S.I. No. 96/1959 - Land Registration Rules, 1959

(1)(a) of the Act 23 Notice by Land Commission under section 23

(1)(b) of the Act 24 Transfer to registers of recorded property 25 Registration of recorded property 26 Entry of easement or profit à prendreas 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 where ownership registered 12 years under transfer for value 34 Application where land acquired by State or local authority and purchase money does not exceed £300 35 Other applications for cancellation of a notice of equities 36 Examination of title to interests protected by a notice of equities 37 Modification of examination of title in certain cases 38 Notices of application to be given 39 Cancellation of notice 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 Issue of land certificate in substitution for deed deposited as a lien 44 Other examinations of title Other examinations of title outside register 45 Subject Matter Rule 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 Notice 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 attorney 53 Identification of part of registered property transferred 54 Application by solicitor for registration of dealing 55 Presentation of dealing for registration 56 Dealing to be accompanied by registration fee 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 suffiency 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 under Land Purchase Acts 69 Duty of transferee who is a trustee 70 Registration under a transfer by owner in execution of order of court 71 Subject Matter Rule 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 over-reaching estate of registered owner 78 Notice of application for registration under transfer over-reaching estate of registered owner 79 Cancellation of burdens on transfer over-reaching the estate of registered owner 80 Notice of cancellation of burdens on transfer over-reaching the estate of registered owner 81 Registration of assignees of bankrupt or insolvent owner and re-registration of owner 82 Registration of Land Commission on a defeasance by sub-division or letting 83 Registration of transferee of local authority under s. 6 of the Small Dwellings Acquisition Act, 1899 84 Registration of local authority under s. 5 of Small Dwellings Acquisition Act, 1899, or s. 24 of Labourers Act, 1936 85 Registration of ownership of State property and of dispositions thereof 86 Registration of dispositions of recorded property 87 Registration of new trustee of friendly society 88 Transmission on death of an owner of property 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 on intestacy 91 Application for registration by personal representative beneficially entitled on intestacy 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 94 Note of death of registered owner 95 Subject Matter Rule Other transmissions Application for registration by successor of limited owner 96 Application for registration by survivors or survivor of joint tenants 97 Court orders Registration pursuant to court order 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 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 where statutory priority for burden claimed 104 Instrument creating two or more burdens to show priority thereof 105 Note in register on registration of charge actually raised under a settlement 106 Note in register on registration of voluntary burden where a certificate of title has been issued 107 Evidence on which burden may be cancelled or modified 108 Where burden may be cancelled as extinguished 109 Charges Forms of charge 110 Registration of charge created by a company 111 Sub-charges 112 Meaning of future advances in register, and the registration of a charge for same 113 Dealing with mortgage created prior to first registration where registered 114 Judgment mortgages Registration of affidavit of judgment as judgment mortgage 115 Evidence on entry of notice of deposit of affidavit of judgment 116 Subject Matter Rule Notice of deposit of affidavit 117 Application to cancel notice of deposit of affidavit on grounds of invalidity of judgment mortgage 118 Cancellation of notice of deposit of affidavit of judgment validly registered 119 Other burdens Lease 120 Rentcharge 121 Power to charge and trust to raise money 122 Lien for unpaid purchase money 123 Order or other process of court 124 Lis pendens 125 Recognisances, bonds and judgments 126 Easement or profit à prendre 127 Cautions and inhibitions against registration of dispositions Form of caution and of affidavit in support 128 Warning notice to cautioner 129 Application by registered owner for discharge of caution 130 Procedure on appearance by cautioner to a warning notice 131 Withdrawal of a caution, or consent of a cautioner to a dealing 132 Lapse of caution 133 Form of inhibition 134 Entry of inhibition on consent of registered owner 135 Application for inhibition where there is no consent 136 Procedure on application for inhibition 137 Procedure on objection to inhibition 138 Modification or discharge of registered inhibition 139 Application in anticipation of dealing inhibited without Registrar's approval 140 Procedure on lodgment of dealing inhibited without notice to specified persons 141 Inhibition under order of court 142 Other entries Notice of filing of petition of bankruptcy or for arrangement 143 Notice of annulment of bankruptcy where notice of petition entered 144 Entry of notice of burdens that affect without registration 145 Entry of notice of exemption from burden in section 47 of the Act 146 Entry of conclusiveness of a boundary of property 147 Entry of boundary ascertained by Land Judge's conveyance 148 Entry of boundary by agreement 149 Subject Matter Rule Settlement of boundary on transfer 150 Entry of name of new trustee of a settlement 151 Removal of description of infancy 152 Entry in register on conversion of a registered renewable lease 153 PART IV MISCELLANEOUS Land certificate and certificate of charge 154 Land certificates and certificates of title other than certificates of charge Form and contents of land certificate and other certificate of title 155 Certificates of charge Form of certificate of charge in certain cases 156 Form and contents of certificate of charge 157 Certificates generally Certificate not to certify ownership of burdens 158 Authentication of entry on certificate of title 159 The date of issue of certificate of title 160 Production of certificate of title in registrations 161 Production of certificate of charge on sale by owner of charge of property charged 162 Application for order for production of certificate of title 163 Power to dispense with production of certificate of title in certain cases 164 On registration of dealing, certificate of title to be made conformable with register 165 Power to issue new certificate in certain cases 166 Deposit in Registry of certificate for specified registrations 167 Certificates of title containing unofficial entries to be cancelled 168 Ower to issue new certificate where certificate lost and to dispense with certificate of charge 169 Record to be kept of outstanding certificates 170 Note of issue of certificate to be made in register 171 Authorised statements on certificates 172 The Registry map The Registry map 173 Contents of Registry map 174 Revision of descriptions in register on revision of Registry map 175 Subject Matter Rule Infants Persons who may represent infant 176 Appointment of person to represent infant 177 Persons of unsound mind Persons who may represent person of unsound mind 178 Appointment of person to represent person of unsound mind 179 Deeds and documents Lodgment of deeds subject to lien 180 Documents to be retained in Registry and that may be delivered 181 Delivery of documents relating to unregistered property 182 Endorsement of documents delivered 183 Delivery to solicitor for production in court or taxation purposes 184 Transmission of documents to court 185 Application for transmission of document to a local registrar 186 Local registrar custodian of document transmitted 187 Inspection of documents Inspection of filed documents and obtaining copies thereof 188 Inquiries prior to inspection 189 Searches in the registers and in the Registry map Official searches 190 Solicitor not liable for error in official search 191 Application by telegram or telephone for search 192 Replies to requisition for search by telegram or telephone 193 Searches by public 194 Proceedings in the Registry Proceedings not to abate 195 Evidence in proceedings 196 Affidavits in proceedings 197 Form of notices issued 198 Service of notices 199 Subject Matter Rule Service through the post 200 Procedure on return of notice sent by post 201 Personal service of notice, summons or order 202 How questions determined 203 Summons by Registrar 204 Powers of Registrar 205 Costs of proceedings before Registrar 206 Order for costs, how enforced 207 Decisions of Registrar, how recorded 208 Reference of questions to court 209 General powers of Registrar 210 Power to treat proceedings as abandoned 211 PART V COMPENSATION PAYABLE OUT OF THE CENTRAL FUND Compensation to be determined by Registrar 212 To whom application for compensation to be made 213 Contents of application for compensation 214 Service of application on parties interested 215 Notice to admit or dispute claim to be given by Minister for Finance 216 Where claim admitted, order allowing compensation to be made 217 Procedure on application for compensation if claim is disputed 218 Hearing and determination of claim by Registrar 219 PART VI STATUTORY MODIFICATIONS OF THE ACT Adaptation of the Act to registrations in the register of leaseholders Leaseholders 220 Adaptation of the Act to registrations in the subsidiary registers of rights Subsidiary registers in central office only 221 Incorporeal hereditaments of freehold tenure 222 Rights not being incorporeal hereditaments of freehold tenure 223 Subject Matter Rule Adaptation of the Act pursuant to section 58 of the Land Act, 1923 Possessory and qualified titles 224 Adaptation of the Act pursuant to section 57

(1)of the Land Act, 1923, and regulations on the exchange of holdings under section46 of that Act How exchange under section 46 of Land Act, 1923 , effected 225 Effect of registration on exchange 226 The notice of equities to be entered 227 Notices to be given 228 PART VII SOLICITORS' COSTS Definitions in Part VII 229 Orders of 1884 and 1920 as varied to apply 230 Sales, purchases and mortgages 231 Leases and fee-farm grants 232 Other business 233 Rescission of rule 11 to Part I of Schedule I to the Order of 1884 234 Meaning of " value " in Third Schedule to these Rules 235 Taxation 236 FIRST SCHEDULE Form Application for first registration of freehold property 1 Application for first registration of leaseholds 2 Application by a Department of State or local authority for first registration where the purchase money of or compensation for the property does not exceed £300 3 Application by Land Commission or Commissioners of Public Works for first registration with possessory title of a holding purchased under the Purchase of Land (Ireland) Acts 4 Memorial for Registry of Deeds of the registration of property in the Land Registry 5 Caution against first registration 6 Subject Matter Form Caution against registration of dealings in favour of Agricultural Credit Corporation on first registration or thereafter 7 Affidavit of interest in support of caution against first registration to be endorsed on caution 8 Notice to cautioner of application for first registration 9 Application for cancellation of a notice of equities in the register of land registered over 12 years where the applicant claims under a transfer for valuable consideration registered not less than 12 years prior to the application 10 Application for cancellation of a notice of equities in the register where the title to the tenancy existing prior to first registration has not been investigated by counsel 11 Application for cancellation of a notice of equities in the register where the title to the tenancy existing prior to first registration has been investigated by counsel on a sale, mortgage or other disposition for value 12 Application by a Department of State or local authority for the cancellation of a notice of equities on a certificate of its solicitor where the compensation or purchase money does not exceed £300 13 Affidavit of discovery 14 Application by solicitor for registration of ownership, burdens, or other entries, under documents presented by him 15 Summons to attend before Registrar 16 Transfer of freehold land by a registered full owner 17 Affidavit of attesting witness 17A Transfer of freehold land by a registered full owner where the registered owner of a charge joins to release the charge 18 Transfer of part of freehold land by a registered full owner 19 Voluntary transfer of freehold land by a registered full owner with a power of revocation 20 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 21 Transfer of freehold land by a registered owner of a charge in exercise of his power of sale 22 Transfer of freehold land by a registered full owner to two persons as joint tenants 23 Transfer of freehold land to two persons who are trustees for sale 24 Transfer of freehold land to two persons as tenants in common 25 Transfer of freehold land by a registered owner creating rights in favour of himself and others 26 Settlement of freehold land by a registered full owner on the marriage of his child 27 Subject Matter Form Transfer by a registered full owner of a leasehold estate in the register of leaseholders 28 Transfer by a registered full owner of a rentcharge in a subsidiary register 29 Application by Land Commission to be registered as full owner of land vested in it under section 65

(1)of the Land Act, 1923 30 Application by a local authority to be registered as owner of property vested in it under section 5 of the Small Dwellings Acquisition Act, 1899, or under section 24 of the Labourers Act, 1936 31 Assent by personal representative to a devise to another entitled 32 Application by a devisee beneficially entitled for registration as full owner of property on the assent of the personal representative 33 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 34 Application by trustee devisees for registration as full owners of property on the assent of the personal representative 35 Application by a person entitled as sole devisee for registration as owner of property that is vested in him as sole personal representative 36 Application by one or more personal representatives to whom property is devised upon trust for sale or other trusts requiring his/their registration 37 Transfer of property of a testate full owner by his personal representative to a devisee absolutely entitled 38 Transfer of property of a testate full owner by his personal representative, at the direction of trustee devisees, to a beneficiary absolutely entitled under the trusts of the will 39 Affidavit by personal representative

(1)of a testate full owner relative to the burdens or other rights created by the will of the testator or

(2)in the case of property subject to Part IV of the 1891 Act only in respect of which the registered owner has died intestate, relative to the persons by law beneficially entitled to the property on the intestacy 40 Assent by personal representative of an intestate full owner of property subject to Part IV of the 1891 Act 41 Subject Matter Form Application for registration by a person beneficially entitled to the property of an intestate full owner where such property is subject to Part IV of the 1891 Act 42 Transfer of property (subject to Part IV of the 1891 Act) of an intestate full owner by his personal representative to the person by law entitled under the intestacy 43 Application for registration by a person who is personal representative and who claims to be beneficially entitled to property subject to Part IV of the 1891 Act of an intestate owner 44 Assent by personal representative of an intestate full owner of property not subject to Part IV of the 1891 Act 45 Application for registration by the heir, widow, or tenant by the curtesy of an intestate full owner of property not subject to Part IV of the 1891 Act on the assent of the personal representative 46 Affidavit of personal representative of an intestate full owner of property not subject to Part IV of the 1891 Act 47 Transfer of property not subject to Part IV of the 1891 Act of an intestate full owner by his personal representative to the person by law entitled under the intestacy 48 Application for registration by a person who claims to be beneficially entitled to property not subject to Part IV of the 1891 Act and vested in him as personal representative 49 Application for registration as owner by a person entitled under a settlement, on the cesser of the estate of the registered limited owner 50 Notice to a registered owner of property or to an applicant for registration as owner of registered property of application to register a burden 51 Assent to the registration of a burden 52 Charge for a principal sum 53 Charge for future advances 54 Charge by personal representative for moneys that he is liable to pay as personal representative 55 Transfer of charge 56 Requisition for discharge of a charge by its registered owner 57 Charge by way of annuity 58 Grant of perpetual rentcharge out of freehold property 59 Entry to be made in register on deposit in the Registry of an affidavit of judgment as a judgment mortgage 60 Notice of the deposit in the Registry of an affidavit of judgment as a judgment mortgage 61 Subject Matter Form 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 62 Requisition for registration of a lis pendensas a burden 63 Entry of lis pendensin the register 64 Entry of recognisance in the register 65 Grant of a right of way by registered full owner of freehold land for the benefit of other registered land 66 Requisition for caution against dealings by a registered owner 67 Affidavit in support of caution 68 Notice to owner of entry of caution 69 Warning notice to cautioner of dealing lodged 70 Warning notice to cautioner of an application by the registered owner to discharge caution 71 Application by cautioner for withdrawal of caution 72 Application to the Registrar for the entry of an inhibition in a register 73 Forms of inhibition 74 Notice of an application for the entry of an inhibition 75 Application to the Registrar for the discharge or modification of an inhibition on consent 76 Application to the Registrar for the discharge or modification of an inhibition where parties do not consent 77 Notice to the Registrar of presentation of a petition of bankruptcy or of a petition under section 343 of the Irish Bankrupt and Insolvent Act, 1857 78 Notice of the annulling of an adjudication of bankruptcy made on a petition of which notice has been entered in the register 79 Land certificate 80 Certificate of charge 81 Application for order for production of land certificate or other certificate of title 82 Notice to accompany a certificate of title deposited in the Registry for the purpose of a specified registration 83 Official receipt for a certificate of title deposited in the Registry for a specified registration 84 Notice of lodgment of deeds in the Registry subject to a lien thereon 85 Application for the transmission of a filed instrument to a local registrar for production in court 86 Requisition for official search in names index 87 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 register of leaseholders or in the subsidiary registers 88 Subject Matter Form Certificate of result of official search in names index 89 Certificate of result of search for the registration of the ownership of specified property 90 Requisition to close a register pursuant to section 20 of the 1889, Act 91 Memorial for the Registry of Deeds of the closing of the register in respect of property 92 Application for compensation out of the Central Fund under section 22 of the Registration of Title Act, 1942 93 Notice of hearing of a claim for compensation under section 22 of the Registration of Title Act, 1942 94 SECOND SCHEDULE THIRD SCHEDULE PRELIMINARY 1 Date of Rules. 1.

(1)These Rules shall come into operation on the 1st day of June, 1959, and may be cited as the Land Registration Rules, 1959.

(2)The Land Registration Rules, 1937 to 1956, are hereby rescinded, but rules 95 and 96 (and Forms 44, 45 and 46 referred to therein) of the Land Registration Rules, 1937, shall continue to apply in relation to the estate of any person dying before the 1st day of June, 1959. 2 Interpretation 2.

(1)In these Rules " The Act " means the Registration of Title Act, 1891, as amended by any subsequent enactment; " the Registry " means the Land Registry ; " the Registrar " means the Registrar of Titles ; " local registrar " means the Local Registering Authority ; " form " or " forms " means a form or the forms in the First Schedule hereto ; " Property " includes land, and any leasehold estate, incorporeal hereditament, or other right, in or to land, the ownership of which is or may 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 Commissioners 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, 1937 , 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. a)a description of the property the ownership of which is registered, with a reference to the plan on the Registry Map of the land affected ; (
2. b)such notes as are authorised by the Act or these Rules relative to— (
3. i)easements and rights for the benefit of the property, (
4. ii)the inclusion of mines and minerals in, or their exclusion from the property, (iii) the boundaries of the property, (
5. iv)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. a)the name and description of the owner and his address in the State for service of notices ; (
2. b)such notes as have to be entered relative to— (
3. i)the extent of the ownership as prescribed by section 28 of the Act, (
4. ii)the devolution of the ownership, (iii) the matters prescribed by sections 64, 71, 74, 76 and 78 of the Act ; (
5. c)cautions and inhibitions restricting the registration of dispositions of the property, (
6. d)a note of the death of the registered owner under rule 95 of these Rules.

(4)There shall be entered in the third part of a folio— (

1. a)the burdens the registration of which is authorised by section 45 of the Act, (
2. b)the ownership of a registered charge, where it is not registered in a subsidiary register, and, where the Registrar permits, subcharges on a registered charge and their ownership, (
3. c)notices of the existence of burdens that are or are deemed to be burdens that affect registered property without registration, (
4. d)cautions and inhibitions against registration of dealings with a registered burden the ownership of which 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 clarity. 5 Authentication, contents, and cancellation 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 rearrangement conducive to clarity, 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)of the Act 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. 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. Where 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 the 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 names kept in a local office shall not include the names of the registered owners of rights in the subsidiary registers ; and the index of lands shall not be kept in a local office. 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 from the register to have any interest in the property.

(2)The requisition shall be in Form 91.

(3)The memorial of the closing of the register shall be in Form 92. 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 the State.

(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 Local offices 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 Department of State or local authority under rule 20, 21, 22, or 24 shall be by written application in 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 does not apply shall, unless the Registrar otherwise directs, be accompanied by— (

1. a)a concise statement of the title giving in chronological order a summary of the documents and the eventsand facts on which the applicant's claim to the property is based, (
2. b)all original deeds and all documents in the 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, (
3. c)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, (
4. d)a schedule in duplicate of all documents lodged with the application.

(2)Where the applicant, as 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 registers of leaseholders and of subsidiary interests. 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 application rule 20, 21, or 22 does not apply shall, unless the Registrar otherwise directs, be accompanied by the following documents— (

1. a)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. b)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. Where the market value of the property the subject of the application is shown to the satisfaction of the Registrar not to exceed £900, 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)Where the title of an applicant has been examined for a period not less than that prescribed by the foregoing rule— (

1. a)by the conveyancing counsel of a court on a sale or purchase of the property under an order of the court, or (
2. b)by a practising barrister of not less than 6 years' standing on a sale or 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.

(2)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. On the examination he may accept a title that is in his opinion a good holding title, subject to the payment of such additional fee (if any) as he may fix, or he 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 where value of property does not exceed £300. 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 £300, 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 local authority and shall be accompanied by a plan of the property drawn on a revised ordnance sheet. 21 Application by Land Commission or Commissioners of Public 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 for the applicant 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. 22 Applications by local authority under statutory powers for first registration of a purchaser. 22. 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. 23 Notice by Land Commission under section 23

(1)(a) of the Act. 23. The 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. The notice shall require the owner to apply for registration within 30 days from the date thereof. 24 Notice by Land Commission under section 23

(1)(b) of the Act. 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. a)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. b)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 ; (
3. c)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 à prendre as part ofdescription of property registered. 27. An easement or profit à 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 the Purchase of Land (Ireland) Acts 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)Where, 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)Where, 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 5 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 Registry 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 6, except a caution. under section 43 of the Agricultural Credit Act, 1947 .

(2)A caution under section 43 of the Agricultural Credit Act, 1947 , requiring notice of an application for first registration shall be in Form 7.

(3)The affidavit of interest in support of the caution shall be in Form 8 and shall be made by the cautioner or his solicitor.

(4)A cautioner may at any time by writing signed by himself, of his solicitor, withdraw his caution or consent to a registration. 33 Form of notice on cautioner.

1. 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
2. Applications for cancellation of a notice of equities or of possessory or qualified title entered in a register 34 Application where ownership registered 12 years under transfer for value.
3. Where 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 in Form 10 (with such modifications therein as the case may require). 35 Application where land acquired by State or local authority and purchase money does not exceed £
4. 35.

(1)Where registered land subject to a notice of equities has been acquired by a Department of State or local authority and the purchase money or compensation paid on the acquisition does not exceed £300, the Registrar may cancel the notice of equities in the register of the land so acquired on an application by the solicitor for the Department or authority 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 in Form 13 (with such modifications therein as the case may require). 36 Other applications for cancellation of a notice of equities. 36.

(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 Land Purchase Acts.

(2)Where the tenancy was created more than 20 years prior to the first registration of ownership and evidence of this fact is shown to the satisfaction of the Registrar the title thereto may commence with a disposition thereof made not less than 20 years prior to the date of the application. Where 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 in Form 11 or 12 (with such modifications therein as the case may require) according as the applicant does or does not rely on opinion of counsel. 37 Examination of title to interests protected by a notice of equities. 37.

(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 where 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. 38 Modification of examination of title in certain cases. 38.

(1)Where, on an application for the cancellation of a notice of equities, it appears that the market value, as hereinafter defined, of the property, the subject of the application, does not exceed £2,000, the Registrar, having regard to the length of time (analogous to the provisions of the Statute of Limitations) during which the title has been registered, may, in his discretion, and in such manner as he may think fit, dispense with or modify the official examination of the title to the property.

(2)The market value of the property for the purpose of this rule shall be fifty times the rateable valuation of the property. 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. a)shall give notice of the application to the registered owner, if he is not the applicant or a consenting party to the application, (
2. b)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, (
3. c)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 a possessory or qualified title, consequential on an examination of title under these rules— (
4. a)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 : (
5. b)where 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. Where 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 Issue of land certificate in substitution for deed deposited as a lien. 44. Where, 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 examinations of title outside register. 45. An application to examine the title of— (
6. a)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, (
7. b)the grantor of a fee-farm grant or grant in perpetuity made under the provisions of any enactment 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, (
8. c)any person to a mortgage registered as a burden the ownership of which is not registered for the purpose of having it withdrawn from the register, or of having its owner registered, shall be in 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 in Form 14. Unless the Registrar permits otherwise, the affidavit shall be made by the applicant. Where 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. Where it appears from an examination of title that the applicant for registration as owner, or the registered owner, as the case may be, is a trustee, there shall be entered in the register 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 Notice 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 wherever the Registrar so requires. 53 Evidence of execution of instruments by attorney. 53.

(1)Where 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 and referred to in the instrument 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 may be identified thereon from the description in the instrument. 55 Application by solicitor for registration of dealing. 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 setting out— (

1. a)the names of all the parties to the transaction for whom he acts as solicitor, (
2. b)the documents sent, (
3. c)the ownership or other entries for the registration of which he applies, (
4. d)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 and the name of his solicitor, if it is to be re-issued to his solicitor.

(2)The statement may be in Form 15. 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 situate. 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, 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 purpose of a registration the instrument or application shall not be received unless the certificate is or has been produced for the purpose of the registration sought or an application under rule 163 is lodged therewith for an order for the production of the certificate. Where the application for an order for the production of the certificate is refused, the receipt of the instrument or application for registration shall be cancelled and the proceedings thereunder treated as abandoned. 57 Dealing to be accompanied by registration fee. 57. Every application or instrument sent to or lodged in the Registry shall be accompanied by the prescribed registration fee. 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 rules 50 and 63

(3)otherwise provided, registration shall be completed as of the day on which the instrument or application is received for registration, or re-delivered as the case may be. 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, 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 in regard to the registration applied for, he may refuse to make any registration thereunder either absolutely or except with such modifications as he shall approve. Where he is of opinion that the registration may 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)Where 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)Where 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 re-delivery at the Registry, the instrument shall be entered for the purposes of the registration applied for as of the date and priority of the re-delivery. 64 Adjudication of sufficiency of stamp on instrument. 64.

(1)Where 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)Where 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 37

(2)or 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 registration 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, where 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 a 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. Transfers 68 Forms of transfer. 68. A transfer may be made by an instrument in one of the forms of transfer in the First Schedule. 69 Transfer of part ofholding subject to restrictions Under Land Purchase Acts. 69. A transfer of part of a holding subject to a statutory restriction against sub-division in a Purchase of Land (Ireland) Act shall, when presented for registration, be accompanied by— (

1. a)the consent of the Land Commission to the sub-division created by the transfer, (
2. b)where the consent of the Land Commission to the sub-division is conditional, evidence that the conditions in such consent have been complied with including— (
3. i)a certificate of the Land Commission of compliance with the conditions in the consent as to payment or payment and redemption, as the case may be, of the land purchase annuity, insurance of buildings (if required), and with any other condition in the consent of the compliance with which the Land Commission must be satisfied, (
4. ii)the consent of the transferor to the consolidation of the part of the holding retained with any other lands of which he is registered owner, if such consolidation is required by the Land Commission, (
5. c)the map (if any) referred to in such consent. 70 Duty of transferee who is a trustee. 70. Where a transfer is made to a transferee who is a 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— (

1. a)an office copy of the order of the court directing the sale of the property of such registered owner, (
2. b)a certificate of the Examiner of the High Court, or (if the sale has been directed by the Circuit Court) a certificate of the County Registrar, certifying the result of his enquiries as to the incumbrances on such property ; (
3. c)where such sale is in pursuance of an order of the Circuit Court, a further certificate of the County Registrar specifying the parties to the proceedings for sale, and the persons served with notice of, and bound by, such proceedings.

(2)On production in the Registry of the documents mentioned in paragraph

(1)of this rule, and, in the case of a sale made in execution of a decree of the Circuit Court, if the certificate of the County Registrar shows that the owners of all charges, judgment mortgages and burdens appearing in the register as affecting the property comprised in the transfer are parties to the proceedings or have been served with notice of such decree, the Registrar may cancel such charges, judgment mortgages, and burdens in the register of the property comprised in the transfer.

(3)In default of production in the Registry of the documents mentioned in paragraph

(1)of this rule, 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 an application for registration of a purchaser as owner under a transfer on sale from the personal representative of a full owner of property the purchaser may apply that every entry of notice of a deposit of an affidavit of judgment as a 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 intended cancellation shall be sent to the person appearing from the register to be entitled to the judgment debt.

(3)The provisions of rule 118 shall apply, mutatis mutandis, to such application and notice. 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 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 the State under the Companies Acts, 1908 to 1959, that applies for registration under a transfer shall produce a certificate by the registrar of companies of its incorporation.

(2)A company incorporated outside the State that applies for registration shall produce evidence of its incorporation.

(3)On a transfer by a company 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 over-reaching 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. a)where the disposition is made by a person in the exercise of a statutory power, or a power registered as a burden, the appointment, deed, poll or other instrument by which the power is exercised, and, 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. b)where 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 ; (
3. c)where 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 over-reaching estate of registered 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 where his estate is over-reached by statute, a Land Judge's conveyance, a vesting order of a court, or of the Land Commission, a transfer by the Land Commission in exercise of its statutory powers, 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 personal representative of a deceased full owner, or in the case of a charge or burden, of a deceased owner, to an application for registration under the said section 39, in cases other than those specified in paragraph

(1)of this rule, notice of the application shall be given— (

1. a)to his personal representative, (
2. b)where there are no personal representatives in existence, to the person claiming to be entitled as his heir, widow, or next-of-kin, 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 the said section 39 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 paragraph

(1)of this rule— (

1. a)to the limited owner, if living, and (
2. b)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 over-reaching the estate of registered 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. a)where the transfer is made by statute, or in 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 the property was unregistered ; (
2. b)where the transfer is made in exercise of a power registered as a burden, the burdens and notices that rank in priority after the power ; (
3. c)where 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 of cancellation of burdens on transfer over-reaching the estate of registered owner. 81. On the cancellation of a burden under rule 80

(1)(a) or (b), the Registrar shall give notice of its discharge to its registered owner (if any). 82 Registration of assignees of bankrupt or insolvent owner and re-registration 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, apply may be registered as owners in his place, or, where 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, where 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, where he is a registered limited owner, as assignees of his estate, on production in the Registry of an office copy of the said resolution or agreement as approved or confirmed by the court 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 in Bankruptcy on production of the notification of his appointment in 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 re-registered 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 re-registered 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, certificate, or office copy resolution or agreement produced for the purposes of a registration referred to in this rule shall have endorsed thereon a certificate by the Official Assignee in Bankruptcy 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 re-registration of the person who was the bankrupt or arranging debtor, the consent of the Official Assignee in Bankruptcy or the trustee, or in the case of an arranging debtor, of his assignees, to the re-registration.

(8)Every office copy of an order annulling an adjudication in bankruptcy produced for the re-registration of a bankrupt shall be impressed with the Revenue stamp for the duty payable on a transfer by a trustee. 83 Registration of 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 Land Purchase 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 local authority under s. 6 of the Small Dwellings Acquisition Act,
4. 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 Acquisitions Act, 1899 or s. 24 of the Labourers Act, 1936 .
5. Registration of a local authority as owner of property that has vested in it under section 5 of the Small Dwellings Acquisition Act, 1899, or under section 24 of the Labourers Act, 1936 , in defeasance of the estate of its registered owner, shall be made on an application by the solicitor to the local authority in Form
6. 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) to 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) to 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. 88 Registration of new trustee of friendly society. 88.

(1)The name of a new trustee of a friendly society or of a branch thereof, appointed pursuant to Section 25

(2)of the Friendly Societies Act, 1896, shall be entered in the register on production at the Registry of a copy of the resolution passed pursuant to the said section, signed by the trustee so appointed and by the secretary of such society or branch.

(2)The copy of the Resolution appointing such new trustee shall be filed in the Registry for reference. Transmission on death of an owner of property 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 shall be in Form 32 except where 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 Form 33, 34 or 35.

(3)An application by a sole devisee for registration as owner of property that is vested in him as the sole personal representative of the testator or by one or more devisees who are his personal representatives shall be in Form 36 or 37.

(4)The application shall be accompanied by the probate or letters of administration with will annexed or an office copy thereof. 90 Transfer by personal representative to devisee or successor. 90.

(1)A transfer of property to a devisee or his successor in title by the personal representative in whom it is vested may be in Form 38 or 39.

(2)There shall be lodged an affidavit by the personal representative in Form 40 relative to the burdens and other rights created by the will of the testator, together with the probate or letters of administration with the will annexed or an office copy thereof. 91 Application for registration by a person other than the personal representative beneficially entitled on intestacy. 91. An application for registration as owner by a person by law beneficially entitled to property of an intestate full owner or by a successor in title of such person shall, where he is not the sole personal representative, be made— (

1. a)by presenting an application in Form 42 or 46 accompanied by an assent of the personal representative of such owner in Form 41 or 45, or (
2. b)by presenting a transfer of the property to him from the personal representative. The transfer may be in Forms 43 or 48. There shall be lodged with the transfer an affidavit by the personal representative in Form 40 or 47 as the case may be relative to the persons who became by law beneficially entitled to the property of the intestate, together with the letters of administration or an office copy thereof. 92 Application for registration by personal representative beneficially entitled to on intestacy. 92. An application by a person who claims to be by law benefically entitled to property of an intestate full owner that is vested in him as the personal representative of such owner for registration as owner shall be in Form 44 or 49. 93 Power 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 is not registered and on an application for registration of a burden created by a personal representative, the Registrar— (
3. a)shall be entitled to assume that the personal representative acted correctly and within his powers in makingthe 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 ; (
4. b)may give notice of the application to any person appearing to have a burden 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 a notice for a stay of the registration, he shall have all the powers conferred by rule 131

(3)and

(4)of these Rules and may either stay registration or register with such inhibition as he may direct ; (c) may, if he thinks fit, enter in the Register such inhibition as he may deem appropriate for the protection of any right in, to or over the property for the protection of which the appilcant has not applied for the entry of an inhibition. 94 Application for registration on death of registered owner of a charge or other burden.

1. On the death of the registered owner of a charge or other burden, an application for registration as owner by a person claiming under his will or as by law beneficially entitled on his intestacy, shall be made on the evidence prescribed by these Rules on a like application for registration as owner of land, and the procedure and forms shall be followed and used with such modifications (if any) as the nature of the charge or other burden or the circumstances of the case may require. 95 Note of death of registered owner.
2. On the death testate or intestate of a registered owner of property who is not registered as a limited owner or as a joint tenant, his personal representatives may, on lodgment in the Registry of the original or office copy probate or letters of administration, as the case may be, together with a certificate of the solicitor acting in the matter or, if the Registrar so requires, an affidavit identifying the deceased named in the probate or letters of administration with the registered owner of the property, have a note entered on the Register setting out the fact of such death and the names of such personal representatives. Other transmissions 96 Application for registration by successor of limited owner. 96.

(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 50.

(2)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 Lands Acts or not), or after notice to them. 97 Application for registration by survivors or survivor of joint tenants. 97.

(1)Where 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 the production of probate or letters of administration or a certificate of death, with evidence of the identity of the deceased named therein with the owner stated to be dead, or such other proof as the Registrar may deem sufficient. Court orders 98 Registration pursuant to court order.

1. An application for registration pursuant to an order of the Court shall be made by lodging in the Registry an office copy of said Order. Burdens generally 99 Additional burdens that may be registered.
2. Pursuant to section 45

(1)(

1. m)of the Act it is hereby prescribed that the following matters may be registered as burdens on registered property— (
2. a)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, (
3. b)a power of distress or entry, (
4. c)a right in the nature of a lien for money's 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, (
5. d)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 then the owner. 100.

(1)Pursuant to section 45

(2)of the Act it is hereby prescribed that the concurrence as follows shall be substituted for the concurrence of the registered owner in the following cases— (

1. a)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. b)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 registrationas 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; (
3. c)Concurrence in the registration of a charge by the personal representative of an owner of land 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 ; (
4. d)Concurrence in the registration of the following burdens shall be given by the Registrar— (
5. i)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, (
6. ii)a burden created by trustees in exercise of a power under a settlement under which a limited owner is registered, (iii) any burden specified in paragraph (
7. h)or (
8. i)of section 45

(1)of the Act, (iv) any right or charge capable of being registered as a burden created by a registered owner of property, or his personal representative, or an applicant for registration as owner of registered property, or a predecessor in title of such applicant, to the registration of which as a burden such registered owner, personal representative or applicant omits or refuses to assent, if, after service of notice on him in Form 51, no objection be received within the time limited by the notice.

(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.

(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 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. Where given subsequently, it shall be in Form 52.

(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 the register may be made by reference to the instrument creating the burden where 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 where 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 a 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 Instrument creating two or more burdens to show priority thereof.

1. Where an instrument lodged for registration creates two or more burdens on the property registered, the priority in which such burdens are to be entered in the register shall be shown in the instrument : otherwise, they shall be deemed to be in equal priority and entered in the register accordingly. 106 Note in register on registration of charge actually raised under a settlement.
2. On the registration of a charge actually raised within the meaning of section 20

(2)(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, the charge ranks in the priority it has under the settlement. 107 Note in register on registration of voluntary burden where a certificate of title has been issued. 107.

(1)On the registration of a burden created by a voluntary disposition by a registered owner, or of any burden specified in paragraph (h) or (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, unless it is shown to the satisfaction of the Registrar that no such lien exists.

(2)Where the Registrar entertains a doubt as to whether, from the terms of the instrument creating a burden, the disposition is voluntary or for valuable consideration, he may send notice to the person having custody of the certificate of title, requiring him tostate whether he claims that such lien ranks in priority to the burden created by such instrument, and the grounds of such claim.

(3)Where the person having custody of the certificate of title claims that such lien ranks in priority to the burden, the Registrar shall send notice of such claim to the person entitled to the burden.

(4)In default of a claim by the person having custody of the certificate of title that such lien ranks in priority to the burden, or of an admission of the priority of such lien by the person entitled to the burden, as the case may be, the Registrar may refuse to register the burden except in pursuance of a court order. 108 Evidence on which a burden may be cancelled or modified. 108. 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. a)where the ownership of the burden is registered, with the concurrence of its registered owner or his personal representative ; 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. b)where the ownership of the burden is not registered, or, where 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. 109 Where burden may be cancelled as extinguished. 109. 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, where, after giving notice to the registered owner of his intention to do so, no objection to the proposed cancellation is made. Charges 110 Forms of charge. 110.

(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 First Schedule to these Rules.

(2)A charge by way of annuity may be made by instrument in Form

1. 111 Registration of charge created by a company.
2. On the registration of a charge created by a company registered under the Companies Acts, 1908 to 1959, an entry shall be made in the register to the effect that the charge is subject to the provisions of section 93 of the Companies (Consolidation) Act, 1908, unless a certificate is produced that it has been duly registered under that section. 112 Sub-charges. 112.

(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, where he deems it expedient or conducive to clarity, 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. 113 Meaning of " future advances in register and the registration of a charge for same. 113.

(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 has in section 77 of the Act.

(2)Where 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. 114 Dealing with mortgage created prior to first registration, where registered. 114.

(1)Where a mortgage created prior to the first registration of property is entered in the 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 the ownership of which is registered. Judgment mortgages 115 Registration of affidavit of judgment as judgment mortgage. 115.

(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 theJudgment Mortgage (Ireland) 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 60 with such variation as the Registrar may, in special circumstances, direct. 116 Evidence on entry of notice of deposit of affidavit of judgment. 116.

(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 the 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. a)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 the Judgment Mortgage (Ireland) Act, 1858, (
2. b)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. 117 Notice of deposit of affidavit 117.

(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 the State for service of notices is disclosed in the register or the affidavit.

(2)The notice shall be in Form 61. 118 Application to cancel notice of deposit of affidavit on grounds of invalidity of judgment mortgage. 118.

(1)Where 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 (Ireland) Acts, 1850 and 1858, 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)Where 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)Where, 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 decision.

(6)The costs of proceedings in the Registry under this rule shall be those prescribed in Part III of the Third Schedule to these Rules. Where the entry is cancelled, the prescribed costs of the applicant for its cancellation shall be paid by the judgment creditor. Where 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. 119 Cancellation of notice of deposit of affidavit of judgment validly registered. 119. Subject to an 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 62, for its discharge. Other burdens 120 Lease. 120.

(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. 121 Rentcharge. 121.

(1)A rentcharge may be created by an instrument in Form 59.

(2)An application for registration of a rentcharge as a burden shall be made by lodging in the Registry the grant or the 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 rentcharge as a burden on the property in the folio of the register specified and shall be re-delivered to the person who lodged it. 122 Power to charge and trust to raise money. 122.

(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. 123 Lien for unpaid purchase money. 123.

(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 the State 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 the register on the consent of the vendor or his personal representative or the solicitor for either of them. 124 Order or other process of court. 124. 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. 125 Lis pendens. 125.

(1)An application for the registration of a lis pendens as a burden shall be made in Form 63. 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 64 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 pursuant to order of the court, or by lodging an order of the court directing its cancellation on the register 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. 126 Recognisances, bonds and judgments. 126.

(1)An application for registration of a recognisance 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 the Judgments (Ireland) Act, 1844, 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, with the 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 recognisance or other matter by the proper officer of the Court in which it was obtained.

(2)The entry in the register of a recognisance shall be in Form 65. The entry in the register of the other matters referred to in the said section 46

(3)of the Act 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 recognisance or a bond referred to in the said section 46

(3)of the Act shall be made by lodging in the Registry a certificate of vacate.

(4)An application for the discharge of a judgment referred to in the said section 46

(3)of the Act shall be made by lodging in the Registry a certificate of the satisfaction of the judgment. 127 Easement or profit à prendre. 127.

(1)Every application for the registration of an easement or profit à prendre as a burden shall be accompanied by a plan showing the part of the land described in the register over which the right is to be exercised, unless it can be otherwise clearly identified on the Registry map from the description in the instrument creating the right.

(2)The application shall also be accompanied by a plan showing the land to which the right granted (except it is a profit à prendre in gross) is appurtenant, unless it can be identified on the Registry map by reference to the Folio of the register in which its ownership is registered.

(3)The plans, if not endorsed on and referred to in the instrument creating the right, shall be signed by the registered owner of the land on which the right is to be registered as a burden, and by the grantee of the right or his solicitor. Cautions and inhibitions against registration of dispositions 128 Form of caution and of affidavit in support. 128.

(1)A caution against dealings by a registered owner shall be in Form 67. The caution shall be signed by the cautioner or his solicitor, and shall contain an addre