S.I. No. 230/1972 - Land Registration Rules, 1972.

S.I. No. 230/1972 - Land Registration Rules, 1972. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1972 S.I. No. 230/1972 - Land Registration Rules, 1972. S.I. No. 230/1972 - Land Registration Rules, 1972. AmendmentsLeasuithe S.I. No. 230 of 1972. LAND REGISTRATION RULES, 1972. WE, the Registration of Title Rules Committee, constituted pursuant to the provisions of section 73 of the Courts of Justice Act, 1936 , by virtue of the powers conferred upon us by section 126 of the Registration of Title Act, 1964 , with the concurrence of the Minister for Justice, do hereby make the following Rules. Dated this 31st day of August, 1972. MAURICE J. L. MacGOWAN FRANCIS J. LANIGAN DESMOND L. McALLISTER I concur in the making of these Rules. Dated this 19th day of September, 1972. DESMOND O'MALLEY, Minister for Justice. CONTENTS Subject Matter Rule PRELIMINARY Commencement .. .. .. .. .. .. .. 1 Interpretation .. .. .. .. .. .. .. 2 PART I THE REGISTERS AND THE REGISTRY OFFICES Form and contents of registers .. .. .. .. .. 3 Authentication, contents and cancellation of entries .. .. 4 Adjoining properties of an owner in two or more counties 5 Revision of folios of registers .. .. .. .. .. 6 Formal alterations of register and cancellation of determined entries .. .. .. .. .. .. 7 Correction of clerical and other errors .. .. .. .. 8 Revision of descriptions of property .. .. .. .. 9 Indexes .. .. .. .. .. .. .. .. 10 Closing of register in respect of charge .. .. .. .. 11 Duplicates of registers to be kept in local offices .. .. 12 Functions of local offices .. .. .. .. .. .. 13 PART II FIRST REGISTRATION, CONVERSION OF POSSESSORY AND QUALIFIED TITLES, AND OTHER REGISTRATIONS INVOLVING EXAMINATIONS OF THE TITLE OF PERSONS TO UNREGISTERED INTERESTS IN REGISTERED PROPERTY Application for first registration Application for first registration .. .. .. .. .. 14 Documents to accompany application for registration of ownership of freehold property .. .. .. .. 15 Documents to accompany application for registration of ownership of leasehold interests and of rights (other than incorporeal hereditaments held in gross) .. .. 16 Application for first registration based on possession .. 17 Examination of title .. .. .. .. .. .. .. 18 Modification of examination of title .. .. .. .. 19 Application by Land Commission for registration with possessory title .. .. .. .. .. .. 20 Application by local authority under statutory powers for first registration of a purchaser .. .. .. .. 21 Documents to be lodged on registration procured by Land Commission .. .. .. .. .. .. .. 22 Transfers to registers of recorded property .. .. .. 23 Registration of recorded property .. .. .. .. 24 Entry of easement or profit á prendre as part of description of property registered .. .. .. .. .. .. 25 Property acquired under the Land Purchase Acts and on exchange .. .. .. .. .. .. .. 26 Notice of statutory restrictions .. .. .. .. .. 27 Entries relative to mines and minerals .. .. .. .. 28 Memorial for Registry of Deeds .. .. .. .. 29 Flat, floor, cellar, tunnel, mines and minerals; or foreshore .. 30 Cautions against first registration Form of caution and affidavit in support of it .. .. .. 31 Time for objection and form of notice on cautioner .. .. 32 Conversion of possessory title into absolute title where the property has been purchased under the Land Purchase Acts Application where ownership registered 30 years .. .. 33 Application where ownership registered 12 years under transfer for value .. .. .. .. .. .. .. 34 Application where property acquired by a statutory authority and purchase money does not exceed £8,000 .. .. 35 Other applications for conversion of possessory title .. .. 36 Examination of title to interests protected by registration with a possessory title .. .. .. .. .. .. 37 Conversion of possessory title into absolute title or good leasehold title where the property has not been purchased under the Land Purchase Acts Conversion of registered title in cases under subsection

(1)or

(2)of section 50 of the Act .. .. .. .. 38 Notice, advertisement and enquiries before such conversions .. 39 Conversion of qualified title into absolute or good leasehold title Application for conversion of qualified title .. .. .. 40 General provisions as to the conversion of possessory or qualified titles Notice of intended conversion to be given .. .. .. 41 How burdens ascertained entered on conversion .. .. 42 How register made conformable with titles ascertained .. 43 Issue of land certificate in substitution for deeds deposited as a lien .. .. .. .. .. .. 44 Other examinations of title Other examinations of title outside register .. .. .. 45 Title acquired by possession to registered property Title to registered property acquired by possession .. .. 46 General provisions relative to first registration and applications requiring an examination of title of unregistered interests Form of affidavit of discovery .. .. .. .. .. 47 Registration of tenants in common .. .. .. .. 48 Registration of trustee owner .. .. .. .. .. 49 Notice to be given of proposed registration .. .. .. 50 Date of registration .. .. .. .. .. .. 51 PART III DEALINGS WITH REGISTERED PROPERTY General Form of instruments .. .. .. .. .. .. 52 Applications or instruments in improper form .. .. .. 53 Evidence of execution of instruments .. .. .. .. 54 Evidence of execution of instruments by attorney .. .. 55 Identification of part of registered property transferred .. 56 Application by solicitor for registration of dealing .. .. 57 Evidence of the sealing of deeds .. .. .. .. .. 58 Presentation of dealing for registration .. .. .. .. 59 Dealings to be accompanied by prescribed fee .. .. .. 60 Priority of dealings received for registration .. .. .. 61 Notice in register of pending registration .. .. .. 62 Date of registration .. .. .. .. .. .. 63 Registrar may refuse registration or may require amendment of instrument or application in certain cases .. .. .. 64 Amendment of instrument and priority of amended instrument 65 Adjudication of sufficiency of stamp on instrument .. .. 66 Registration of a tenant in common .. .. .. .. 67 Registration of trustee owner .. .. .. .. .. 68 Transfers Forms of transfer .. .. .. .. .. .. .. 69 Sub-division of property subject to restrictions .. .. .. 70 Registration of transferee who is a trustee .. .. .. 71 Registration under a transfer or vesting order on sale in execution of order of court .. .. .. .. .. .. 72 Effect of covenant to pay rent or indemnify may be noted in register .. .. .. .. .. .. .. .. 73 Registration of purchaser from personal representative of owner discharged from judgment mortgage on interest of beneficiary .. .. .. .. .. .. .. .. 74 Registration under a settlement .. .. .. .. .. 75 Registration under grant reserving rent .. .. .. .. 76 Registration of companies .. .. .. .. .. .. 77 Registration under transfer over-reaching estate or interest of registered owner .. .. .. .. .. .. 78 Notice of application for registration under transfer over reaching estate or interest of registered owner .. .. 79 Cancellation of burdens on transfer over-reaching the estate or interest of registered owner .. .. .. .. .. 80 Notice of cancellation of burdens on transfer over-reaching the estate or interest of registered owner .. .. .. 81 Registration of trustees or assignees of bankrupt owner; and re-registration of the owner .. .. .. .. .. 82 Registration of transferee of local authority under s. 6 of the Small Dwellings Acquisition Act, 1899, s. 11

(2)of the Housing (Loans and Grants) Act, 1962 , or s. 39

(5)or 107

(6)of the Housing Act, 1966 .. .. .. .. 83 Registration of local authority under s. 5 of the Small Dwellings Acquisition Act, 1899, s. 11

(4)of the Housing (Loans and Grants) Act, 1962 , s. 24 of the Labourers Act, 1936 , or s. 39

(5)or 107

(6)of the Housing Act, 1966 .. .. 84 Registration of dispositions of recorded property .. .. 85 Registration of new trustee of friendly society .. .. .. 86 Transmission on death before the 1st day of June, 1959, of a registered full owner of freehold property that did not vest in his personal representative Application for registration by a devisee of freeholds .. .. 87 Application for registration by heir, widow or husband of intestate freeholder . 88 Transmission on death occurring before the 1st day of June, 1959, of (

a)a registered full owner of property that vested in his personal representative under Part IV of the Registration of Title Act, 1891, and (
b)a registered full owner of a registered leasehold interest 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 entitled on intestacy .. .. .. .. 91 Application for registration by personal representative entitled on intestacy .. .. . 92 Power of Registrar on a registration on transmission on death 93 Transmission on death of a registered full owner of property where the death occurs on or after the 1st day of June, 1959, and application for registration is made on or after the 1st day of January, 1967 Assent by personal representative on death testate to registration of person entitled; application of person entitled for registration .. .. .. .. .. .. .. 94 Transfer by personal representative on death testate to person entitled .. .. .. .. 95 Application for registration by a person, other than the personal representative, entitled on intestacy .. .. .. .. 96 Application for registration by personal representative entitled on intestacy .. .. . 97 Transmission on death of owner of charge or other burden Application for registration on death of registered owner of charge or other burden .. .. .. .. .. 98 Note of death of registered owner Note of death of registered owner .. .. .. .. 99 Other transmissions Application for registration of successor of limited owner .. 100 Application for registration by survivors or survivor of joint tenants .. .. .. .. 101 Court orders Registration pursuant to court order .. .. .. .. 102 Burdens generally The assent to registration of burdens that is to be given by persons other than the owner .. .. .. .. 103 How assent to registration of burden is to be given .. .. 104 How burden may be entered .. .. .. .. .. 105 Owner of burden not entitled to custody of certificate of owner of the property 106 Note in register where statutory priority for burden claimed .. 107 Instrument creating two or more burdens and priority thereof 108 Note in register on registration of charge actually raised under a settlement .. . 109 Note in register on registration of voluntary burden where a certificate has been issued .. .. .. .. .. 110 Evidence on which a burden may be cancelled or modified .. 111 Where burden may be cancelled as extinguished .. .. 112 Charges Forms of charge, transfer of charge and release .. .. 113 Registration of charge created by a company .. .. .. 114 Sub-charges .. .. .. .. .. .. .. .. 115 Meaning of "future advances" in register and the registration of a charge for same .. .. .. .. .. 116 Dealing with mortgage created prior to first registration where registered .. .. 117 Judgment mortgages Registration of affidavit of judgment mortgage .. .. 118 Evidence on entry of notice of deposit of affidavit of judgment 119 Notice of deposit of affidavit .. .. .. .. .. 120 Application to cancel notice of deposit of affidavit on grounds of invalidity of judgment mortgage .. .. .. .. 121 Cancellation of notice of deposit of affidavit of judgment validly registered .. . 122 Other burdens Lease .. .. .. .. .. .. .. .. 123 Rentcharge .. .. .. .. .. .. .. .. 124 Power to charge and trust to raise money .. .. .. 125 Lien for unpaid purchase money .. .. .. .. .. 126 Judgment or order of court .. .. .. .. .. 127 Lis pendens .. .. .. .. .. .. .. .. 128 Recognisances, bonds and judgments .. .. .. .. 129 Easement or profit á prendre .. .. .. .. .. 130 Cautions and inhibitions against registration of dispositions Form of caution, affidavit or certificate in support and notice .. 131 Warning notice to cautioner .. .. .. .. .. 132 Application by registered owner for discharge of caution .. 133 Procedure on appearance by cautioner to a warning notice .. 134 Withdrawal of caution or consent of cautioner to dealing .. 135 Lapse of caution .. .. .. .. .. .. .. 136 Form of inhibition .. .. .. .. .. .. .. 137 Entry of inhibition on consent .. .. .. .. .. 138 Application for inhibition where there is no consent .. 139 Procedure on application for inhibition .. .. .. .. 140 Procedure on objection to inhibition .. .. .. .. 141 Modification or discharge of registered inhibition .. .. 142 Application in anticipation of dealing inhibited without Registrar's order or approval .. .. .. .. .. 143 Procedure on lodgment of dealing inhibited without notice to specified persons 144 Inhibition under order of court .. .. .. .. .. 145 Other entries Entry of notice of burdens that affect without registration .. 146 Entry of notice of exemption from burden under section 72 of the Act .. .. .. 147 Entry of conclusiveness of a boundary of property .. .. 148 Entry of boundary ascertained by Land Judge's conveyance .. 149 Entry of boundary by agreement .. .. .. .. 150 Settlement of boundary on transfer .. .. .. .. 151 Entry of name of new trustee of a settlement .. .. .. 152 Removal of description of infancy .. .. .. .. 153 Entry in register on conversion of a registered renewable lease .. 154 PART IV MISCELLANEOUS Land certificates Form and contents of land certificate .. .. .. .. 155 Certificates of charge Form of certificate of charge in certain cases .. .. .. 156 Form and contents of certificate of charge .. .. .. 157 Certificates generally Certificates already issued .. .. .. .. .. .. 158 Certificate not to certify ownership of burdens .. .. .. 159 Authentication of entry on certificate .. .. .. 160 The date of issue of certificate .. .. .. .. .. 161 Production of a certificate on registration .. .. .. 162 Production of certificate of charge on sale by owner of charge .. 163 Application for order for production of certificate .. .. 164 Power to dispense with production of certificate in certain cases 165 On registration of dealing, certificate to be made conformable with register or substitute certificate issued .. .. 166 Power to issue new certificate in certain cases .. .. .. 167 Deposit in Registry of certificate for specified registrations .. 168 Certificate containing unofficial entries to be cancelled .. 169 Power to issue new certificate where certificate lost and to dispense with certificate of charge .. .. .. .. 170 Record to be kept of outstanding certificates .. .. .. 171 Note of issue of certificate to be made in register .. .. 172 Authorised statements on certificates .. .. .. 173 Registry maps Registry maps .. .. .. .. .. .. .. 174 Contents of registry maps .. .. .. .. .. .. 175 Revision of descriptions in registers and revision of maps .. 176 Infants Persons who may represent infants .. .. .. .. 177 Appointment of person to represent infant .. .. .. 178 Persons of unsound mind Appointment of person to represent person of unsound mind .. 179 Deeds and documents Lodgment of documents subject to lien .. .. .. .. 180 Documents that are to be retained in Registry and that may be delivered or destroyed .. .. .. .. .. 181 Delivery of documents relating to unregistered property .. 182 Endorsement of documents delivered .. .. .. .. 183 Delivery of documents to solicitor for production in court or for 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 registry maps Official search .. .. .. .. .. .. .. 190 Priority search .. .. .. .. .. .. .. 191 Effect of priority search .. .. .. .. .. .. 192 Entry under section 108 of the Act .. .. .. .. 193 Priority where two or more certificates are issued .. .. 194 Solicitor or other person not liable for error in official search .. 195 Application by telegram or telephone for search .. .. 196 Replies to application for search by telegram or telephone .. 197 Searches by public .. .. .. .. .. .. .. 198 Proceedings in the Registry Proceedings not to abate .. .. .. .. .. .. 199 Evidence in proceedings .. .. .. .. .. .. 200 Affidavits and statutory declarations in proceedings .. .. 201 Form of notices issued .. .. .. .. .. .. 202 Service of notices .. .. .. .. .. .. .. 203 Service through the post .. .. .. .. .. .. 204 Procedure on return of notice sent by post .. .. .. 205 Personal service of notice, summons or order .. .. .. 206 How questions determined .. .. .. .. .. 207 Summons by Registrar .. .. .. .. .. .. 208 Powers of Registrar under sections 16 and 94 of the Act .. 209 Costs of proceedings before Registrar .. .. .. .. 210 Enforcement of order for costs .. .. .. .. .. 211 Recording of decisions of Registrar .. .. .. .. 212 Reference of questions to court .. .. .. .. .. 213 General powers of Registrar .. .. .. .. .. 214 Power to treat proceedings as abandoned .. .. .. 215 PART V COMPENSATION PAYABLE OUT OF THE CENTRAL FUND To whom application for compensation is to be made.. 216 Contents of application for compensation.. .. .. 217 Service of application on parties interested.. .. .. 218 Notice to admit or dispute claim to be given by Minister for Finance.. .. .. .. .. .. .. .. 219 Where claim admitted, order allowing compensation to be made.. .. .. .. .. .. .. .. 220 Procedure on application for compensation if claim is disputed 221 Hearing and determination of claim by Registrar.. .. 222 PART VI REGISTRATIONS IN THE REGISTER MAINTAINED UNDER SECTION 8 (
b)OF THE ACT; AND EXCHANGES OF HOLDINGS UNDER SECTION 46 of THE LAND ACT, 1923 . Register under section 8 (
b)of the Act to be kept in central office only.. .. .. .. .. .. .. 223 Rights in land which may be registered.. .. .. .. 224 Incorporeal hereditaments held in gross .. .. .. 225 Application of the Act to incorporeal hereditaments held in gross.. .. .. .. .. .. .. 226 Application of the Act to rights other than incorporeal hereditaments held in gross.. .. .. .. .. .. 227 Exchanges under section 46 of the Land Act, 1923 .. .. 228 Effect of registration on exchange.. .. .. .. 229 Registration with possessory title.. .. .. .. .. 230 Notices to be given.. .. .. .. .. .. .. 231 PART VII SOLICITORS' COST Interpretation.. .. .. .. .. .. .. 232 Orders of 1884 and 1960, as varied, to apply.. .. .. 233 Sales, purchases and charges.. .. .. .. .. 234 Leases and fee-farm grants.. .. .. .. .. 235 Other business.. .. .. .. .. .. .. 236 Rescission of rule 11 of Part I of Schedule I to the Order of 1884 237 Meaning of "value" in Parts IV and V of the Schedule of Costs 238 Taxation.. .. .. .. .. .. .. .. 239 Certain amendments of Order of 1960 not to apply.. .. 240 Instruction fee.. .. .. .. .. .. .. 241 Amendment.. .. .. .. .. .. .. .. 242 SCHEDULE OF COSTS PART I Scale of charges on sales, purchases and mortgages PART II Scale of charges as to leases or agreements for leases at rack rent (other than mining leases or leases for building purposes or agreements for the same) PART III Scale of charges as to certain fee farm grants, building leases reserving rent and other long leases not at rack rent, etc. PART IV Scale of charges for transfer (except a transfer on sale) by a registered owner or his personal representative PART V Scale of charges for applications for conversion of possessory titles, etc. under rules 33, 34 and 35 of these Rules PART VI Judgment mortgages— costs payable under rule 121

(6)of these Rules PART VII Certificates— costs of proceedings under rule 164

(5)Subject Matter Form SCHEDULE OF FORMS First registration, title by possession etc. Application for first registration of freehold property.. .. 1 Application for first registration of leaseholds and of rights (other than incorporeal hereditaments held in gross).. 2 Application for first registration where the purchase money of or compensation for the property does not exceed £8,000 3 Application by Land Commission under section 26

(1)of the Act for first registration with possessory title.. .. 4 Application for registration where title is based on possession 5 Memorial for Registry of Deeds of the registration of property in the Land Registry.. .. .. .. .. .. 6 Caution against first registration.. .. .. .. .. 7 Caution against registration of dealings in favour of Agricultural Credit Corporation Limited on first registration or thereafter.. .. .. .. .. .. .. 8 Affidavit of interest in support of caution against first registration to be endorsed on caution.. .. .. .. .. 9 Notice to cautioner of application for first registration.. 10 Conversion of possessory titles Application for the conversion of possessory title registered for 30 years.. .. .. .. .. .. .. .. 11 Application for conversion of possessory title registered over 12 years, where the applicant claims under a transfer for valuable consideration registered not less than 12 years prior to the application.. .. .. .. .. 12 Application for conversion of possessory title where the title to the tenancy existing prior to first registration has not been investigated by counsel.. .. .. .. .. 13 Application for conversion of possessory title where the title to the tenancy existing prior to first registration has been investigated by counsel.. .. .. .. .. 14 Application for the conversion of possessory title on a certificate of solicitor where compensation purchase money or value does not exceed £8,000.. .. .. .. .. 15 Affidavit of discovery.. .. .. .. .. .. 16 Dealings with registered property (

a)General Application by solicitor for registration of ownership, burdens or other entries, under documents presented by him.. 17 Summons to attend before Registrar.. .. .. .. 18 (
b)Transfers Transfer of freehold property by a registered full owner.. 19 Affidavit of attesting witness.. .. .. .. .. 20 Transfer of freehold property by a registered full owner, where the registered owner of a charge joins to release the charge 21 Transfer of part of freehold property by a registered full owner 22 Voluntary transfer of freehold property by a registered full owner with a power of revocation.. .. .. .. 23 Transfer of freehold property 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.. .. .. .. .. .. .. .. 24 Transfer of freehold property by a registered owner of a charge in exercise of his power of sale.. .. .. .. 25 Transfer of freehold property by a registered full owner to two persons as joint tenants.. .. .. .. .. 26 Transfer of freehold property to two persons who are trustees for sale.. .. .. .. .. .. .. .. 27 Transfer of freehold property to two persons as tenants in common.. .. .. .. .. .. .. 28 Transfer of freehold property by a registered owner creating rights in favour of himself and others.. .. .. 29 Settlement of freehold property by a registered full owner on the marriage of his child.. .. .. .. .. 30 Transfer by a registered full owner of a leasehold interest.. 31 Transfer by a registered full owner of a rentcharge.. .. 32 Application by a local authority to be registered as owner of property vested in it under section 5 of the Small Dwellings Acquisition Act, 1899, section 24 of the Labourers Act, 1936 , section 11

(4)of the Housing (Loans and Grants) Act, 1962 , or section 39

(5)or 107

(6)of the Housing Act, 1966 .. .. .. .. .. .. .. .. 33 (c) Transmissions on deaths before the 1st June, 1959 Application for registration by a devisee of a registered full owner of freehold property that did not vest in his personal representative .. .. .. .. .. .. .. 34 Notice to the personal representative of a deceased registered full owner of an application for registration by a devisee of freehold property that did not vest in the personal representative of the owner.. .. .. .. .. 35 Application for registration by the heir, widow or husband of an intestate full registered owner of freehold property that did not vest in his personal representative.. .. .. 36 Assent by personal representative to a devise to another entitled thereto in the case of deaths before the 1st June, 1959 37 Application by a devisee entitled for registration as full owner of property on the assent of the personal representative in the case of death before the 1st June, 1959.. .. 38 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 in the case of death before the 1st June, 1959.. .. .. 39 Application by trustee devisees for registration as full owners of property on the assent of the personal representative in the case of death before the 1st June, 1959.. .. 40 Application by a person entitled as sole devisee for registration as owner of property that is vested in him as sole personal representative in case of death before the 1st June, 1959 41 Application by one or more personal representatives to whom property is devised upon trust for sale or other trusts requiring his/their registration in the case of death before the 1st June, 1959.. .. .. .. .. .. 42 Transfer of property of a testate registered full owner by his personal representative to a devisee entitled in case of death before the 1st June, 1959.. .. .. .. .. 43 Transfer of property of a testate registered full owner by his personal representative, at the direction of trustee devisees, to a beneficiary who has become entitled under the trusts of the will in case of death before the 1st June, 1959 .. 44 Affidavit by personal representative

(1)of a testate full owner relative to burdens or other rights created by the will of the testator in case of death before the 1st June, 1959 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 entitled to the property on the intestacy in case of death before the 1st June, 1959.. .. .. .. .. .. .. 45 Transfer of property (subject to Part IV of the 1891 Act) of an intestate registered full owner by his personal representative to the person entitled under the intestacy in case of death before the 1st June, 1959.. .. .. .. 46 Application for registration by a person who is personal representative and who claims to be entitled to property (subject to Part IV of the 1891 Act) of an intestate owner in the case of death before the 1st June, 1959 .. .. .. 47 (

d)Transmissions on deaths on or after the 1st June, 1959 Assent by personal representative(
s)to the registration of a person entitled as full owner where a registered owner dies testate on or after the 1st June, 1959 .. .. .. 48 Assent by personal representative(
s)to the registration of a person entitled as limited owner where a registered full owner dies testate on or after the 1st June, 1959 .. .. 49 Application by a person who claims to be entitled to be registered as full owner on the assent of the personal representative(
s)where a registered full owner dies testate on or after the 1st June, 1959 .. .. .. .. .. .. 50 Application by a person who claims to be entitled to be registered as limited owner on the assent of the personal representative(
s)where a registered full owner dies testate on or after the 1st June, 1959.. .. .. .. .. .. .. 51 Application by trustees for registration as full owners of property on the assent of the personal representative(
s)where a registered full owner dies testate on or after the 1st June, 1959 .. .. .. .. .. .. 52 Application for registration by a personal representative who claims to be entitled to be registered as full owner on the death testate of a registered full owner on or after the 1st June, 1959 .. .. .. .. .. .. ..??/ 53 Application by one or more personal representatives to whom property is devised upon trust for sale or other trusts requiring his/their registration on the death testate of a registered full owner on or after the 1st June, 1959.. .. 54 Transfer by the personal representative(
s)to a person entitled to be registered as full owner where a registered full owner dies testate on or after the 1st June, 1959 .. .. .. 55 Transfer by the personal representative(
s)to a person entitled to be registered as a limited owner where a registered full owner dies testate on or after the 1st June, 1959 .. .. 56 Assent by personal representative(
s)to the registration of a person entitled as full owner where a registered full owner dies intestate on or after the 1st June, 1959.. .. 57 Assent by personal representative(
s)to the registration of a person entitled as limited owner where a registered full owner dies intestate on or after the 1st June, 1959.. 58 Application for registration by a person who claims to be entitled to be registered as full owner where a registered full owner dies intestate on or after the 1st June, 1959 .. 59 Application for registration by a person who claims to be entitled to be registered as limited owner on the assent of the personal representative(
s)where a registered full owner dies intestate on or after the 1st June, 1959.. .. 60 Transfer by the personal representative(
s)to a person entitled to be registered as full owner where a registered full owner dies intestate on or after the 1st June, 1959.. 61 Transfer by the personal representative(
s)to a person entitled to be registered as limited owner in pursuance of a settlement where a registered full owner dies intestate on or after the 1st June, 1959.. .. .. .. .. .. 62 Application for registration by a personal representative who claims to be entitled to be registered as full owner on the death intestate of a registered full owner on or after the 1st June, 1959 .. .. .. .. .. .. .. 63 Determination of Limited Ownership Application for registration as owner by a person entitled on the determination of the estate or interest of a registered limited owner—

(1)where the settlement was created by the will of a registered owner who died on or after the 1st June, 1959 and registration of the limited owner thereunder is made after the commencement of the Succession Act, 1965 , or

(2)where the settlement was created by the personal representative and the persons claiming on the death of a registered owner who died on or after the 1st June, 1959 and registration of the limited owner is effected after the commencement of the Succession Act, 1965 .. .. .. 64 Application for registration as owner by a person entitled on the determination of the estate or interest of a registered limited owner in all cases where Form 64 is not appropriate, e.g.,

(1)where the settlement was created by deed by a registered owner;

(2)where the settlement was created by the personal representative and the persons claiming on the death of a registered owner and registration of the limited owner was effected prior to the commencement of the Succession Act, 1965 ;

(3)where the settlement was created by the will of a registered owner and registration of the limited owner was effected prior to the commencement of the Succession Act, 1965 ; or

(4)where the settlement was created (

a)by the will of a registered owner who died prior to the 1st June, 1959 or (
b)by the personal representative and the persons claiming on the death of such a registered owner and registration of the limited owner is effected after the commencement of the Succession Act, 1965 .. .. .. .. .. 65 Charges, judgment mortgages and other burdens, and discharges Assent to the registration of a burden .. .. .. .. 66 Charge for a principal sum.. .. .. .. .. 67 Charge for future advances.. .. .. .. .. 68 Charge by personal representative for moneys that he is liable to pay as personal representative.. .. .. .. 69 Transfer of charge.. .. .. .. .. .. .. 70 Requisition for discharge of a charge by its registered owner 71A Requisition for discharge of a charge where its registered owner does not concur.. .. .. .. .. .. .. 71B Charge by way of annuity 72 Grant of perpetual rentcharge out of freehold property 73 Entry to be made in the register on deposit in the Registry of an affidavit of judgment as a judgment mortgage.. .. .. .. .. 74 Notice of the deposit in the Registry of an affidavit of judgment as a judgment mortgage.. .. .. .. .. 75 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.. .. .. .. .. 76 Requisition for registration of a lis pendens as a burden.. 77 Entry of lis pendens in the register.. .. .. .. 78 Entry of recognisance in the register.. .. .. .. 79 Grant of a right of way by registered full owner of property for the benefit of other registered property.. .. .. 80 Cautions and inhibitions Requisition for caution against dealings by a registered owner 81 Affidavit in support of caution.. .. .. .. .. 82 Notice to owner of entry of caution.. .. .. .. 83 Warning notice to cautioner of dealing lodged.. .. .. .. 84 Warning notice to cautioner of an application by the registered owner to discharge caution.. .. .. .. .. 85 Application by cautioner for withdrawal of caution .. .. 86 Application to the Registrar for the entry of an inhibition in a register.. .. .. .. .. .. .. .. 87 Forms of inhibition.. .. .. .. .. .. 88 Notice of an application for the entry of an inhibition .. 89 Application to the Registrar for the discharge or modification of an inhibition on consent.. .. .. .. .. 90 Application to the Registrar for the discharge or modification of an inhibition, where parties do not consent.. .. 91 Land certificates and certificates of charge Land certificate: Form of certification.. .. .. .. 92 Certificate of charge.. .. .. .. .. .. 93 Application for order for production of land certificate or certificate of charge .. .. .. .. .. .. 94 Notice to accompany a certificate deposited in the Registry for the purpose of a specified registration.. .. 95 Official receipt for a certificate deposited in the Registry for a specified registration.. .. .. .. .. .. 96 Notice of lodgment of deeds in the Registry subject to a lien thereon.. .. .. .. .. 97 Application for the transmission of a filed instrument to a local registrar for production in court.. .. .. 98 Searches Requisition for official search in the names index.. .. 99 Requisition for official search for the registration of the ownership of a specified parcel of property in the register of ownership of freehold land or in the register of ownership of leasehold interests, or of any right the ownership of which is registered in the register maintained under section 8 (
b)of the Act.. .. .. .. .. .. .. 100 Requisition for official search in a register for entries since first registration.. .. .. .. .. .. 101 Certificate of result of official search in names index.. .. 102 Certificate of result of official search for the registration of the ownership of specified property or for entries in a register .. .. .. .. .. .. .. .. 103 Application for official search pursuant to section 108 of the Act in respect of all the property registered in a folio.. .. .. .. .. .. .. .. 104 Certificate of result of official search made pursuant to section 108 of the Act in respect of all the property registered in a folio.. 104A Application for official search pursuant to section 108 of the Act in respect of part of the property registered in a folio.. 105 Certificate of result of official search made pursuant to section 108 of the Act in respect of part of the property registered in a folio.. .. .. .. .. .. .. 105A Inhibition to be entered pursuant to section 108 of the Act .. 106 Compensation Application for compensation out of the Central Fund under section 120 of the Act.. .. .. .. .. 107 Notice of hearing of a claim for compensation under section 120 of the Act.. 108 PRELIMINARY 1 Commencement. 1.

(1)These Rules shall come into operation on the 2nd day of October, 1972 and may be cited as the Land Registration Rules, 1972.

(2)The Land Registration Rules, 1966, and the Land Registration (Solicitors' Costs) Rules, 1970, are hereby rescinded. 2 Interpretation. 2.

(1)In these Rules— "the Act" means the Registration of Title Act, 1964 ; and words or expressions defined in the Act have the same meaning as in the Act, where the context so admits; "the Act of 1891" or the "1891 Act" means the Registration of Title Act, 1891; "the Registry" means the Land Registry; "the Registrar" means the Registrar of Titles; "local registrar" means the county registrar of a county acting as a registering authority by virtue of section 10 of the Act; "Form" or "Forms" means a form or the forms in the Schedule of Forms; "property" includes land, and any estate, leasehold interest, 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; "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; "possessory title" includes a title deemed under the Act or under these Rules to be possessory; "prescribed fee" means the appropriate registration fee fixed by the Minister for Justice by order under section 14 of the Act.

(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 with these Rules. PART ITHE REGISTERS AND THE REGISTRY OFFICES 3 Form and contents of registers. 3.

(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— (

a)a description of the property the ownership of which is registered, with a reference to the plan on the registry maps of the land affected; (
b)such entries as are authorised by the Act or these Rules relative to— (
i)easements and rights for the benefit of the property; (
ii)the inclusion of mines and minerals in, or their exclusion from, the property; (iii) the boundaries of the property; (
iv)at the Registrar's discretion, Land Commission references and notes regarding issue of land certificates and copy maps

(3)There shall be entered in the second part of a folio— (

a)the name and description of the owner of the property and his address in the State for service of notices; (
b)such entries as are necessary relative to— (
i)the classes of owners and titles that are registered pursuant to sections 27 and 33 or 40 of the Act; (
ii)the devolution of the property; (iii) the matters referred to in sections 91, 99 and 101 of the Act; (
iv)the issue of land certificates; (
c)cautions and inhibitions restricting the registration of dispositions of the property; (
d)a note under section 61

(6)(b) of the Act of the death of the registered owner and of the names of his personal representatives.

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

a)the burdens the registration of which is authorised by section 69 of the Act; (
b)(
i)the ownership of a registered charge, where it is not registered in the register maintained under section 8 (
b)of the Act and, where the Registrar permits, sub-charges on a registered charge and their ownership; (
ii)such entries as are necessary relative to the issue of certificates of charge; (
c)notice of the exemption from or existence of the burdens specified in Section 72

(2)of the Act; (

d)cautions and inhibitions against registration of dealings with a registered burden the ownership of which is not registered in the register maintained under section 8 (
b)of the Act.

(5)A plan of the property comprised in a folio may be filed in the Registry by being attached to part 3 of the folio.

(6)All existing folios of the registers shall be revised in accordance with the foregoing provisions of this rule whenever the Registrar considers such revision expedient. 4 Authentication contents and cancelations of entries. 4.

(1)Entries and cancelations 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 remains legible. 5 Adjoining properties of an owner in two or more counties. 5.

(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 the property 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. 6 Revision of folios of registers. 6.

(1)The Registrar on an application by the registered owner or when he thinks it practicable or desirable, may clear the title to property entered in a folio of a register by closing it and opening a revised folio for the property containing the subsisting entries only. He may, in doing so, make any re-arrangement conducive to 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. On the completion of the revision of the folio notification shall be sent to the registered owner (or his Solicitor) of the revised folio number.

(2)The Registrar may order any person in whose custody a land certificate or certificate of charge 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 105

(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 or the record thereof maintained in the Registry. 7 Formal alterations of register and cancellation of determined entries. 7. 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, make any formal alterations in a register or withdraw from a register by cancellation thereof any burden, notice or entry that he is satisfied no longer affects or relates to the property. 8 Correction of clerical and other errors. 8. (

a)Where a clerical error is discovered in a register or registry map, the Registrar may, after giving any notices and obtaining any evidence or assent that he may deem proper, make the necessary correction. (
b)Any other error in a register or registry map originating in the Registry may be corrected with the consent of the registered owner of the property (or his solicitor) which is affected by such error or correction and of such other persons as appear to the Registrar to have an interest. 9 Revision of descriptions of property. 9. 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. 10 Indexes. 10.

(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 interest or a right in the register maintained under section 8 (b) of the Act 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 the ownership is registered in the register of owners of freehold land, or on or out of which the ownership of a leasehold interest or an incorporeal hereditament is registered in the register of leasehold interests or in the register maintained under section 8 (b) of the Act, 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 register maintained under section 8 (

b)of the Act; and the index of lands shall not be kept in a local office. 11 Closing of register in respect of charges. 11. A requisition by an owner of a charge registered in the register maintained under section 8 (
b)of the Act to close such register in respect of such charge for the purpose of having the ownership registered in the register of the property charged shall be made in writing by the registered owner or his solicitor and shall be accompanied by consents of all persons appearing from the register to have any interest in the charge. 12 Duplicates of registers to be kept in local offices. 12. Duplicates of the register of ownership of freehold land and the register of ownership of leasehold interests in a county shall be kept and maintained in the local office of the county. 13 Functions of local offices. 13.

(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— (

a)the registration in the registers of his office of the entries therefor transmitted from the central office; (
b)the maintenance of the registers and indexes of his office; (
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, the assessment and collection of the prescribed fee for an inspection made or copy delivered and the fees so collected; (
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 prescribed fee 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 so received. PART II FIRST REGISTRATION, CONVERSION OF POSSESSORY AND QUALIFIED TITLES, AND OTHER REGISTRATIONS INVOLVING EXAMINATIONS OF THE TITLE OF PERSONS TO UNREGISTERED INTERESTS IN REGISTERED PROPERTY Application for first registration. 14 Applications for first registration. 14.

(1)Every application for first registration of ownership under the Act, except an application under rule 17, 19

(3), 19

(4), 20

(1), 21 or 22, shall be by application in Form 1 or 2, as the case may require.

(2)Subject to paragraph

(3), every application or instrument for first registration of ownership which is sent to or lodged in the Registry (other than one in respect of which it is provided by statute that no fee shall be payable) shall be accompanied by the prescribed fee.

(3)In any case in which registration is compulsory— (

a)an application or instrument unaccompanied by the prescribed fee for the registration applied for may be received for registration, if accompanied by an undertaking in writing by a solicitor to pay the prescribed fee, or, if the application is made by the applicant in person, by such deposit as the Registrar may direct in addition to an undertaking in writing by the applicant to pay the prescribed fee; (
b)no registration shall be made under an application or instrument sent or delivered without the prescribed fee until the fee is paid. If the fee is not paid within one month of the receipt of the application or instrument, the proceedings shall be treated as abandoned and the documents lodged by the applicant shall be re-delivered to him. 15 Documents to accompany application for registration of ownership of freehold property. 15.

(1)An application for registration of the ownership of freehold property to which rules 19

(3), 19

(4), 20

(1), 21 or 22 does not apply, shall, unless the Registrar otherwise directs, be accompanied by (

a)a concise statement of the title giving in chronological order a summary of the documents and the events and facts on which the applicant's claim to the property is based, (
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, (
c)a plan of the property the ownership of which is sought to be registered, or of the property affected by the incorporeal hereditaments the ownership of which is sought to be registered, drawn on the current largest scale map published by Ordnance Survey, unless there is a plan thereof on some muniment of title sufficient to identify it on the registry map, or unless the application otherwise sufficiently identifies the property aforesaid on the registry map, (
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. 16 Documents to accompany application for registration of ownership of leasehold interests and of rights other than incorporeal hereditaments held in gross. 16. An application for registration of the ownership of a leasehold interest or of the ownership of a right (other than an incorporeal hereditament held in gross), to which rule 19

(3)or 22 does not apply, shall, unless the Registrar otherwise directs, be accompanied by the following documents— (

a)where the application is by or on behalf of the original lessee or grantee or the personal representative of either of them, and registration with an absolute title is not required, the lease or grant and, unless the application otherwise sufficiently identifies the property subject thereto on the registry map, a plan of the property drawn on the current largest scale map published by Ordnance Survey, (
b)except in cases to which sub-paragraph (
a)applies, the documents specified in rule 15

(1)(a), (

b)and (
d)and, unless the application otherwise sufficiently identifies the property subject thereto on the registry map, a plan of the property drawn on the current largest scale map published by Ordnance Survey. 17 Application for first registration based on possession. 17. Where an application for registration of ownership of property is based on possession, or where the applicant has no documents of title in his possession or under his control in relation to such property, and the Registrar is satisfied on inquiry or otherwise that the applicant is in possession or in receipt of the rents and profits of the property, the application may be made in Form 5, with such modifications therein as the case may require. 18 Examination of title. 18. Every title to property the subject of an application under rule 14 or 17 shall be examined by or under the supervision of the Registrar, who shall direct such searches, advertisements, notices and enquiries as he may deem necessary. He may in any case dispense with or modify the official examination of title, or he may accept what he considers to be a good holding title and take such indemnity as he may deem necessary. No evidence of title shall be called for that could not be required on a sale of the property under an open contract. 19 Modification of examination of title. 19.

(1)Save as aforesaid and as otherwise provided in this rule, the title to be shown by the applicant may commence with a disposition of the property made not less than 30 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.

(2)Where the market value of the property the subject of the application is shown to the satisfaction of the Registrar not to exceed £8,000, the title to be shown by the applicant may commence— (

a)with a disposition of the property 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 or (
b)with a conveyance or assignment on sale made not less than 12 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.

(3)On a sale where the purchase money of the property does not exceed £8,000, the Registrar may, if he thinks fit, register a title as absolute or good leasehold on production of a certificate by a solicitor, at the expense of the applicant in Form 3, adapted as the case may require.

(4)Where property is acquired by a statutory authority and the purchase money or compensation paid therefor does not exceed £8,000, (

a)the Registrar may dispense with the official examination of the title and may register the statutory authority with absolute title or good leasehold title on a certificate of title by the solicitor for such authority in Form 3 adapted as the case may require; (
b)the application shall be signed by the solicitor for the statutory authority and shall be accompanied by a plan of the property drawn on the current largest scale map published by Ordnance Survey.

(5)Where the title of an applicant has been examined— (

a)by the conveyancing counsel of a court on a sale or purchase of the property under an order of the court or (
b)by a practising barrister on a sale or mortgage of the property, the Registrar may dispense with, or modify as he thinks fit, the official examination of title.

(6)Where, in the course of the investigation of a title, the applicant so requests, or it appears desirable to the Registrar that the title should be referred to counsel for his opinion, the Registrar may, with the consent and at the expense of the applicant, agree that the title be referred to counsel for his opinion generally or on any of the following specific matters— (

a)whether he is satisfied as to the identity of the property in the title deeds with the property the subject of the application; (
b)whether the applicant is to be registered as full owner or as limited owner, and the class of title with which he is to be registered; (
c)if the applicant is entitled as trustee, what inhibition is required for the protection of the trusts; (
d)if the applicant is to be registered as full owner the burdens (if any) specified in section 69 of the Act that affect the property and their priority inter se; (
e)if the applicant is to be registered as limited owner, the documents constituting the settlement, the trustees for the purposes of the Settled Land Acts, the burdens under section 69 of the Act that have priority to the settlement and their priority inter se; (
f)whether the evidence produced discharges his requisitions on the title. The opinion of counsel may be furnished in Form 3 adapted as the case may require. 20 Application by Land Commission for registration with possessory title. 20.

(1)An application by the Land Commission under section 26

(1)of the Act for the first registration of a person as owner with a possessory title shall be in Form 4 and shall be accompanied by a plan of the property drawn on the current largest scale map published by Ordnance Survey.

(2)A certificate by the solicitor for the applicant shall be endorsed on the application, certifying that the person whose registration is applied for is in possession of the property the subject of the application. 21 Application by local authority under statutory powers for first registration of purchaser. 21.

(1)Application by a local authority for the first registration of a purchaser of property under the Labourers Act, 1936 , shall be made by lodging in the Registry the documents prescribed by section 19

(2)of that Act.

(2)An application by a local authority for the first registration of a purchaser of property under section 92 of the Housing Act, 1966 , shall be made by lodging in the Registry the Transfer Order prescribed by section 90

(3)of that Act.

(3)An application for first registration under this rule shall be accompanied by a plan of the property drawn on the current largest scale map published by Ordnance Survey. 22 Documents to be lodged on registration procured by Land Commission. 22. The document to be transmitted by the Land Commission to the Registrar (a) when the Land Commission have acquired property under their statutory powers or sold property to a purchaser under the Land Purchase Acts on or after 1 January, 1892, the documents to be transmitted by the Land Commission to the Registrar in order that he may be registered as owner, shall be in the form of the vesting order, vesting fiat, final list or transfer order, under or by virtue of which the property is vested in the Land Commission or the purchaser, as the case may be, and may, except in the case of a transfer order, be an official copy of such instrument. The document shall be accompanied by a plan of the property drawn on the current largest scale map published by Ordnance Survey. 23 Transfers to registers of recorded property. 23.

(1)The title to property recorded under the Record of Title (Ireland) Act, 1865, shall, at such times as the Registrar may direct, be transferred to the registers established by the Act.

(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 the 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. 24 Registration of recorded property 24. On the transfer of recorded property to a register under the Act— (

a)all charges, incumbrances, leases and other rights on the record that are burdens within the meaning of section 69 of the Act shall be entered as burdens in the register in their priority as recorded; (
b)notice of the existence of any of the burdens specified in section 72 of the Act that are on record shall be entered in the register; (
c)the person appearing on the record as entitled to the property shall be entered in the register as full or limited owner with absolute title according to his estate therein as shown by the record. 25 Entry of easement or profit à prendre as part of description of property registered. 25. (
a)An easement or profit à prendre expressly granted as an appurtenance by a Land Judge's conveyance or a Land Commission vesting order, vesting fiat or other instrument may 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, order, fiat or other instrument. (
b)Where a registered owner or an applicant for registration as owner desires to have a specific entry made in the register of any right appurtenant to the property acquired by grant in writing or under a court order, he, or his solicitor on his behalf, may make written application to the Registrar for such an entry to be made; whereupon the Registrar may, on production of satisfactory evidence of title and subject to the service of such notices (if any) as he may direct, enter such right in the register as appurtenant to the property. 26 Property acquired under the Land Purchase Acts and on exchange. 26.

(1)Where, on first registration of property purchased under the Land Purchase Acts, the Registrar is not satisfied that the granting of an absolute or qualified title is warranted, he shall register the property with a possessory title.

(2)Where the property has been acquired in exchange for property registered with a possessory title and the unregistered rights protected by such registration that apply to the property given in exchange are transferred under any provision of the Land Purchase Acts to the acquired property, the registration of the acquired property shall be made with a possessory title. 27 Notice of statutory restrictions. 27. 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 under any enactment against alienation, assignment, sub-division, letting or subletting, notice shall be entered in the register of the fact that the property is subject to such restrictive or prohibitive provisions. 28 Entries relative to mines and minerals. 28.

(1)Where, on an application for first registration of the ownership of property, no evidence is adduced as to the ownership of the mines and minerals therein or such ownership is not proved to the satisfaction of the Registrar or 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. 29 Memorial for Registry of Deeds. 29. Except as is otherwise provided in the Land Purchase Acts, the memorial for the Registry of Deeds of the registration of property under the Act shall be in Form 6, or in special circumstances in such modified form thereof, or in such other form as the Registrar may direct. 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. 30 Flat, floor, cellar, tunnel, mines and minerals; or foreshores. 30.

(1)(

a)Where the property comprised in an application for registration is a flat or floor, or part of a flat or floor, of a house, or a cellar or tunnel, or mines and minerals, or an underground space apart from the surface, a plan drawn on the largest current scale map published by Ordnance Survey shall be furnished of the surface under or over which the property to be registered lies together with such other plans, sections and other description (if any) as the Registrar may deem necessary and with particulars of any appurtenant rights of access, whether held in common with others or not, or obligations affecting other property for the benefit of the property the title to which is being registered, and also, in the case of mines and minerals, with particulars of the rights incidental to the working of the mines and minerals that may be subsisting. (
b)Before the registration of such property is completed, notice may be given to the reputed owners or to the occupiers of the other property or properties above or below and (if in the same building) adjoining laterally the property to be registered, and to such other persons as the Registrar may direct.

(2)Where any land comprised in an application for registration of ownership includes foreshore, the fact should be stated in the application so that such notice (if any) as may be required by section 125 of the Act may be served. Cautions against first registration 31 Form of caution and affidavit in support of it. 31.

(1)A caution requiring notice of an application for the first registration of the ownership of property, other than a caution under section 43 of the Agricultural Credit Act, 1947 , shall be in Form 7.

(2)A caution under section 43 of the Agricultural Credit Act, 1947 , requiring notice of an application for first registration shall be in Form 8.

(3)The affidavit of interest in support of the caution shall be in Form 9 and shall be made by the cautioner or his solicitor.

(4)A cautioner may at any time, by writing signed by himself or his solicitor, withdraw his caution or consent to a registration. 32 Time for objection and form of notice on cautioner.

The time to be stated in the notice to be served on a cautioner under section 96 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
Conversion of possessory title into absolute title where the property has been purchased under the Land Purchase Acts 33 Application where ownership registered 30 years.
Where the ownership of property purchased under the Land Purchase Acts has been registered for 30 years, the Registrar may convert a possessory title into an absolute title on application by the registered owner or his personal representative in Form 11 with such modifications as the case may require. 34 Application where ownership registered 12 years under transfer for value.
Where the ownership of property purchased under the Land Purchase Acts has been registered for over 12 years, and an applicant for the conversion of a possessory title 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 of such property and occupation has been in accordance with the registered title, the Registrar may, on lodgment of an application in Form 12, with such modifications therein as the case may require, convert the title into an absolute title. 35 Application where property acquired by a statutory authority or on sale and value does not exceed £8,
35.

(1)Where property purchased under the Land Purchase Acts and registered with a possessory title has been acquired on sale or by a statutory authority and the purchase money compensation or value thereof does not exceed £8,000, the Registrar may, on an application by the Solicitor for applicant certifying that he has investigated the title prior to first registration and that on such investigation no adverse rights, restrictive covenants or incumbrances were disclosed, convert the title into an absolute title.

(2)The application shall be in Form 15, with such modifications therein as the case may require. 36 Other applications for conversion of possessory title. 36.

(1)Every other application for the conversion of a possessory title into an absolute title in the case of property purchased under the Land Purchase Acts shall show the title to the property that existed prior to such purchase.

(2)Where the Registrar so permits, the title to the tenancy (

a)may commence with a disposition thereof made not less than 20 years prior to the date of the application or (
b)may be deduced for a period of not less than 30 years prior to the application, whether based on possession or otherwise.

(3)The application shall be made by affidavit in Form 13 or 14, 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 or modification of examination of title to interests protected by registration with a possessory title. 37.

(1)In applications under rule 36, the title shall be examined by or under the supervision of the Registrar, who may extend or modify 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 thinks fit the official examination of title. In particular he may do so— (

a)where the title has been examined for the prescribed period by a practising barrister on the occasion of a disposition for valuable consideration, and his opinion, with the evidence on which it was based, is lodged with the application; such opinion may be furnished in Form 3 adapted as the case may require or (
b)where, in the course of an investigation of title, there is a reference to counsel for his opinion analogous to a reference under rule 19

(6); such opinion may be furnished in Form 3 adapted as the case may require or (c) by accepting a title he considers to be a good holding title and taking such indemnity as he may deem necessary. Conversion of possessory title into absolute or good leasehold title where the property has not been purchased under the Land Purchase Acts 38 Conversion of registered title in cases under subsection

(1)or

(2)of section 50 of the Act. 38.

(1)In a case to which paragraph (a) of subsection

(2)of section 50 of the Act applies, the applicant shall lodge all the documents specified in that paragraph together with an affidavit in Form 16, adapted where necessary, unless the Registrar otherwise directs.

(2)In a case to which paragraph (

c)of the said subsection applies, it shall not be necessary for the applicant to lodge the documents specified in paragraph (
a)of the subsection.

(3)An application to convert a possessory title into an absolute title, in a case to which paragraph (a) of subsection

(2)of section 50 of the Act does not apply, shall be made on affidavit in Form 1 (adapted). The application shall be accompanied by an affidavit in Form 16. 39 Notice, advertisement and enquiries before such conversions. 39. Before conversion of a possessory title in a case to which the foregoing rule applies, the Registrar (

a)may serve such notices as he may consider necessary, including notices to owners of neighbouring property, who, he may have reason to think, may be entitled to enforce restrictive conditions affecting the property; (
b)may, at the applicant's expense (unless an order to the contrary is made by him), insert notice of the intended conversion in Iris Oifigiúil and in such other newspapers (if any) as he may direct; (
c)may make such enquiries on the property or elsewhere as he may consider necessary. Conversion of Qualified title into absolute or good leasehold title 40 Application for conversion of qualified title. 40. An application to convert a qualified title into an absolute or good leasehold 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. The application shall be accompanied by an affidavit of discovery in Form 16, with such modifications as the case may require. General provisions as to the conversion of possessory or Qualified titles 41 Notice of intended conversion to be given. 41. Before the conversion of a possessory title consequential on an examination of title, the Registrar shall, if he considers it necessary— (
a)give notice of the intended conversion to the registered owner, if he is not the applicant for, or a consenting party to, the proposed conversion, (
b)where a burden is ascertained to have priority over a registered burden, give notice to the owner or reputed owner of the registered burden of the priority so ascertained and of the proposed registration of the burden, (
c)at the applicant's expense, give such notice of the intended conversion, or of proposed entries or cancellation of entries consequential on the examination of title, as he may think proper. 42 How burdens ascertained entered on conversion. 42. On conversion of a possessory or qualified title, consequential on an examination of title under these Rules— (
a)a burden ascertained to affect the property shall be entered in the register in the same manner as a burden created after first registration; but no ownership of the burden shall be registered until the title of the person claiming such ownership has been shown to the satisfaction of the Registrar; (
b)where the burden is ascertained to be in priority to a registered burden, a note of such priority 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 convert 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 or interest in remainder therein, he shall give notice to the owner or reputed owner of the burden 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 or subject to the determination in accordance with these Rules of any objection made, such cancellation or amendment of the entry or proposed 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 deeds deposited as a lien. 44. Where, on the conversion 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 a right affecting it, and no burden created after the deposit is registered, the land certificate issued in respect 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— (
a)the lessor of a leasehold interest the ownership of which is registered with a good leasehold title, for the purpose of noting that the title is converted to an absolute title, or (
b)a grantor of a registered incorporeal hereditament of freehold tenure, for the purpose of noting that the registered title is converted to an absolute title, or (
c)the grantor of a fee-farm grant or grant in perpetuity made under the provisions of any enactment in conversion of a registered leasehold interest, for the purpose of having the property transferred from the register of ownership of leasehold interests to the register of ownership of freehold property, or (
d)any person to a mortgage or charge 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 the case may require, and the provisions of the foregoing rules shall where necessary apply thereto, except that a plan need not be lodged with the application. Title acquired by possession to registered property 46 Title to registered property acquired by possession. 46. Pursuant to section 49 of the Act, any person claiming to have acquired a title by possession to registered property may apply for his registration as owner in Form 5 with such modifications therein as the case may require, whereupon the Registrar, if satisfied that the said person has acquired the title, may register the applicant as full owner with absolute, good leasehold, possessory or qualified title, as the case may require. General provisions relative to first registration and applications requiring an examination of title of unregistered interests 47 Form of affidavit or discovery. 47. An affidavit of discovery made pursuant to section 93 of the Act shall be in Form 16. 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. 48 Registration of tenants in common. 48. Where it appears to the Registrar from an examination of title that two or more persons are entitled to property as tenants in common, he shall ascertain and enter in the register the share of each person in the property. 49 Registration of trustee owner. 49. Where an applicant for registration as owner or the registered owner, as the case may be, is a trustee, he may have entered in the register on the completion of the registration an inhibition to restrict registration under dispositions that are unauthorised by the trust. 50 Notice to be given of proposed registration. 50. Unless the Registrar 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. 51 Date of registration. 51. 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 52 Form of instruments. 52.

(1)The forms of transfer, charge and other dispositions prescribed by these Rules shall be used in all transactions to which they refer or to which they are capable of being applied or adapted, with such alterations and additions as the transactions may require and the Registrar allows.

(2)Instruments for which no form is prescribed shall be in such form as the Registrar shall direct or allow, the scheduled forms being followed as closely as circumstances will permit. 53 Applications or instruments in improper form.

If it appears to the Registrar that any application or instrument is improper in form or in substance or is not clearly expressed or does not indicate with sufficient precision the particular interest or land which it is intended to affect or refers only to matters which are not the subject of registration under the Act or involves registration of a restriction which would be unreasonable or calculated to cause inconvenience or is otherwise expressed in a manner inconsistent with the principles upon which the register is to be kept, he may refuse registration, either absolutely or except subject to such modifications therein as he shall approve. 54 Evidence of execution of instruments.
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 to the effect that it was read over and explained to such person and that such person appeared to understand same. The execution of an application or an instrument by a person by his mark, due solely to physical disability, shall be verified by affidavit of an attesting witness giving the reason for such execution. In any case where the attestation clause contains this information the Registrar may dispense with such affidavit. The execution of an application or an instrument by other persons shall be verified by affidavit of an attesting witness whenever the Registrar so requires. 55 Evidence of execution of instrument by attorney. 55.

(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 power of attorney or an office copy thereof shall be filed in the Registry. 56 Indentification of part of registered property transferred. 56. An instrument dealing with part of the property in a folio of the register shall be accompanied by a plan drawn on the current largest scale map published by Ordnance Survey and referred to in the instrument, or on such Ordnance Survey map 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. Such plan shall be filed in the Registry and form part of the instrument. 57 Application by solicitor for registration of dealing. 57.

(1)Every application or instrument sent to or delivered at the Registry for registration by a solicitor shall be accompanied by a statement signed by him setting out— (

a)the names of all the parties to the transaction for whom he acts as solicitor, (
b)the amount of Land Registry fees sent, (
c)the documents sent, (
d)the ownership or other entries for the registration of which he applies, (
e)the name of the person who had the custody of a land certificate or certificate of charge lodged for the purposes of registration and the name of his solicitor, if it is to be re-issued to his solicitor.

(2)The statement may be in Form

58 Evidence of the sealing of deeds.
The Registrar shall be entitled to assume that every deed expressed to be sealed by the parties (other than a corporate body) executing same shall have in fact been so sealed notwithstanding that the deed bears no trace of such sealing at the time of lodgment in the Registry. 59 Presentation of dealing for registration. 59.

(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)An application or instrument in respect of registered property with the proper Revenue stamp impressed thereon, and accompanied by the prescribed fee for the registration applied for and otherwise prima facie in order for registration, may be received for registration except as provided in paragraph

(3).

(3)If the production of a land certificate or certificate of charge (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 164 is lodged therewith for an order for the production of the certificate; or an application is lodged under sub-rule 4 of this rule or rule 170 of these Rules. Where an 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.

(4)Where the Registrar is satisfied that a land certificate or certificate of charge is lost and has not been deposited for the purpose of creating a lien he may dispense with the production of such certificate and receive the instrument or application for registration. Before dispensing with the production of such certificate the Registrar may give such notice of the proposed registration and take such indemnity as he may deem necessary. 60 Dealings to be accompanied by prescribed fee. 60. Every application or instrument in respect of registered property sent to or lodged in the Registry shall be accompanied by the prescribed fee. 61 Priority of dealings received for registration. 61.

(1)Save as is otherwise provided in these Rules, 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 or, in the absence of such direction, in such order as may be inferred from the applications and instruments. 62 Notice in register of pending registration.

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. 63 Date of registration.
Except as otherwise provided by statute, or as provided in rules 51, 65

(3)and 191, registration shall be completed as of the day on which the instrument or application is received for registration. 64 Registrar may refuse registration or may require amendment of instrument or application in certain cases. 64.

(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 refers to matters which are not the subject of registration under the Act, 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 lodgement 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 re-delivered to him. 65 Amendment of instrument and priority of amended instrument. 65.

(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 or not it was originally executed by them.

(3)On re-delivery at the Registry, the instrument shall be entered for the purpose of the registration applied for as of the date and priority of the re-delivery. 66 Adjudication of sufficiency of stamp on instrument. 66.

(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 instrument is sufficiently stamped, the instrument may be returned to the solicitor for the purpose of procuring such evidence and the entry of the instrument for registration may be made or continued. If such instrument is subsequently, within the time fixed, lodged, with the evidence that it is sufficiently stamped, registration shall be completed as of the date of the lodgement of the original application.

(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. 67 Registration of a tenant in common. 67. 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. 68 Registration of trustee owner. 68. Where an applicant for registration is a trustee, he may have entered in the register on the completion of the registration an inhibition to restrict registrations under dispositions that are unauthorised by the trust. Transfers 69 Forms of transfer. 69. A transfer shall be made by an instrument in one of the forms of transfer in the Schedule of Forms. 70 Subdivision of property subject to restrictions. 70. An application for registration, on a sub-division of property which is subject to a statutory restriction against sub-division without the consent of the Land Commission, shall be accompanied by— (

a)the consent of the Land Commission to the sub-division; (
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— (
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 conditions of the compliance with which the Land Commission must be satisfied, (
ii)the consent of the necessary parties to the consolidation of the property with any other property, if such consolidation is required by the Land Commission; (
c)The plan of the property drawn on the current largest scale map published by Ordnance Survey referred to in such consent. If the subdivision is effected by transfer, the deed of transfer may be in Form 22. 71 Registration of transferee who is a trustee. 71. Where a transfer is made to a transferee who is a trustee of the property transferred, he may have entered in the register on the completion of the registration an inhibition to restrict registrations under dispositions that are unauthorised by the trust. 72 Registration under a transfer or vesting order on sale in execution of order of court. 72.

(1)A transfer on sale by a registered owner (or by his personal representative or by a person appointed in that behalf by the court) in execution of a decree, judgment or order of a court, or a vesting order on sale in pursuance of such a decree, judgment or order, shall be accompanied by— (

a)an office copy of the order of the court directing the sale of the property, (
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 incumbrances, (
c)where the 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 relevant documents referred to at sub-paragraphs (a), (b) and (c), the Registrar may cancel such charges, judgment mortgages and other burdens in the register of the property comprised in the transfer that appear no longer to affect the property sold. 73 Effect of covenant to pay rent or indemnify may be noted in register. 73. On a transfer of property subject to an existing rent or to a burden appearing in 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. 74 Registration of purchaser from personal representative of owner discharged from judgment mortgage on interest of beneficiary. 74.

(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 for cancellation of 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 on the intestacy of the deceased owner or under section 111 of the Succession Act, 1965 .

(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 provision of rule 121 shall apply, mutatis mutandis, to such application and notice. 75 Registration under a settlement. 75. On a transfer by way of settlement [other than a transfer to which subsection

(3)(inserted therein by section 54 of the Succession Act, 1965 ) of section 61 of the Act applies], no person shall be registered as limited owner thereunder without service of notice of the application for his registration on 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. 76 Registration under grant reserving rent. 76. 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. 77 Registration of companies. 77.

(1)A company within the meaning of the Companies Act, 1963 , 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 disposition 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.

(4)On a disposition by a company where the seal appears to have been affixed in the presence of and attested by the secretary, deputy secretary or a member of the board of directors of the company, the Registrar shall be entitled to assume that the deed was duly executed by the company. 78 Registration under transfer over-reaching estate or interest of registered owner. 78.

(1)Where, in a case to which section 60 of the Act applies, the ownership of registered property passes to another person under a disposition in defeasance of the estate or interest of the registered owner, then, 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— (

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 83, 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; (
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; (
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 rule 84, 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 or interest of registered owner. 79.

(1)The notice of an application for registration in defeasance of the estate or interest of a registered owner referred to in section 60 of the Act shall not be given where the estate or interest is overreached 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 registered full owner, or, in the case of a charge or burden, of a deceased registered owner, to an application for registration under the said section 60 in cases other than those specified in paragraph

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

a)to the personal representative or, (
b)where there is no personal representative, to the person or persons claiming to be entitled, whether under the will of the deceased, on his intestacy or under section 111 of the Succession Act, 1965 .

(3)Where the registered owner is a limited owner, registration on an application under the said section 60 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— (

a)to the limited owner, if living, and (
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 the settlement, as the Registrar may direct.

(4)The applicant for registration shall furnish to the Registrar the particulars necessary for the service of the notices prescribed by this rule. 80 Cancellation of burdens on transfer overreaching the estate or interest of registered owner. 80.

(1)On the registration of an owner under section 60 of the Act, otherwise than as provided by rule 72, the following registered burdens and notices shall be cancelled in the register— (

a)where the transfer is made by statute or in exercise of a statutory power, the burdens and notices from which the property would be discharged by the statute or the exercise of the statutory power, if the property were unregistered; (
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; (
c)where the transfer is made by a vesting order of a court or by 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 overreaching the estate or interest 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 trustees or assignees of bankrupt owner; and re-registration of the owner 82.

(1)The assignees in bankruptcy of a registered owner who has been adjudicated a bankrupt may be registered as owners in his place, or, where he is a registered limited owner, as assignees of his estate or interest, on production in the Registry of an office copy of the certificate of the vesting of the estate and effects in the assignees, endorsed as prescribed by this rule.

(2)The trustee of a bankrupt registered owner appointed under 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 or interest, on production in the Registry of an office copy of the certificate under section 90 of the said Act of 1872, endorsed as prescribed by this rule.

(3)The trustees of an arranging debtor who is a registered owner and has had a resolution or agreement approved and confirmed by the court under sections 347 and 349 of the Irish Bankrupt and Insolvent Act, 1857, may be registered as owners in his place or, where he is a registered limited owner, as assignees of his estate or interest, on production in the Registry of an office copy of the order of the court approving and confirming the resolution or agreement, endorsed as prescribed by this rule.

(4)A person (other than the Official Assignee in Bankruptcy) 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.

(5)A bankrupt whose trustee, appointed under the Bankruptcy (Ireland) Amendment Act, 1872, or 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 or trustee as assignees of his limited estate or interest may be cancelled, on production in the Registry of the revesting deed.

(6)An arranging debtor whose trustees 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 trustees as assignees of his limited estate or interest may be cancelled, on production in the Registry of an office copy of the order of the court under section 65 of the said Act of 1872, endorsed as prescribed by this rule.

(7)Every order, certificate, resolution or agreement or office copy thereof, 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. Where the application is for the re-registration of the person who was the bankrupt or arranging debtor, it shall be accompanied by, in the case of a bankruptcy, the revesting deed or, in the case of an arrangement, an office copy of the order of the court under section 65 of the said Act of 1872 or, where applicable, the written consent of the trustee to the re-registration. 83 Registration of transferee of local authority under section 6 of the Small Dwellings Acquisition Act, 1899, s. 11

(2)of the Housing (Loans and Grants) Act 1962 , or sections 39

(5)or 107

(6)of the Housing Act, 1966 . 83. 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, or under regulations made under section 11

(2)of the Housing (Loans and Grants) Act, 1962 , or under section 39

(5)or 107

(6)of the Housing Act, 1966 , no evidence shall be required of the breach of any of the statutory conditions specified in section 3 of the Small Dwellings Acquisition Act, 1899), or in such regulations or of the happening of any event giving rise to the power of the local authority to sell. 84 Registration of local authority under section 5 of the Small Dwellings Acquisition Act, 1899, section 11

(4)of the Housing (Loans and Grants) Act, 1962 , section 24 of the Labourers Act, 1936 , or sections 39

(5)or 107

(6)of the Housing Act, 1966 . 84. 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 11

(4)of the Housing (Loans and Grants) Act, 1962 , or under section 24 of the Labourers Act, 1936 , or under section 39

(5)or 107

(6)of the Housing Act, 1966 , in defeasance of the estate or interest of its registered owner, shall be made on an application by the solicitor to the local authority in Form 33. No evidence, other than the certificate therein contained, shall be required of the possession of the property by the local authority. 85 Registration of dispositions of recorded property. 85.

(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 a 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. 86 Registration of new trustees of friendly society. 86.

(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 in 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 before the 1st day of June, 1959,of a registered full owner of freehold property that did not vest in his personal representative 87 Application for registration by a devisee of freeholds. 87.

(1)An application for registration as owner by a devisee or a successor in title of an unregistered devisee of a registered full owner of freehold property that did not vest in the personal representative of the owner shall be in Form 34.

(2)Where the will under which the applicant claims charges the property with the payments of debts or contains a general charge on it for legacies that are payable primarily out of the general personal estate, registration shall not be made except with the concurrence of the testator's personal representative or after notice to him; provided that the Registrar may dispense with such concurrence or notice when he is satisfied that, by reason of lapse of time or otherwise, no claim by the personal representative subsists.

(3)Notice to the personal representative shall be in Form 35. 88 Application for registration by heir, widow or husband. 88.

(1)An application for registration as owner by the person entitled as heir, widow or husband, on the death intestate of a registered full owner of freehold property that did not vest in the personal representative of the owner, shall be in Form 36.

(2)The application shall be accompanied by— (

a)the letters of administration granted on the death of the owner, or an office copy thereof, or, if a grant has not been obtained, evidence to satisfy the Registrar of the death and intestacy; (
b)if the applicant claims as heir, a pedigree verified by a member of the family, accompanied by certificates or other sufficient evidence of the marriages, births and deaths stated in the pedigree; (
c)if the applicant claims under the Intestates' Estates Act, 1890, or the Intestates' Estates Act, 1954 , evidence that the owner left no issue and that the net value of his real and personal estate did not exceed £500 or, if the death occurred after the 1st June, 1954, £4,000, as the case may be; (
d)if the applicant claims as tenant by the curtesy, evidence that there was issue capable of inheriting and born alive. Transmission on death occurring before the 1st day of June, 1959, of (
a)a registered full owner of property that vested in his personal representative under Part IV of the Registration of Title Act, 1891 and (
b)a registered full owner of a leasehold interest 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 37 except where he is the sole personal representative and sole devisee of the property.

(2)An application by a devisee for registration as owner under the assent shall be in Form 38, 39 or 40.

(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 two or more devisees who are his personal representatives shall be in Form 41 or 42.

(4)An application under this rule 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 43 or 44.

(2)On an application for registration as owner under such a transfer, there shall be lodged an affidavit by the personal representative in Form 45 relative to the burdens and other rights created by the will of the testator together with the probate or letters of administration with will annexed or an office copy thereof. 91 Application for registration by a person other than the personal representative entitled on intestacy.

An application for registration as owner by a person entitled to property of an intestate registered full owner or by a successor in title of such person shall, where he is not the sole personal representative, be made by presenting a transfer of the property to him from the personal representative. The transfer may be in Form
There shall be lodged with the transfer an affidavit by the personal representative in Form 45 relative to the persons who became 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 entitled on intestacy.
An application for registration as owner by a person who claims to be entitled to property of an intestate registered full owner that is vested in him as the personal representative of such owner shall be in Form
93 Power of Registrar on a registration on transmission on death.
On an application for registration as owner by a devisee or other person entitled to the property of a deceased registered full owner who died prior to the 1st June, 1959, 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— (a) shall be entitled to assume that the personal representative acted correctly and within his powers in making the transfer, assent or other disposition, in the absence of any evidence to the contrary in the disposition or any document lodged therewith for the purposes of the registration applied for; (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 application for a stay of the registration by any person served with a notice, he shall have all the powers conferred by rule 134

(3)and

(4)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 notwithstanding that the applicant has not applied for the entry of an inhibition. Transmission on death of a registered full owner of property where the death occurs on or after the 1st day of June, 1959 94 Assent by personal representative on death testate to registration of person entitled ; application of person entitled for registration. 94.

(1)An assent by a personal representative to the registration of a person who claims to be by law entitled to the property of a deceased registered full owner who died testate shall be in Form 48 or 49 except where the personal representative claims to be entitled to the property.

(2)An application by a person who claims to be by law entitled to the property of a deceased registered full owner who died testate shall be in Form 50, 51 or 52.

(3)An application for registration as owner by personal representative claiming to be entitled to property on the death testate of a registered full owner shall be in Form 53 or 54.

(4)The application shall be accompanied by the probate or letters of administration with will annexed or an office copy thereof. 95 Transfer by personal representative on death testate to person entitled. 95.

(1)A transfer of property to a person who claims to be by law entitled to the property of a deceased registered full owner who died testate by the personal representative shall be in Form 55 or 56.

(2)The application for registration under such transfer shall be accompanied by the probate or letters of administration with will annexed or an office copy thereof. 96 Application for registration by a person, other than the personal representative entitled on intestacy. 96.

(1)An application for registration as owner by a person who claims to be by law entitled to property of an intestate registered full owner shall, where he is not the sole personal representative, be made— (

a)by presenting an application in Form 59 or 60 accompanied by an assent of the personal representative of such owner in Form 57 or 58 or (
b)by presenting a transfer of the property to him from the personal representative. The transfer shall be in Form 61 or 62.

(2)The application shall be accompanied by the letters of administration or an office copy thereof. 97 Application for registration by personal representative entitled on intestacy. 97.

(1)An application for registration as owner by a personal representative who claims to be entitled to property of an intestate registered full owner shall be in Form 63.

(2)The application shall be accompanied by the letters of administration or an office copy thereof. Transmission on death of owner of charge or other burden 98 Application for registration on death of registered owner of charge or other burden.

On the death of the registered owner of a charge or other burden, an application for registration as owner by a person claiming to be entitled on his death testate or intestate shall be made on the evidence prescribed for 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. Note of death of registered owner 99 Note of death of registered owner
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 lodgement in the Registry of the original or an office copy of the 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 100 Application for registration of successor of limited owner 100.

(1)On the determination of the estate or interest of a limited owner, an application for registration by a person claiming under the settlement shall be in Form 64 or 65, as the case may require. Where Form 65 is appropriate and the settlement is created by will, the original or an office copy of the will and probate or letters of administration with will annexed shall be lodged. Where Form 64 is appropriate, the assent or transfer already filed in the Registry under which the limited owner was registered shall suffice.

(2)Save in cases where Form 64 is appropriate, the applicant shall not be registered except with the concurrence of the trustees (if any) of the settlement (whether trustees for the purposes of the Settled Land Acts or not) or after notice to them.

(3)The application may also be made by the trustees of the settlement in Form 64 or 65, as the case may require, wit

🔗 To official source

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.