 Notice in register of pending registration.
  1. Notice of every application or instrument received for registration shall, pending registration, be entered in or attached to the Folio of the register to which it relates in such manner as the Registrar may direct. 60 Forgery notice.
  2. Notice of the receipt of an application or instrument for registration shall be sent from the Registry to the registered owner by whom it purports to be executed, and if within the time prescribed in the notice the owner to whom it is sent does not notify the Registrar that the application or instrument was not executed by him, registration may be completed. 61 Date of registration.
  3. Except as in rule 50 otherwise provided, registration shall be completed as of the day on which the instrument or application is received for registration. 62 Registrar may refuse registration or may require amendment of instrument or application in certain cases. 62.
(1)Where it appears to the Registrar that an application or instrument is not expressed so as to indicate with sufficient precision the property or part of the property in the register to which it relates, or the ownership, burden, or notice, to be entered in the register therefrom, or that the instrument or other document, or the execution thereof, is defective, or that an assent, declaration, or affidavit, presented with it does not disclose the facts required by these rules to be stated on the registration applied for, he may refuse to make any registration thereunder either absolutely or except with such modifications as he shall approve. If he is of opinion that the registration can be effected on the defect or omission being corrected, he may notify the applicant, and may require him to rectify it by amendment and re-execution of the instrument, or by lodgment of a supplemental application, assent, affidavit, or instrument, as the case may be, within a time, not less than 21 days, to be stated in the notice.
(2)If an applicant does not comply with a notice sent under this rule within the time stated therein, the Registrar may treat the application for registration as abandoned, and thereupon its receipt for the purposes of the registration applied for shall be cancelled, and the documents lodged by the applicant shall be redelivered to him. 63 Amendment of instrument and priority of amended instrument. 63.
(1)If any alteration is required in an instrument after it has been received for registration, it may, if the Registrar permits, be withdrawn from the Registry for the purpose of alteration and re-execution before any entry under it has been made in a register.
(2)The re-execution shall be by all persons whose interests appear to be affected, whether it was originally executed by them or not.
(3)On redelivery at the Registry, the instrument shall be entered for the purposes of the registration applied for as of the date and priority of the redelivery. 64 Adjudication of sufficiency of stamp on instrument. 64.
(1)If a question arises whether an instrument bears the proper Revenue stamp, and the solicitor for the applicant gives a written undertaking that he will, within a time fixed by the Registrar, furnish evidence that the deed is sufficiently stamped, entry of the instrument for registration may be made or continued.
(2)If the written undertaking has not been complied with within the time fixed, the entry of the instrument for the purposes of the registration applied for shall be cancelled. 65 Registration under instrument by person entitled to be registered. 65. Except in the case prescribed by section 84
(3)of the Act, no registration shall be made under an instrument executed by a person who claims to be entitled as owner until he is registered as owner, or his right to be so registered has been shown to the satisfaction of the Registrar, and the Registry fee chargeable on his registration has been paid. 66 Registration of a tenant in common. 66. An application for registration as owner by a person claiming as tenant in common of an undivided share in property shall state the share to which he is entitled, when the share does not appear from the instrument lodged. The entry in the register shall be that the applicant is full owner, or limited owner, as the case may be, of a specified undivided share of the property. 67 Registration of a trustee owner. 67.
(1)Where it appears from an application or instrument that the applicant for registration is an express trustee, no entry of his ownership shall be made until such inhibition is applied for or consented to by the applicant as shall, in the opinion of the Registrar, be expedient for the restriction of any disposition of the property that would defeat or prejudice the trust.
(2)Where an application is made for registration under an instrument that creates a right capable of being registered as a burden, and the person authorised by the Act or these rules omits or refuses to assent to its registration, the Registrar may, if he thinks fit, enter in the Register, an inhibition against any dealing by the applicant that would defeat or postpone the right without notice to the person appearing from the instrument to be entitled to it. Transfers. 68 Forms of transfer.
  1. A transfer may be made by an instrument in one of the forms of transfer in the schedule of Forms. 69 Transfer of part of holding subject to restrictions and Land Purchase Acts.
  2. A transfer of part of a holding subject to a statutory restriction against subdivision in a Purchase of Land (Ireland) Act shall, when presented for registration, be accompanied by the consent of the Land Commission to the subdivision created by the transfer, and the map (if any) referred to in the consent. 70 Duty of transferee who is a trustee.
  3. Where a transfer is made to a transferee who is an express trustee of the property transferred, it shall be the duty of the transferee on registration to apply for the entry in the register of an inhibition appropriate for restricting dispositions of the property unauthorised by the trust on which he holds. 71 Registration under a transfer by owner in execution of order of court. 71.
(1)A transfer by a registered owner, or his personal representative, in execution of a decree, judgment, or order of a court, shall be accompanied by an office copy of the order of the court directing cancellation of such (if any) of the burdens and notices of burdens in the register as the property is to be discharged from on the registration of the transferee.
(2)In default of such an order the transferee shall be registered as owner subject to all the burdens and notices of burdens appearing in the register, except those for which releases, or consents to their cancellation, by their owners are produced. 72 Effect of covenant to pay rent or indemnify may be noted in register. 72. On a transfer of property subject to an existing rent, or to a burden appearing on the register, a covenant in the transfer by either party to indemnify or exonerate the other party from the rent or burden or part of it, or the effect of it, may be noted in the register. 73 Registration of purchaser from personal representative of owner discharged from judgment mortgage of beneficiary. 73.
(1)On the registration of a purchaser as owner under a transfer on sale from the personal representative of a full owner of property that has vested in the personal representative, every entry of notice of a deposit of an affidavit of judgment as mortgage on the estate or interest of a person who has a beneficial interest in the property under the will or intestacy of the deceased owner shall be cancelled.
(2)Notice of the cancellation shall be sent to the person appearing from the register to be entitled to the judgment debt. 74 Registration under a settlement.
  1. On a transfer by way of settlement no person shall be registered as limited owner thereunder without notice of the application for his registration to the trustees (if any) of the settlement (whether trustees for the purposes of the Settled Land Acts or not) unless the trustees are the applicants, or concur in the application. 75 Registration under grant reserving rent.
  2. A transfer of freehold property by a grant thereof in perpetuity reserving a rent shall be given effect to by registering the grantee as owner of the property, and the rent as a burden thereon. 76 Registration of companies. 76.
(1)A company incorporated in Saorstát Eireann under the Companies Acts, 1908 to 1917, that applies for registration under a transfer shall produce a certificate by the Registrar of Companies in Saorstát Eireann of its incorporation.
(2)A company incorporated in a British Possession that applies for registration under a transfer shall produce evidence from the Registrar of Companies in Saorstát Eireann that it has filed with him the particulars prescribed by section 275 of the Companies (Consolidation) Act, 1908.
(3)On a transfer by a company registered under the Companies Acts, 1908 to 1917, the Registrar shall not inquire whether the transfer is incidental to the objects of the company as set out in its memorandum of association. 77 Defeasance of ownership by statute. 77. Pursuant to section 39 of the Act it is hereby prescribed that the provisions of that section shall apply to the transfer of the ownership of property by statute. 78 Registration under transfer overriding estate of registered owner. 78.
(1)Where the ownership of registered property passes to another person under a disposition in defeasance of the estate of the registered owner authorised by section 39 of the Act, subject to any objection received in reply to a notice sent as prescribed by rule 79, registration of the transferee shall be made on the production of the following evidence:— (
  1. i)if the disposition is made by a person in the exercise of a statutory power, or a power registered as burden, the appointment, deed poll, or other instrument by which the power is exercised, with, subject to rule 84, such evidence as a purchaser could require, if the property was unregistered, showing that the power is exercisable, and has been exercised, by the person in whom it is vested ; (
  2. ii)if the disposition is made by a person, other than the registered owner, in execution of a judgment, order, decree, or process of court, the disposition executed by the person appointed by the court to execute it, accompanied by an office copy of the order of the court appointing him ; (iii) if the property is transferred by statute, an application in writing for registration in which the statute relied on is referred to, and, subject to rules 83 and 85, the evidence relied on in proof that the conditions have arisen, or that the events have happened that transfer the property by virtue of the statute.
(2)Proof of any facts required by this rule may be given by affidavit or statutory declaration. 79 Notice of application for registration under transfer overriding estate of owner. 79.
(1)The notice of an application for registration in defeasance of the estate of a registered owner referred to in section 39 of the Act shall not be given when his estate is overreached by a land judge's conveyance, a vesting order of a court, or of the Land Commission, or a transfer executed by a person appointed by a court for that purpose in execution of its judgment, order, or decree.
(2)In default of the concurrence of the legal representative of a deceased full owner or, in the case of a charge or burden not being an incorporeal hereditament of freehold tenure, of a deceased owner, to an application for registration under said section, in cases other than those specified in subrule
(1), notice of the application shall be given— (
  1. i)where the property vests in his personal representatives, to his personal representatives. (
  2. ii)Where the property does not vest in his personal representatives, to the person claiming to be entitled as his heir or widow, as the case may be, if he died intestate, or as his devisee, if he died testate.
(3)Where the registered owner is a limited owner, registration on an application under said section may be made with the concurrence of the limited owner and the trustees of the settlement, whether trustees for the purposes of the Settled Land Acts or not. If they do not concur, or if there are no trustees, notice shall be given in cases other than those specified in subrule
(1), (
  1. i)to the limited owner, if living, and (
  2. ii)to the trustees, if any, or if there are none, to such persons appearing from the settlement or any inhibition protecting claims thereunder to be entitled to estates or interests the subject of it, as the Registrar may direct.
(4)The applicant for registration shall furnish to the Registrar the particulars necessary for the service of the notices prescribed by this rule. 80 Cancellation of burdens on transfer overreaching the estate of the owner. 80.
(1)On the registration of an owner under section 39 of the Act, the following registered burdens and notices shall be cancelled in the register:— (
  1. i)if the transfer is made by statute, or in the exercise of a statutory power, the burdens and notices that the property would be discharged from by the statute or the exercise of the statutory power, if it was unregistered ; (
  2. ii)if the transfer is made in exercise of a power registered as a burden, the burdens and notices that rank in priority after the power; (iii) if the transfer is made by a vesting order of a court, or by a transfer of a person appointed by a court to transfer, the burdens and notices that the court directs to be discharged on the registration of the transferee.
(2)The applicant for registration shall, when required, state in writing the burdens and notices in the register for the cancellation of which he applies. 81 Notice to be given of cancellation of burdens on transfer overreaching owner's estate. 81. On the cancellation of a burden under clauses (i) and (ii) of rule 80
(1)the Registrar shall give notice of its discharge to its registered owner (if any). 82 Registration of assignees of bankrupt or insolvent owner and reregistration of owner. 82.
(1)The assignees in bankruptcy of a registered owner who has been adjudicated a bankrupt, or is an insolvent to whom the provisions of section 268 of the Irish Bankrupt and Insolvent Act, 1857, applies may be registered as owners in his place, or, if he is a registered limited owner, as assignees of his estate, on production in the Registry of the certificate prescribed by section 269 of the said Act of 1857, endorsed as prescribed by this rule.
(2)A trustee of a bankrupt registered owner appointed under section 88 of the Bankruptcy (Ireland) Amendment Act, 1872, may be registered as owner in place of the bankrupt, or, if he is a registered limited owner, as assignee of his estate, on production in the Registry of the certificate prescribed by section 90 of the said Act of 1872, or an office copy thereof, endorsed as prescribed by this rule.
(3)The assignees for the benefit of the creditors of an arranging debtor who is a registered owner and has had a resolution or agreement approved or confirmed by the court under section 347 of the said Act of 1857, may be registered as owners in his place, or, if he is a registered limited owner, as assignees of his estate, on production in the Registry of the certificate specified in said section, or an office copy thereof, endorsed as prescribed by this rule, in any case in which the vesting of the property of the debtor shall be required by virtue of such resolution or agreement.
(4)A person appointed assignee or trustee in place of a registered assignee or trustee of a bankrupt or arranging debtor who has ceased from any cause to be assignee or trustee may be registered, in place of such registered assignee or trustee, on production of the certificate of his appointment as creditors' assignee, or trustee, or an office copy thereof, or in the case of the official assignee, on production of the notification of his appointment in the Iris Oifigiúil or a certificate by the secretary of the Department of Justice of such appointment.
(5)A bankrupt whose assignees or trustee in bankruptcy are registered as owners of his registered property, may be reregistered as owner, or, where he is a limited owner, the entry of the assignees or trustee as assignees of his limited estate may be cancelled, on production in the Registry of an office copy of the order annulling the adjudication in bankruptcy endorsed as prescribed by this rule.
(6)An arranging debtor whose assignees are registered as owners of his registered property may be reregistered as owner, or where he is a limited owner, the entry of the assignees as assignees of his limited estate may be cancelled, on production in the Registry of the vesting order prescribed by section 65 of the said Act of 1872, or an office copy thereof, endorsed as prescribed by this rule.
(7)Every order or certificate produced for the purposes of a registration referred to in this rule shall have endorsed thereon a certificate by the official assignee or the trustee identifying the bankrupt or arranging debtor named in the order or certificate with the registered owner named in a specified Folio of the register whose property is sought to be transferred, or, where the application is for the reregistration of the person who was the bankrupt or arranging debtor, the consent of the official assignee or the trustee, or in the case of an arranging debtor, of his assignees, to the reregistration.
(8)Every office copy of an order annulling an adjudication in bankruptcy produced for the reregistration of a bankrupt shall be impressed with the Revenue stamp for the duty payable on a transfer by a trustee. 83 Registration of the Land Commission on a defeasance by subdivision or letting.
  1. Registration of the Land Commission as owner of a holding that has vested in it in defeasance of the estate of the registered owner on a sub-division or letting or attempted sub-division or letting in contravention of a Purchase of Land (Ireland) Act shall be made on application by the solicitor for the Land Commission in Form
  2. No evidence other than the certificate therein contained shall be required of the breach of any condition or the occurrence of any event specified in a Purchase of Land (Ireland) Act the breach or occurrence of which vests the holding in the Commission. 84 Registration of transferee of a local authority under s. 6 of the Small Dwellings Acquisition Act.
  3. On the registration of a transferee as owner under a transfer by a Local Authority in exercise of its powers under section 6 of the Small Dwellings Acquisition Act, 1899, no evidence shall be required of the breach of any of the statutory conditions specified in section 3 of that Act, or of the happening of any event giving rise to the power of the Local Authority to sell. 85 Registration of local authority under s. 5 of Small Dwellings Acquisition Act.
  4. Registration of a Local Authority as owner of property that has vested in it under section 5 of the Small Dwellings Acquisition Act, 1899, in defeasance of the estate of its registered owner shall be made on an application by the solicitor for the Local Authority in Form
  5. No evidence, other than the certificate therein contained, shall be required of the possession of the property by the Local Authority. 86 Registration of ownership of State property, and of dispositions thereof. 86.
(1)A public officer or body having the management of any property vested in the State, or in a public officer or body in trust for the public service, or if none, the person appointed pursuant to section 78
(1)of the Act to represent the owner, may be registered as full owner thereof, if the property is land, an incorporeal hereditament, or a leasehold estate, and as owner, if the property is any other right. An officer or body so registered shall be described in the register as " Custodian for the State. "
(2)No registration of the ownership of an officer or body as custodian for the State shall be made except on the application of the chief state solicitor, or the solicitor (if any) of the Department of the State that has the management of the property to be registered, who shall certify that the person or body for whose registration he applies is the person or body having the management thereof, or the person appointed to represent the owner, as the case may be ; and the Registrar shall act on his certificate.
(3)No disposition of property of which the registered owner is custodian for the State shall be registered except with the consent of the chief state solicitor, or the solicitor (if any) of the Department of State having its management. 87 Registration of dispositions of recorded property. 87.
(1)Every application for registration under a disposition or transmission of recorded property transferred to and entered in a register under the Act shall be made, and, subject to the provisions of this rule, registration thereunder shall be effected, in accordance with the provisions of the Act and the procedure thereunder prescribed by these rules.
(2)Where the title of an applicant for registration is under an unrecorded disposition or transmission prior to the transfer of the recorded property to a register under the Act, a short statement of the applicant's title shall be lodged with his application, which shall be accompanied by the documents referred to therein, and the evidence of the facts necessary to be proved to establish his title; and the Registrar on examination of the title, and after making such inquiries and searches, and giving such notices as he shall deem necessary or expedient, may make such registration in the register as shall give effect to the title proved. Transmission on death of an owner of property that vests in his personal representative. 88 Registration of personal representative for purposes of administration. 88.
(1)An application for registration for the purposes of administration by a personal representative of a full owner of property that is vested in him as such shall be made in Form 34.
(2)The application shall be accompanied by the probate or letters of administration or an office copy thereof.
(3)On the registration of the personal representative an inhibition to the effect of Form 70 (i), shall be entered in the register in which his ownership appears. 89 Assent by personal representative to a devise, and application of devisee for registration. 89.
(1)An assent by a personal representative to a devise of property that is vested in him as the personal representative of a testate full owner shall be in Form 35, except when he is the sole personal representative and sole devisee of the property.
(2)An application by a devisee for registration under the assent shall be in such one of the Forms 36, 37, or 38 as may be applicable.
(3)An application by a sole devisee for registration as owner of property that has vested in him as the sole personal representative of the testator, or for cancellation of the inhibition entered on his registration as personal representative under rule 88 shall be in Form 39.
(4)The application shall be accompanied by the probate, or letters of administration W. A., or an office copy of the will. 90 Transfer by personal representative to devisee or successor. 90.
(1)A transfer to a devisee of property, or his successor in title, by the personal representative in whom it is vested may be in such one of Forms 40 or 41, as may be applicable.
(2)If the personal representative is not registered, the transfer shall be accompanied by an affidavit by him giving such particulars as are contained in paragraph 2 of Form 34 relative to the burdens and other rights created by the will of the testator, and by the probate or an office copy of the will and probate. 91 Application for registration by a person, other than the personal representative, beneficially entitled to an intestates property. 91.
(1)An application for registration as owner by a person by law beneficially entitled to property that is vested in the personal representative of an intestate full owner, or by a successor in title of such person, shall, when he is not the sole personal representative, be made by presenting at the Registry a transfer of the property to him from the personal representative.
(2)The transfer may be in Form 42.
(3)If the personal representative is not registered, the transfer shall be accompanied by an affidavit by him giving such particulars as are contained in paragraph 2 of Form 34 relative to the persons who became by law beneficially entitled to the property of the intestate, and by the letters of administration or an office copy thereof. 92 Application for registration by personal representative beneficially entitled to an intestates property, or for cancellation of inhibition entered under Rule 88. 92. An application by a person who claims to be by law beneficially entitled to property of an intestate full owner that has vested in him as the personal representative of such owner for registration as owner, or for cancellation of the inhibition entered on his registration under rule 88, shall be in Form 43. 93 Powers of Registrar on a registration on transmission on death. 93. On an application for registration by a devisee, or other person by law beneficially entitled to the property of a deceased full owner, or by the successor of such a person who was not registered, and on an application for registration of a burden created by a personal representative, the Registrar— (
  1. i)shall be entitled to assume that the personal representative acted correctly and within his powers in making the transfer, assent, or other disposition, in the absence of any evidence to the contrary in the disposition, or any document lodged therewith for the purposes of the registration applied for, or, if the personal representative is registered, in the affidavit filed on his registration ; and he may dispense with the service of any notice required by the inhibition entered on such registration, and discharge the inhibition on registration under the transfer or assent; (
  2. ii)may give notice of the application to any person appearing to have a burden on or other right in to or over the property under the will or intestacy whose claim is not stated by the personal representative to have been satisfied or discharged and is not being registered as a burden or being protected by an inhibition; and on the application by any person served with the notice for a stay of the registration, he shall have all the powers conferred by rule 130
(3)
(4), and may either stay registration or register with such inhibition as he may direct; (iii) may enter in the register such inhibition as he may deem appropriate for the protection of a burden that appears to be subsisting, to the registration of which the applicant for registration has not assented, or of any other right in to or over the property for the protection of which the applicant has not applied for the entry of an inhibition. 94 Application for registration on death of registered owner of a charge or other burden that vests in the personal representative. 94. On the death of the registered owner of a charge or other burden that vests in his personal representative an application for registration as owner by his personal representative, or by a person claiming under his will, or as by law beneficially entitled on his intestacy, shall be made on the evidence prescribed by the foregoing rules on a like application for registration as owner of land that vests in the personal representative, and the procedure and forms shall be followed and used with such modifications (if any) as the nature of the burden, and the circumstances of the case may require. Transmission on death of a full owner of freehold property that does not vest in his personal representative. 95 Application by a devisee of freeholds for registration. 95.
(1)An application for registration by a devisee or a successor in title of an unregistered devisee of a full owner of freehold property that does not vest in the personal representative of the owner shall be in writing to the effect of Form 44.
(2)Where the will under which the applicant claims charges the property with the payment of debts, or contains a general charge on it for legacies that are payable primarily out of the general personal estate, registration shall not be made except with the concurrence of the testator's personal representative, or after notice to him. Provided that, if there is no personal representative, the Registrar may dispense with such concurrence or notice when he is satisfied that, by reason of lapse of time or otherwise, no claim by the personal representative subsists.
(3)Notice to the personal representative shall be in Form 45.
(4)A list of the documents lodged in support of the application shall accompany it. The list shall be in duplicate, if a receipt for the documents is required. 96 Application by heir or widow of intestate freeholder for registration. 96.
(1)An application for registration as owner by the person entitled as heir, or otherwise, on the death intestate of a full owner of freehold property that does not vest in the personal representative of the owner shall be in Form 46.
(2)The application shall be accompanied by— (
  1. i)The letters of administration granted on the death of the owner, or an office copy thereof, or if a grant has not been obtained, evidence to satisfy the Registrar of the death and intestacy. (
  2. ii)If the applicant claims as heir, a pedigree verified by a member of the family, accompanied by certificates or other sufficient evidence of the marriages, births, and deaths stated in the pedigree. (iii) If the applicant claims under the Intestates Estate Act, 1890, evidence that the owner left no issue and that the net value of his real and personal estate did not exceed £500. (
  3. iv)A list of the documents lodged in support of the application, which shall be in duplicate, if a receipt for them is required Other Transmissions. 97 Application for registration by successor of limited owner. 97.
(1)An application for registration by a person claiming under a settlement on the death, or cesser of the estate, of a limited owner shall be in Form 47.
(2)The application shall be accompanied by a list of the documents lodged in support of the application, which shall be in duplicate, if a receipt for them is required.
(3)The applicant shall not be registered except with the concurrence of the trustees (if any) of the settlement (whether trustees for the purposes of the Settled Land Acts or not), or after notice to them. 98 Application for registration by survivors or survivor of joint tenants. 98.
(1)When one of two or more persons registered as joint owners dies, his name shall be withdrawn from the register on proof of his death.
(2)The death may be proved by production of probate or grant of administration with evidence of the identity of the testator or intestate named in them and the owner stated to be dead. Burdens Generally. 99 Additional burdens that may be registered. 99. Pursuant to clause (m) of section 45
(1)of the Act it is hereby prescribed that the following matters may be registered as burdens on registered property:— (
  1. i)A power to appoint an estate or interest in the property exercisable within a period not exceeding a life or lives in being and 21 years thereafter. (
  2. ii)A power of distress or entry. (iii) A right in the nature of a lien for moneys worth in or over the property for a limited period not exceeding life, such as a right of support, or a right of residence, not being an exclusive right of residence in or on a specified part of the property. (
  3. iv)A burden created by statute or under a statutory power that is not one of the burdens to which, though not registered, all registered land is subject. 100 The assent to registration of burdens that is to be given by persons other than the owner. 100.
(1)Pursuant to section 45
(2)of the Act it is hereby prescribed that the concurrence of the following persons shall be substituted for the concurrence of the registered owner in the following cases:— (
  1. i)Concurrence in the registration of a burden on transferred property created by or arising on the transfer shall be given by the transferee, or the person claiming under the transferee who applies for registration as owner under the transfer. (
  2. ii)Concurrence in the registration of a burden created by the will of a deceased owner shall be given by the devisee of the property that it affects, or the person claiming under the devisee, who applies for registration as owner, or, in the case of partial intestacy, by the person on whom the beneficial interest in the property devolves, or the person claiming under him, who applies for registration as owner. (iii) Concurrence in the registration of a charge by the personal representative of an owner of land subject to Part IV of the Act for moneys that he is liable to pay shall be given by the person who applies for registration as owner under an assent or transfer from the personal representative. (
  3. iv)Concurrence in the registration of the following burdens shall be given by the Registrar : (
  4. a)a burden created under a statute or statutory power, or under a power registered as a burden, or under a trust for securing money registered as a burden ; (
  5. b)a burden created by trustees in exercise of a power under a settlement under which a limited owner is registered; (
  6. c)any burden specified in clauses (
  7. h)or (
  8. i)of section 45
(1)of the Act.
(2)The concurrence of a registered owner in the registration of a burden, or of a person, other than the Registrar, authorised by this rule to concur in its registration, may be given by his personal representative in all cases in which the property on which registration of the burden is applied for is vested in the personal representative.
(3)A registered owner, or person, other than the Registrar, required by this rule to concur in the registration of a burden, may give his concurrence personally or by his solicitor. 101 How assent to registration of a burden is to be given. 101.
(1)Concurrence in the registration of a burden shall be given by the person, other than the Registrar, authorised to concur, assenting in writing to its registration; and the assent shall be filed.
(2)The assent may be given in the instrument creating the burden. If given subsequently, it shall be to the effect of Form 48.
(3)The entry of a burden in the register in the registration of which the Registrar is authorised to concur shall be the evidence of his concurrence in its registration. 102 How burden may be entered.
  1. Entry of a burden in a register may be made by reference to the instrument creating the burden when the instrument, or a copy thereof authorised by these rules, is filed in the Registry, or by setting out an extract therefrom, or the effect thereof. 103 Owner of burden not entitled to custody of certificate of title of owner of the property.
  2. The owner of a registered burden shall not as such be entitled to the custody or delivery of the certificate of title of the property on which his burden is registered. 104 Note in register when statutory priority for burden claimed. 104.
(1)An applicant who applies for registration of a burden that, he claims, has priority over other burdens by virtue of some statute, shall state in writing the statute under which priority is claimed.
(2)On registration of the burden the Registrar, if satisfied that the burden has the priority claimed, shall make an entry in the register to the effect that as between the burden and prior burdens, it ranks in the priority conferred by the statute specified. 105 Note in register on registration of charge actually raised under a settlement. 105. On the registration of a charge actually raised within the meaning of section 20
(2)(
  1. ii)of the Settled Land Act, 1882, by an instrument executed in exercise of a power in a settlement under which a limited owner is registered, an entry shall be made in the register to the effect that, as between the charge and any other burden arising under the settlement, it ranks in the priority it has under the settlement. 106 Note in register on registration of voluntary burden when a certificate of title has been issued. 106. On the registration of a burden created by a voluntary disposition by a registered owner of property whose certificate of title is in the custody of a person who claims a lien on the property by deposit of the certificate, or of any burden specified in clause (
  2. h)or (
  3. i)of section 45
(1)of the Act on property in respect of which a certificate of title has been issued, a note shall be entered in the register to the effect that the burden ranks in priority after any lien on the property existing and created by deposit of the certificate prior to the registration of the burden. 107 Evidence on which a burden may be cancelled or modified. 107. The Registrar may cancel or modify any burden in a register, except a covenant or condition relating to the use or enjoyment of property, on the application of any person interested in the burden, or the property against which it is registered— (
  1. i)if the ownership of the burden is registered, with the concurrence of its registered owner or his personal representative, if the burden is vested in him, in the cancellation or modification applied for; but no modification that would prejudice the rights of the owner of the property that the burden affects, or of the owner of any other registered burden, shall be made on such a consent without the concurrence of that owner; (
  2. ii)if the ownership of the burden is not registered, or, if its registered owner does not concur in the proposed cancellation or modification, on proof to the satisfaction of the Registrar of the right of the applicant to the cancellation or modification applied for, and after such inquiries, and notices, as he may direct. 108 When burden may be cancelled as extinguished. 108. Where the registered owner of a burden becomes the registered full owner of the property on which it is a burden, the Registrar may, unless the contrary appears, treat the burden as extinguished and cancel its entry in the register, if after giving notice to the registered owner of his intention to do so, no objection to the proposed cancellation is made. Charges. 109 Forms of charge. 109.
(1)A charge for a principal sum, and a transfer and release thereof, may be made by instruments in one of the Forms of charge in the Schedule of Forms.
(2)A charge by way of annuity may be made by instrument in Form
  1. 110 Registration of charge created by a company.
  2. On the registration of a charge created by a company registered under the Companies Acts, an entry shall be entered in the register to the effect that the charge is subject to the provisions of section 93 of the Company's Act, 1908, unless a certificate is produced that it has been duly registered under that section. 111 Subcharges. 111.
(1)The registered owner of a charge may charge it in the same manner as the registered owner of land may charge his land. Such a charge shall be described in the register as a sub-charge.
(2)A sub-charge may be created, registered, transferred, disposed of, and released, in the same manner as a charge.
(3)On the registration of a sub-charge or of any dealing therewith the Registrar may, if he deems it expedient or conducive to clearness, transfer the title to the charge affected by the sub-charge to a subsidiary register. No fee shall be charged for the transfer of the title to a charge to a subsidiary register under this rule. 112 Meaning of future advances in register and the registration of a charge for. 112.
(1)Where a charge is registered to secure future advances the expression "future advances" in the register shall have the same meaning as that expression in section 77 of the Act.
(2)When a charge for securing future advances to an unlimited amount is registered, an entry shall be made in the register, and in any certificate of charge issued in respect of the charge, of the amount that the ad valorem duty impressed on the instrument of charge extends to cover, and neither the register nor the certificate of charge shall be admissible as evidence that the charge secures any advances in excess of that amount, except as provided in section 88 of the Stamp Act, 1891. 113 Dealing with mortgage created prior to first registration, when registered. 113.
(1)When a mortgage created prior to the first registration of property is entered in a register as a burden, the Registrar may, on the application or with the concurrence of the person entitled thereto, register him as owner of the mortgage, on due proof of his title, and after notice to the owner of the mortgaged property.
(2)The same forms may be used, and the same procedure may be adopted, on transfers and other dispositions of a mortgage of which an owner is so registered as are applicable to registered charges.
(3)A certificate of charge may be issued in respect of such a mortgage whose ownership is registered. Judgment Mortgages. 114 Registration of affidavit of judgment as judgment mortgage. 114.
(1)Registration of an affidavit of judgment as a mortgage on registered property shall be effected by the deposit in the Registry of the copy affidavit prescribed by section 6 of the Judgment Mortgage (Ir.) Act, 1850, and the entry of notice of the deposit in the register of the property that the judgment creditor seeks to charge.
(2)The notice in the register of the deposit shall be in Form 56 with such variation as the Registrar may, in special circumstances, direct. 115 Evidence on entry of notice of deposit of affidavit of judgment. 115.
(1)The registered property of the judgment debtor that the judgment creditor seeks to charge shall be identified by a statement in the affidavit to the effect that the property described in it that the judgment debtor is seized or possessed of or has disposing power over is the property, or a defined part of the property, in a specified folio of a register, or by a certificate of the judgment creditor or his solicitor to the like effect endorsed on the copy affidavit deposited.
(2)No entry of notice of the deposit of an affidavit as a mortgage shall be made in the register of any property unless the affidavit— (
  1. i)purports to be made by the creditor specified in section 6 of said Act of 1850, or by a person authorised to make it by section 3 of 21, 22 Vic., c. 105; (
  2. ii)specifies the county and barony, or the town and county of a city, and parish, or the town and parish, in which the property to which it relates is situate. 116 Notice of deposit of the affidavit to be given. 116.
(1)Notice of the deposit of an affidavit of judgment in the Registry as a mortgage, and of the entry made in the register on its deposit, shall be sent from the Registry to the registered owner of the property, and to the other persons (if any) whose estate or interest therein the affidavit purports to charge, and whose address in Saorstát Eireann for service of notices is disclosed in the register or the affidavit.
(2)The notice shall be in Form 57. 117 Application to cancel notice of deposit of an affidavit on grounds of invalidity of judgment mortgage. 117.
(1)When an entry of notice of the deposit of an affidavit of judgment is made in the register of any property, a registered owner, or any other person interested, who claims that the deposit and the notice thereof in the register do not create a valid mortgage, may apply to the Registrar for the cancellation of the notice.
(2)The application shall be in writing and shall state the grounds on which the applicant claims that the entry should be cancelled, as for instance that a specified provision of the Judgment Mortgage Act, has not been complied with, or that the judgment debtor had no estate or interest in the property, or no estate or interest capable of being affected by registration of the affidavit, and shall state the facts on which he relies in support of his claim.
(3)If the Registrar is satisfied on the facts stated that a prima facie case for cancellation of the entry has been made, notice shall be given to the judgment creditor of the application, and of the cancellation proposed to be made; and in default of objection thereto by him within the time limited by the notice, the entry shall be cancelled.
(4)Every objection to a proposed cancellation shall be in writing and shall be signed by the judgment creditor or his solicitor. It shall state the grounds of the objection, and the facts relied on in support thereof.
(5)If, in the opinion of the Registrar, the application and objection do not raise a question of law or fact relative to the validity of the registration made which should be referred to the Court, he may cancel or refuse to cancel the entry of notice of the deposit; but if a question of law or fact is disclosed on which in his opinion the validity of the affidavit as a judgment mortgage depends he may refer the question to the Court for its decision.
(6)The costs of proceedings in the Registry under this rule shall be those prescribed in Part III of the schedule of costs. If the entry is cancelled, the prescribed costs of the applicant for its cancellation shall be paid by the judgment creditor. If it is not cancelled, the prescribed costs of the judgment creditor shall be paid by the applicant. The Registrar shall on application make an order for the payment of the costs. 118 Cancellation of notice of deposit of affidavit of judgment validly registered. 118. Subject to any inhibition in the register to the contrary, an entry of notice of the deposit of an affidavit of judgment as a mortgage may be cancelled on production at the Registry of the certificate specified in section 9 of the Judgment Mortgage (Ireland) Act, 1850, of the satisfaction of the judgment, decree, or order in respect of which the affidavit was deposited, or of a requisition by the judgment creditor or his personal representative, in Form 58, for its discharge. Other Burdens. 119 Lease. 119.
(1)An application for registration of a lease as a burden shall be made by lodging in the Registry the lessee's part of the lease with a duplicate, or attested copy. The entry in the register shall give the date of and the parties to the lease, the term, and rent, and particulars of the property demised sufficient to identify it on the Registry map.
(2)The lease shall be endorsed with notice of its registration as a burden on the property in the Folio of the register specified, and shall be redelivered to the person who lodged it. 120 Rent charge. 120.
(1)A rent charge may be created by an instrument in Form 55.
(2)An application for registration of a rent charge as a burden shall be made by lodging in the Registry the grant or the rent chargeant's part thereof, with a duplicate or attested copy. The entry in the register shall give the date of and parties to the grant, the rent, and particulars of the property affected sufficient to identify it on the Registry map.
(3)The grant shall be endorsed with notice of the registration of the rent charge as a burden on the property in the Folio of the register specified and shall be redelivered to the person who lodged it. 121 Power to charge and trust to raise money. 121.
(1)A trust for securing money, and a power to charge, or other power, vested in any person virtute officii, shall be registered as a burden by reference to the instrument creating it, and no charge under the trust or power shall be registered until it is shown to the satisfaction of the Registrar that the person raising the money under the trust or power is the person authorised to do so by the instrument.
(2)A person raising money under such a trust or power shall do so by creating a registered charge in the manner prescribed by section 50 of the Act, and not otherwise. 122 Lien for unpaid purchase money. 122.
(1)An application for registration of a lien for unpaid purchase money shall be made in writing signed by the vendor or his solicitor. It shall give the address of the vendor in Saorstát Eireann for service of notices, and shall be accompanied by the prescribed assent to its registration as a burden.
(2)A lien may be discharged in a register on the consent of the vendor or his personal representative or their solicitor. 123 Order or other process of court. 123. An application for the registration of an order or other process of a court,as a burden, shall be made in writing signed by the applicant or his solicitor. It shall identify the property affected by the order, or process, by a reference to the Folio of the register in which its ownership appears and a map if necessary, and shall state whether all the property, and if not, what part of it, is affected. Evidence of the order, or other process, shall be lodged with the application. 124 Lis pendens. 124.
(1)An application for the registration of a lis pendens as a burden shall be made in Form 59. It shall be signed by the applicant or his solicitor, and shall have subscribed thereto a certificate of the existence of the cause or proceeding signed by the proper officer of the court in which it is pending.
(2)The entry of a lis pendens in the register shall be in Form 60 with such variation thereof as the Registrar may, in special circumstances, direct.
(3)An application for the discharge of a lis pendens shall be made by lodging in the Registry a certificate signed by the proper officer of the court in which the lis pendens may be, that it has been duly vacated by order of the court, or by lodging a transfer of the property made in pursuance of an order for sale by the court in which the lis pendens may be. 125 Recognizance bonds and judgments. 125.
(1)An application for registration of a recognizance, or other matter referred to in section 46
(3)of the Act as a burden shall be made by lodging in the Registry the memorandum prescribed by section 11 of 7 & 8 Vic., c. 80 with evidence of the identity of the person whose estate is sought to be affected with the registered owner or (where a limited owner is registered) other person having an estate or interest in the property under the settlement, against whom registration is applied for. The memorandum shall be signed by the applicant or his solicitor, and shall have subscribed thereto a certificate of the existence of the recognizance, or other matter, by the proper officer of the Court in which it was obtained.
(2)The entry in the register of a recognizance shall be in Form 61. The entry in the register of the other matters referred to in the said sub-section shall be in a like form with such variation as the case may require and the Registrar allow.
(3)An application for the discharge of a recognizance or a bond referred to in said section shall be made by lodging in the Registry its vacate signed by the proper offi

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