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S.I. No. 483/2012 - Land Registration Rules 2012.

S.I. No. 483/2012 - Land Registration Rules 2012. 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.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2012 S.I. No. 483/2012 - Land Registration Rules 2012. S.I. No. 483/2012 - Land Registration Rules 2012. AmendmentsLeasuithe Download PDF Íoslódáil PDF CONTENTS Subject Matter Rule Premlinary Commencement 1 Interpretation 2 PART 1 The Registers and the Registry Offices Form and contents of registers 3 Manner of registration 4 Revision of folios of registers 5 Formal alterations of register and cancellation of determined entries 6 Correction of errors 7 Description of property 8 Indexes 9 Closing of register in respect of charge 10 PART 2 Applications for Registration Applications for registration 11 Applications not in order 12 Additional evidence and enquiries 13 PART 3 First Registration, Conversion of Possessory and Qualified Titles and other Registrations involving Examinations of Title of Persons to Unregistered Interests in Registered Property 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 Minister for Agriculture, Food and the Marine for registration with possessory title 20 Application by local authority under statutory powers for first registration of purchaser 21 Documents to be lodged on registration procured by the Minister for Agriculture, Food and the Marine 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 Apartment, flat, floor, cellar, tunnel, mines and minerals, soil, subsoil, attic, airspace or foreshore 29 Form of caution against first registration and affidavit in support of it 30 Time for objection and form of notice on cautioner 31 Conversion of title Application where ownership registered 30 years 32 Application where ownership registered 12 years under transfer for value 33 Application where property acquired on sale or by a statutory authority and value does not exceed €1,000,000 34 Other applications for conversion of possessory title 35 Examination of title to interests protected by registration with a possessory title 36 Conversion of registered title in cases under Section 50

(2)of the Act 37 Notice, advertisement and enquiries before such conversions 38 Application for conversion of qualified title 39 Notice of intended conversion to be given 40 How burdens ascertained entered on conversion 41 How register made conformable with titles ascertained 42 Where deeds are deposited to create a lien 43 Other examinations of title outside register 44 Title acquired by possession to registered property Title to registered property acquired by possession 45 Acquisition of easements and profits by prescription Acquisition of easements and profits by prescription 46 General provisions relative to first registration and applications requiring an examination of title of unregistered interests Form of affidavit of discovery 47 First registration of tenants in common 48 First registration of trustee owner 49 Notice to be given of proposed registration 50 Date of registration 51 PART 4 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 instrument by attorney 55 Identification of part of registered property transferred 56 Presentation of dealing for registration 57 Priority of dealings received for registration 58 Notice in register of pending registration 59 Date of registration 60 Amendment of instrument and priority of amended instrument 61 Stamp certificate issued by Revenue Commissioners 62 Registration of a tenant in common 63 Registration of trustee owner 64 Application by registered owner for amendment of folio 65 Application for registration of trustees 66 Transfers Forms of transfer 67 Form of lease 68 Registration of transferee who is a trustee 69 Registration under a transfer or vesting order on sale in execution of order of court 70 Effect of covenant to pay rent or indemnify may be noted in register 71 Registration of purchaser from personal representative of owner discharged from judgment mortgage on interest of beneficiary 72 Registration under grant reserving rent 73 Registration of companies 74 Registration under transfer over-reaching estate or interest of registered owner 75 Notice of application for registration under transfer over-reaching estate or interest of registered owner 76 Cancellation of burdens on transfer over-reaching the estate or interest of registered owner 77 Notice of cancellation of burdens on transfer over-reaching the estate or interest of registered owner 78 Registration of transfer under power of sale 79 Registration of trustees or assignees of bankrupt owner and re-registration of the owner 80 Registration of transferee of local authority under statute 81 Registration of local authority under statute 82 Registration of dispositions of recorded property 83 Registration of new trustee of friendly society 84 Transmission on death Application for registration where registered owner died prior to 1st June 1959 85 Applications for registration where registered owner diedon or after 1st June, 1959 Assent by personal representative(
  1. s)on death testate to registration of person entitled; application of person entitled for registration 86 Transfer by personal representative(
  2. s)on death testate to person entitled 87 Application for registration by a person, other than the personal representative, entitled on intestacy 88 Application for registration by personal representative(
  3. s)entitled on intestacy 89 Application for registration on death of person entitled to but not registered as owner 90 Transmission on death of owner of charge or other burden 91 Note of death of registered owner 92 Application for registration of successor of limited owner 93 Application for registration by survivor or survivors of joint tenants 94 Court orders & burdens generally Registration pursuant to court order 95 The assent to registration of burdens that is to be given by persons other than the owner 96 How assent to registration of burden is to be given 97 How burden may be entered 98 Note in register where statutory priority for burden claimed 99 Instrument creating two or more burdens and priority thereof 100 Evidence on which a burden may be cancelled or modified 101 Application for cancellation of charge by electronic means 102 Application for cancellation of Property Adjustment Order 103 Where burden may be cancelled as extinguished 104 Charges Forms of charge, transfer of charge and release 105 Registration of charge created by a company 106 Crystallised charge as burden 107 Sub-charges 108 Dealing with mortgage created prior to first registration where registered 109 Judgment mortgages Registration of judgment mortgage 110 Evidence on registration of judgment mortgage 111 Notice of registration of judgment mortgage 112 Application to cancel entry of judgment mortgage on grounds of invalidity 113 Cancellation of entry of judgment mortgage validly registered 114 Other burdens Lease 115 Power to charge and trust to secure money 116 Lien for unpaid purchase money 117 Judgment or order of court 118 Lis pendens 119 Recognisances, bonds and judgments 120 Easement or profit á prendre 121 Cautions and inhibitions against registration of dispositions Form of caution, affidavit or certificate in support and notice 122 Warning notice to cautioner 123 Application by registered owner for discharge of caution 124 Procedure on appearance by cautioner to a warning notice 125 Withdrawal of caution or consent of cautioner to dealing 126 Lapse of caution 127 Form of inhibition 128 Entry of inhibition on consent 129 Application for inhibition where there is no consent 130 Procedure on application for inhibition 131 Procedure on objection to inhibition 132 Modification or discharge of registered inhibition 133 Application in anticipation of dealing inhibited without Authority’s order or approval 134 Procedure on lodgment of dealing inhibited without notice to specified persons 135 Inhibition under order of court 136 Other entries Entry of notice of burdens that affect without registration 137 Entry of notice of exemption from burden under Section 72
(2)of the Act 138 Entry of conclusiveness of a boundary of property 139 Entry of boundary ascertained by Land Judges conveyance 140 Entry of boundary by agreement 141 Settlement of boundary on transfer 142 Removal of description of infancy 143 Entry in register on conversion of a registered renewable lease 144 Limited Ownership 145 PART 5 Miscellaneous Registry maps Form of Registry maps 146 Contents of Registry maps 147 Minors & persons of unsound mind Persons who may represent minors 148 Appointment of person to represent a minor 149 Appointment of person to represent person of unsound mind 150 Deeds and documents Lodgment of documents subject to lien 151 Documents that are to be retained in Registry and that may be delivered 152 Delivery of documents relating to unregistered property 153 Endorsement of documents delivered 154 Delivery of documents to solicitor for production in court or taxation purposes 155 Transmission of documents to court 156 Application for transmission of document to a County Registrar 157 County Registrar custodian of document transmitted 158 Inspection of filed documents and obtaining copies thereof 159 Searches in the registers and registry maps Official search 160 Priority entry 161 Effect of priority entry 162 Priority where two or more priority entries are made 163 Solicitor or other person not liable for error in official search 164 Searches by public 165 Proceedings in the Registry Proceedings not to abate 166 Evidence in proceedings 167 Affidavits and statutory declarations in proceedings 168 Form of notices issued 169 Service of notices 170 Every notice served 171 Procedure on return of notice sent by post 172 Personal service of notice, summons or order 173 How questions determined 174 Summons by Authority 175 Powers of Authority under Sections 16 and 94 of the Act 176 Costs of proceedings before Authority 177 Enforcement of order for costs 178 Recording of decisions of Authority 179 Procedure on Appeals to Court 180 Reference of questions to court 181 General powers of Authority 182 Power to treat proceedings as abandoned 183 PART 6 Compensation Payable out of the Central Fund To whom application for compensation is to be made 184 Contents of application for compensation 185 PART 7 Registrations in the Register maintained under Section 8(b) of the Act and Exchanges of Holdings under Section 46 of the Land Act, 1923 Rights in land which may be registered 186 Incorporeal hereditaments held in gross 187 Application of the Act to incorporeal hereditaments held in gross 188 Application of the Act to rights other than incorporeal hereditaments held in gross 189 Exchanges under Section 46 of the Land Act, 1923 190 Effect of registration on exchange 191 Registration with possessory title 192 Notices to be given 193 Schedule of Forms Form Subject Matter First registration, title by possession etc Form 1 Application for first registration of freehold property Form 2 Application for first registration of leaseholds and of rights (other than incorporeal hereditaments held in gross) Form 3 Application for first registration where purchase money or compensation does not exceed €1,000,000 Form 4 Application by the Minister for Agriculture, Food and the Marine under Section 26
(1)of the Act for first registration with possessory title Form 5 Application for first registration where title is based on possession Form 6 Application for registration where title is based on possession of registered land only Form 7 Caution against first registration Form 8 Affidavit of interest in support of caution against first registration, to be endorsed on caution Form 9 Warning notice to cautioner of application for first registration Dealings with registered property Conversion of possessory title Form 10 Application for the conversion of possessory title (property purchased under Land Purchase Acts) Form 11 Application for the conversion of possessory title (property purchased under Land Purchase Acts) where the title to the tenancy existing prior to first registration has not been investigated by counsel Form 12 Application for the conversion of possessory title (property purchased under Land Purchase Acts) where the title to the tenancy existing prior to first registration has been investigated by counsel Form 13 Application for the conversion of possessory title (property purchased under Land Purchase Acts) on a certificate of solicitor where the compensation, purchase money, does not exceed €1,000,000 Form 14 Application for conversion of possessory title (property not purchased under the Land Purchase Acts and where lodged with a transfer for value or other disposition for value) or for the conversion of a qualified title Form 15 Application for conversion of possessory title (property not purchased under the Land Purchase Acts and where not lodged with a transfer for value or other disposition for value) Form 16 Affidavit of discovery Applications for registration Form 17 Application for registration of ownership or other entries Form 18 Notice to registered owner of application by personal applicant Transfers Form 19 Transfer of property by a registered owner Form 20 Affidavit of attesting witness Form 21 Transfer of part of property by a registered owner Form 22 Transfer of part of property (building estate) by a registered owner Form 23 Voluntary transfer of freehold property by a registered owner with a power of revocation Form 24 Transfer of property by a registered owner of a charge in exercise of a power of sale Form 25 Notice to registered owner of registration of transfer under a power of sale Form 26 Notice of cancellation of a puisne burden on a power of sale under Section 62
(10)of the Act Form 27 Notice to the registered owner of a transfer over-reaching the estate or interest of the registered owner under Section 60 of the Act Form 28 Notice of cancellation of a burden on transfer over-reaching the estate or interest of the registered owner Form 29 Transfer of property to trustees Form 30 Transfer of freehold property by a registered owner creating rights in favour of himself/herself and others Form 31 Lease of registered land Form 32 Application by a local authority to be registered as owner of property vested in it under statute Transmissions Form 33 Application for registration where the registered owner died prior to 1st June, 1959 Form 34 Affidavit by personal representative(
  1. s)of a registered owner relative to, burdens or other rights created by the will of the testator, or, relative to the persons by law entitled to the property on the intestacy in case of death prior to 1st June, 1959; or,Affidavit by personal representative(
  2. s)where a person died entitled but not registered as owner in the case of a death on or after the 1st June, 1959 Form 35 Assent by personal representative(
  3. s)to the registration of a person entitled as owner where a registered owner died testate on or after the 1st June, 1959 Form 36 Application by a person, who claims to be entitled to be registered as owner on the assent of the personal representative(s), where a registered owner died testate on or after the 1st June, 1959 Form 37 Application by trustees for registration as owners of property on the assent of the personal representative(
  4. s)where a registered owner died testate on or after the 1st June, 1959 Form 38 Application for registration by personal representative(
  5. s)who claims to be entitled to be registered as owner where a registered owner died testate on or after the 1st June, 1959 Form 39 Application by one or more personal representatives to whom property is devised as trustees on the death testate of a registered owner on or after the 1st June, 1959 Form 40 Transfer by the personal representative(
  6. s)to a person entitled to be registered as owner where a registered owner died testate on or after the 1st June, 1959 Form 41 Assent by personal representative(
  7. s)to the registration of a person entitled as owner where a registered owner died intestate on or after the 1st June, 1959 Form 42 Application for registration by a person who claims to be entitled to be registered as owner where a registered owner died intestate on or after the 1st June, 1959 Form 43 Transfer by personal representative(
  8. s)to a person entitled to be registered as owner where a registered owner died intestate on or after the 1st June, 1959 Form 44 Application for registration by personal representative(
  9. s)who claims to be entitled to be registered as owner on the death intestate of a registered owner on or after the 1st June, 1959 Form 45 Application for registration as owner by a person entitled on the determination of the estate or interest of a registered limited owner Form 46 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 45 is not appropriate Form 47 Application for registration by surviving joint tenant(
  10. s)Charges and cancellations Form 48 Assent to the registration of a burden Form 49 Charge for a principal sum Form 50 Charge for future advances Form 51 Charge for present and future advances Form 52 Specific charge for present and future advances arising on the creation of a commercial mortgage or debenture Form 53 Charge by personal representative for moneys that he/she is liable to pay as personal representative Form 54 Application for registration of a crystallised floating charge Form 55 Entry of crystallised charge to be made in the register Form 56 Transfer of charge Form 57A Requisition for cancellation of a charge by its registered owner Form 57B Requisition for cancellation of a charge where its registered owner does not concur Form 58 Application in electronic form for cancellation of the entry of a charge Form 59A Application for cancellation of property adjustment order by solicitor Form 59B Application for cancellation of property adjustment order by the beneficiary of the order Form 59C Application for cancellation of property adjustment order by the parties to the proceedings Judgment mortgages and other burdens Form 60 Application for registration of a judgment as a judgment mortgage Form 61 Entry to be made in the register of a judgment as a judgment mortgage Form 62 Notice of the registration in the Registry of a judgment as a judgment mortgage Form 63 Requisition by a judgment creditor for the cancellation in the register of an entry of a notice of deposit of an affidavit of judgment as a mortgage or an entry of judgment mortgage Form 64 Requisition for registration of a lis pendens as a burden Form 65 Entry of lis pendens in the register Form 66 Entry of recognisance in the register Form 67 Grant of a right of way by a registered owner of property for the benefit of other registered property Form 68 Application for registration of an easement or profit à prendre acquired by prescription Form 69 Notice of application for registration of an easement or profit à prendre acquired by prescription Cautions and inhibitions Form 70 Requisition for caution against dealings by a registered owner Form 71 Affidavit in support of caution Form 72 Notice to registered owner of entry of caution Form 73 Warning notice to cautioner of dealing lodged Form 74 Warning notice to cautioner of an application by the registered owner to cancel a caution Form 75 Application by cautioner for withdrawal of caution Form 76 Application to the Authority for the entry of an inhibition in a register Form 77 Forms of inhibition Form 78 Notice of an application for the entry of an inhibition Form 79 Application to the Authority for the cancellation or modification of an inhibition on consent Form 80 Application to the Authority for the cancellation or modification of an inhibition, where parties do not consent Miscellaneous Form 81 Notice of lodgment of deeds in the Registry subject to a lien thereon Form 82 Application for the transmission of a filed instrument to a County Registrar for production in court Form 83 Application by registered owner for amendment of name, address or description of registered owner Form 84 Notice of rectification of error in registration Form 85 Entry to be made in the register pursuant to Rule 145 Form 86 Application for registration of trustee(
  11. s)who is(are) entitled to be registered as owner(
  12. s)of registered land by virtue of the Act of 2009 Form 87 Summons to attend before Property Registration Authority Searches Form 88 Requisition for official search in the names index Form 89 Requisition for official search for the registration of the ownership registered in the registers maintained under Section 8(
  13. a)and (
  14. b)of the Act Form 90 Requisition for official search in a register for entries since first registration Form 91 Certificate of result of official search in names index Form 92 Certificate of result of official search for the registration of the ownership of specified property or for entries in a register Priority entries Form 93 Application for registration of priority entry pursuant to Section 108 of the Act Form 94 Notice of application for registration of a priority entry pursuant to Section 108 of the Act Form 95 Entry to be made pursuant to Section 108 of the Act Instruments Form 96 Application to inspect or obtain a copy of an instrument under Rule 159 of the Land Registration Rules Form 97 Notice of application to inspect (or obtain a copy) instrument Compensation Form 98 Application for compensation out of the Central Fund under Section 120 of the Act S.I. No. 483 of 2012 LAND REGISTRATION RULES, 2012 Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 7th December, 2012. The Land Registration Rules Commencement 1. These Rules may be cited as the Land Registration Rules 2012 and shall come into operation on the 1st day of February, 2013. The Land Registration Rules 1972 to 2011 are hereby rescinded. 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 2006” means the Registration of Deeds and Title Act 2006 ; and words or expressions defined in the Act have the same meaning as in the Act, where the context so admits; “the Act of 2009” means the Land and Conveyancing Law Reform Act 2009 ; “the Acts” means the Registration of Deeds and Title Acts 1964 and 2006; “the Authority” means the Property Registration Authority; “the Registry” means the Land Registry; “application map” means; (
  1. a)a map in paper form or in electronic form issued by the Authority, (
  2. b)such other map in paper form or electronic form as the Authority may allow, on which is identified, in such manner as the Authority may direct, a property the subject of an application for registration; “folio” means a constituent part of a register, containing individual ownership details; “Form” or “Forms” means a form or the forms in the Schedule of Forms; “legal opinion” means the opinion of a practising barrister or practising solicitor; “local authority” includes a county council, city or borough council, town council and any public body or person established by or in pursuance of any statute to perform any of their functions; “lodged by hand” means lodgment of an application in person at a Public Office of the Registry, during the hours the Registry is open to the public; “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 and Equality by order under Section 14 of the Act or Section 21 of the Act of 2006; “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.
(2)The Interpretation Act 2005 , 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 1 The Registers and the Registry Offices Form and contents of registers 3.
(1)The registers shall consist of information required by the Acts and these Rules to be recorded in respect of each ownership registered under the Acts.
(2)Each ownership registered shall be identified by a distinguishing number to be called the folio or title number.
(3)The registers shall be maintained in paper or electronic form or partly in one form and partly in the other form.
(4)The registers shall be maintained in Irish or English or partly in one language and partly in the other language.
(5)Where a register or any part of it is in paper form, the information shall be recorded on a folio or folios which shall be in three parts.
(6)There shall be entered in the first part of a folio- (
  1. a)a description of the property the ownership of which is registered, with a reference to the plan on the registry maps of the land affected; (
  2. b)a description of any part of the property which is transferred to another folio; (
  3. c)such information as is authorised by the Acts or these Rules relative to; (
  4. i)easements and rights for the benefit of the property; (
  5. ii)the inclusion of mines and minerals in, or their exclusion from, the property; (iii) the boundaries of the property.
(7)There shall be entered in the second part of a folio- (
  1. a)the name of the owner of the property and his/her address in the State for service of notices; (
  2. b)such information as is necessary relative to- (
  3. i)the classes of titles that are registered pursuant to Sections 33 or 40 of the Act; (
  4. ii)the devolution of the property; (iii) the matters referred to in Section 91 of the Act; (
  5. c)cautions and inhibitions restricting the registration of dispositions of the property; (
  6. d)a note under Section 61
(6)(b) of the Act of the death of the registered owner and of the names of his/her personal representative(s).
(8)There shall be entered in the third part of a folio- (
  1. a)the burdens the registration of which is authorised by Section 69 of the Act; (
  2. b)the ownership of a registered charge, where it is not registered in the register maintained under Section 8(
  3. b)of the Act and, where the Authority permits, sub-charges on a registered charge and their ownership; (
  4. c)notice of the exemption from or existence of the burdens specified in Section 72 of the Act; (
  5. 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(
  6. b)of the Act.
(9)Where a register or any part of it is in electronic form it shall be capable of being reproduced in legible form in the same format as if it were in paper form.
(10)The information in respect of any particular ownership shall not be accessible during such period as- (
  1. a)may be required to update that information, (
  2. b)may arise as a result of force majeure, including unusual and unforeseen circumstances beyond the control of the Authority.
(11)All existing folios of the registers shall be revised in accordance with the foregoing provisions of this rule whenever the Authority considers such revision expedient. Manner of registration 4. Information recorded shall identify the particular property or interest in the property that it is intended to affect; and no information shall refer to a matter that is not authorised by the Acts or these Rules to be the subject of registration. Revision of folios of registers 5.
(1)The Authority, on an application by the registered owner or when it 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. It may, in doing so, make any rearrangement conducive to clarity, including the entry of the property in two or more folios, or the entry of the 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/her solicitor) of the revised folio number.
(2)Any person inspecting a revised folio of a register may inspect the closed folio or folios for which it is substituted or the preceding folio or folios or the record of it maintained in the Registry. Formal alterations of register and cancellation of determined entries 6. The Authority may, at any time, after such inquiries and notices (if any) as it may consider proper and upon such evidence as it shall consider satisfactory, make any formal alterations in a register or withdraw from a register by cancellation, any burden, notice or entry that it is satisfied no longer affects or relates to the property. Correction of errors 7.
(1)Where a clerical error is discovered in a register or registry map, the Authority may, after giving any notices and obtaining any evidence or assent that it may deem proper, make the necessary correction.
(2)Any other error in a register or registry map originating in the Registry may be corrected- (
  1. a)with the consent of the registered owner of the property (or his/her solicitor) which is affected by such error or correction and of such other persons as appear to the Authority to have an interest, or (
  2. b)after giving any notice, and obtaining any evidence or assent, as the Authority may deem proper. Notice shall be in Form 84. Description of property 8.
(1)The description of property in the registers shall be by reference to the names and denominations recorded by Ordnance Survey Ireland and may, where the Authority permits, include any other geographical or locational information.
(2)Neither the description of property in a register nor its identification by reference to a registry map is conclusive as to its boundaries or extent and a note to this effect shall be entered on the register.
(3)Where areas of property are recorded, such areas are not conclusive.
(4)The description of property shall be revised by the Authority from time to time and made conformable with the description on the registry map as and when revised. Indexes 9.
(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/her ownership is entered.
(3)The index of lands shall contain the identification references or seedpoints 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(
  1. b)of the Act, and a reference to the folio of the register in which the ownership is entered. Closing of register in respect of charges 10. A requisition by an owner of a charge registered in the register maintained under Section 8(
  2. 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/her solicitor and shall be accompanied by consents of all persons appearing from the register to have any interest in the charge. PART 2 Applications for Registration Applications for registration 11.
(1)Every application for registration sent, delivered or transmitted to the Registry for registration by a person or a solicitor shall be accompanied by- (
  1. a)the necessary documents to support the registration sought; (
  2. b)the prescribed fee; (
  3. c)a statement signed by him/her setting out- (
  4. i)the ownership or other entries for the registration of which he/she applies; (
  5. ii)the documents sent; (iii) the amount of Land Registry fees payable; (
  6. iv)where the application is by a solicitor, the names of all the parties to the transaction for whom he/she acts as solicitor.
(2)The statement shall be in Form 17.
(3)(
  1. a)The Authority may prepare, and cause to be promulgated, such forms and directions as it considers appropriate for the purpose of facilitating proceedings under the Acts. (
  2. b)Directions under sub-rule 3(
  3. a)may, for example, specify the characteristics (including shape, design, size, colour and quality) of the paper to be used for forms for any class of dealing or other matter, or the format of forms in electronic form, and the deviations from prescribed forms which are permitted or required to be made in connection with dealings or other matters of that class.
(4)(
  1. a)The Authority may require such evidence of the identity and permanent address of personal applicants for registration as it considers appropriate. (
  2. b)Where such applications for registration are made, it may serve notice on the registered owner if considered appropriate by the Authority. (
  3. c)The notice shall be in Form 18. Applications not in order 12.
(1)If an application is not in order, the Authority may raise such requisitions as it considers necessary, specifying a period within which the applicant must comply with the requisitions.
(2)If the applicant fails to comply with the requisition within that period or such further period as the Authority may permit, the Authority may treat the application as abandoned and cancel it.
(3)If the Authority considers the application to be substantially defective, it may reject it immediately or at any time thereafter. Additional evidence and enquiries
  1. If the Authority at any time considers that the production of any further documents or evidence or the giving of any notice is necessary or desirable, it may refuse to complete or proceed with the application, or to do any act or make any entry, until such documents, evidence or notices have been supplied or given. PART 3 First Registration, Conversion of Possessory and Qualified Titles, and other registrations Involving Examinations of the Title of persons to Unregistered Interests in Registered Property Applications for first registration
  2. Every application for first registration of ownership under the Act, except an application under Rules 17, 19
(3), 19
(4), 20
(1), 21 or 22, shall be by application in Form 1 or 2, as the case may require. 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 Authority otherwise directs, be accompanied by- (
  1. a)a concise statement of the title giving in chronological order a summary of the documents and the events and facts on which the applicants claim to the property is based, commencing with a root of title and which shall form part of Form 1; (
  2. b)all original deeds and all documents in the applicants possession, or under his/her control, relating to the title, including legal opinions, abstracts of title, contracts for and conditions of sale, searches, requisitions and replies, and other like documents, and the evidence by affidavit, statutory declaration, or otherwise, proving the facts stated and necessary to be proved to establish the title; (
  3. c)an application map, unless the application otherwise sufficiently identifies the property on the registry map; (
  4. d)a schedule in duplicate of all documents lodged with the application.
(2)Where the applicant, as authorised by these Rules, relies on legal opinion in support of his/her title, the statement of title required by this rule need not be lodged.
(3)The Authority shall not be on notice of any matter disclosed in any document lodged which bears a date prior to the date of the document identified as the root of title. Documents to accompany application for registration of ownership of leasehold interests and of rights other than incorporeal hereditaments held in gross 16.
(1)An application by the original lessee for registration with good leasehold title of the ownership of a leasehold interest, to which Rule 19
(3)or 19
(4)does not apply, shall, unless the Authority otherwise directs, be accompanied by the lease or grant and an application map, unless the application otherwise sufficiently identifies the property on the registry map.
(2)Except in cases to which sub-rule
(1)or Rule 19
(3)or 19
(4)applies, an application for registration with good leasehold title (where applicable), qualified title or possessory title of the ownership of a leasehold interest, shall, unless the Authority otherwise directs, be accompanied by- (
  1. a)a concise statement of the title giving, in chronological order, a summary of the documents and the events and facts on which the applicants claim to the leasehold interest is based, commencing with a root of title and which shall form part of Form 2; (
  2. b)all original deeds and all documents in the applicants possession, or under his/her control, relating to the title, including legal opinions, abstracts of title, contracts for and conditions of sale, searches, requisitions and replies, 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 to be registered; (
  3. c)an application map, unless the application otherwise sufficiently identifies the property on the registry map; (
  4. d)a schedule in duplicate of all documents lodged with the application.
(3)Where the applicant, as authorised by these Rules, relies on legal opinion in support of his/her title, the statement of title required by this rule need not be lodged.
(4)An application for registration with absolute title of the ownership of a leasehold interest, shall, unless the Authority otherwise directs, be accompanied by such documents as are required by this rule in respect of the leasehold interest, together with such documents and proof of the freehold estate and any intermediate leasehold interest as are required in an application for registration with absolute title of such estate and interests.
(5)An application for registration of the ownership of a right, other than an incorporeal hereditament held in gross, to which Rule 19
(3), 19
(4)or 22 does not apply, shall, unless the Authority otherwise directs, be accompanied by the following documents- (
  1. a)where the application is by or on behalf of the original grantee and registration with an absolute title is not required, the grant and an application map, unless the application otherwise sufficiently identifies the property on the registry map; (
  2. b)except in cases to which sub-paragraph (
  3. a)applies, the documents specified in sub-rule
(2)(a), (
  1. b)and (
  2. d)and where registration with title absolute is required, such documents and proof of the freehold estate and any intermediate estate or interest as are required in an application for registration with absolute title of such estate and interests.
(6)The Authority shall not be on notice of any matter disclosed in any document lodged which bears a date prior to the date of the document identified as the root of title. Application for first registration based on possession
  1. Where an application for registration of ownership of property is based on possession, or where the applicant has no documents of title in his/her possession or under his/her control in relation to such property, and the Authority 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 as the case may require. Examination of title
  2. Every title to property the subject of an application under Rule 14 or 17 shall be examined by or under the supervision of the Authority, who shall direct such searches, advertisements, notices and enquiries as it may deem necessary. It may in any case dispense with or modify the official examination of title, or it may accept what it considers to be a good holding title and take such indemnity as it 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. 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 15 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 Authority not to exceed €1,000,000 at the date of the application, the title to be shown by the applicant may commence 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 €1,000,000, the Authority may, if it thinks fit, register a title as absolute or qualified 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, and an application map.
(4)Where property is acquired by a statutory authority and the purchase money or compensation paid therefore does not exceed €1,000,000, the Authority may dispense with the official examination of the title and may register the statutory authority with absolute title or qualified title or good leasehold title on production of a certificate by the solicitor for such authority in Form 3 adapted as the case may require and an application map.
(5)Where the title of an applicant has been examined- (
  1. a)by the conveyancing counsel of a court on a sale or purchase of the property under an order of the court; or (
  2. b)by a practising barrister or solicitor on a sale or mortgage of the property, the Authority may dispense with, or modify as it 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 Authority that the title should be referred for legal opinion, the Authority may, with the consent and at the expense of the applicant, agree that the title be referred for legal opinion on any specific matter. The legal opinion may be furnished in Form 3, adapted as the case may require. Application by the Minister for Agriculture, Food and the Marine for registration with possessory title 20.
(1)An application by the Minister for Agriculture, Food and the Marine 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 an application map.
(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 Application by local authority under statutory powers for first registration of purchaser 21.
(1)An 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
(5)of that Act (as substituted by Section 26 of the Housing (Miscellaneous Provisions) Act,1992).
(3)An application for first registration under this Rule shall be accompanied by an application map. Documents to be lodged on registration procured by the Minister for Agriculture, Food and the Marine 22. When the Minister for Agriculture, Food and the Marine has acquired property under his/her statutory powers or sold property to a purchaser under the Land Purchase Acts on or after 31st March, 1999, the document to be transmitted by the Minister to the Authority for registration purposes 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 Minister 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 an application map. 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 Authority may direct, be transferred to the registers established by the Act.
(2)The Authority 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 under the Act of 1865 shall be closed and a reference made to the folio of the register to which the property has been transferred. Registration of recorded property 24. On the transfer of recorded property to a register under the Act- (
  1. a)all charges, incumbrances, leases and other rights on the record that are burdens within the meaning of Section 69 of the Act shall be entered as burdens in the register in their priority as recorded; (
  2. b)notice of the existence of any of the burdens specified in Section 72 of the Act that are on record shall be entered in the register. Entry of easement or profit à prendre as part of description of property registered 25.
(1)An easement or profit à prendre expressly granted as an appurtenance by a Land Judges conveyance or a Land Commission or Minister for Agriculture, Food and the Marine 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.
(2)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/she, or his/her solicitor on his/her behalf, may make written application to the Authority for such an entry to be made. The Authority may then, on production of satisfactory evidence of title and subject to the service of such notices (if any) as it may direct, enter such right in the register as appurtenant to the property. 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 Authority is not satisfied that the granting of an absolute or qualified title is warranted, it 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. 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. 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 or such ownership is not proved to the satisfaction of the Authority 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 Authority that the right to all or any of the mines or minerals is vested in the applicant, or in the registered owner, it 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. They shall then form part of the property described in the register of which the ownership is registered. Apartment, flat, floor, cellar, tunnel, mines and minerals, soil, subsoil, attic, airspace or foreshore 29.
(1)(
  1. a)Where the property comprised in an application for registration is part of a premises, or a cellar or tunnel, or mines and minerals, or an underground space apart from the surface, an application map shall be furnished of the surface under or over which the property to be registered lies together with such plans, sections and other description (if any) as the Authority 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. (
  2. 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 Authority may direct.
(2)On application for registration of title to the lowest floor of a multi-storey building or of a part thereof, the Authority shall presume, unless it is shown to the contrary, that the title does not extend to the soil or subsoil thereunder.
(3)On application for registration of title to the uppermost floor or structure of a multi-storey building or of a part thereof, the Authority shall presume, unless it is shown to the contrary, that the title does not extend to the attic or airspace thereover.
(4)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. Form of caution against first registration and affidavit in support of it 30.
(1)A caution requiring notice of an application for the first registration of the ownership of property shall be in Form 7.
(2)The affidavit of interest in support of the caution shall be in Form 8 and shall be made by the cautioner or his/her solicitor.
(3)A cautioner may at any time, in writing, signed by himself/herself or his/her solicitor, withdraw his/her caution or consent to a registration. Time for objection and form of notice on cautioner
  1. The time to be stated in the notice to be served on a cautioner under Section 96 of the Act, within which he/she may appear and oppose an application for first registration, shall be 21 days. The notice shall be in Form
  2. Conversion of Possessory and Qualified Titles Application where ownership registered 30 years
  3. Where the ownership of property purchased under the Land Purchase Acts has been registered for 30 years, the Authority may convert a possessory title into an absolute title on application by the registered owner or his/her personal representative in Form 10 with such modifications as the case may require. Application where ownership registered 12 years under transfer for value
  4. 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 Authority may, on lodgment of an application in Form 10, with such modifications as the case may require, convert the title into an absolute title. Application where property acquired on sale or by a statutory authority and value does not exceed €1,000,000 34.
(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 €1,000,000, the Authority may, on an application by the solicitor for the applicant certifying that he/she 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 13, with such modifications as the case may require. Other applications for conversion of possessory title 35.
(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 Authority so permits, the title to the tenancy- (
  1. a)may commence with a disposition made not less than 15 years prior to the date of the application; or (
  2. 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 11 or 12, with such modifications as the case may require, according as the applicant does or does not rely on legal opinion. Examination of title to interests protected by registration with a possessory title 36.
(1)In applications under Rule 35, the title shall be examined by or under the supervision of the Authority, 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 Authority may dispense with or modify as it thinks fit the official examination of title. In particular it may do so- (
  1. a)where the title has been examined for the prescribed period by a practising barrister or solicitor on the occasion of a disposition for valuable consideration, and his/her 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 (
  2. b)where, in the course of an investigation of title, there is a reference for legal 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 it considers to be a good holding title and taking such indemnity as it may deem necessary. Conversion of registered title in cases under Section 50
(2)of the Act 37.
(1)In a case to which Section 50
(2)(a) of the Act applies, the applicant shall lodge all the documents specified in that paragraph together with a Form 14, unless the Authority otherwise directs.
(2)In a case to which Section 50
(2)(c) of the Act applies, it shall not be necessary for the applicant to lodge the documents specified in Section 50
(2)(a).
(3)An application to convert a possessory title into an absolute title, in a case to which Section 50
(2)(
  1. a)of the Act does not apply, shall be in Form 15. Notice, advertisement and enquiries before such conversions 38. Before conversion of a possessory title in a case to which the foregoing rule applies, the Authority- (
  2. a)may serve such notices as it may consider necessary, including notices to owners of neighbouring property, who, it may have reason to think, may be entitled to enforce restrictive conditions affecting the property; (
  3. b)may, at the applicants expense (unless an order to the contrary is made by
  4. it)insert notice of the intended conversion in such publications (if any) as it may direct; (
  5. c)may make such enquiries on the property or elsewhere as it may consider necessary. Application for conversion of qualified title 39. 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 in Form 14. Notice of intended conversion to be given 40. Before the conversion of a possessory title consequential on an examination of title, the Authority shall, if it considers it necessary- (
  6. a)give notice of the intended conversion to the registered owner, if he/she is not the applicant for, or a consenting party to, the proposed conversion; (
  7. 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; (
  8. c)at the applicants expense, give such notice of the intended conversion, or of proposed entries or cancellation of entries consequential on the examination of title, as it may think proper. How burdens ascertained entered on conversion 41. On conversion of a possessory or qualified title, consequential on an examination of title under these Rules— (
  9. 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 Authority; (
  10. 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. How register made conformable with titles ascertained 42. Where it appears to the Authority, 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, it 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 it 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. Where deeds are deposited to create a lien 43.
(1)Where, on an application for conversion of a possessory or qualified title, a person who claims a lien by way of equitable mortgage created prior to first registration on a document in his/her possession is required by an applicant for conversion of title to produce the document at the Registry, or is required by the Authority to show cause why the document should not be produced, he/she may lodge it in the Registry subject to the lien.
(2)A person lodging a document under this rule subject to a lien created by its deposit shall lodge therewith a claim for the lien in Form 81 signed by himself/herself or his/her solicitor.
(3)The lien of a person lodging a document under this rule shall include the costs of its lodgment.
(4)No registration that may defeat or prejudice the lien shall be made until the lien, where admitted, is satisfied or provided for. Other examinations of title outside register 44. An application to examine the title of- (
  1. 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 (
  2. b)the grantor of a registered incorporeal hereditament of freehold property, for the purpose of noting that the registered title is converted to an absolute title, or (
  3. 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 (
  4. d)any person to a lease or sub-lease registered as a burden the ownership of which is not registered, for the purposes of having the burden cancelled or of having the ownership thereof registered, or (
  5. e)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, except that a map need not be lodged with the application. Title acquired by possession to registered property Title to registered property acquired by possession 45. Pursuant to Section 49 of the Act, any person claiming to have acquired a title by possession to registered property may apply for his/her registration as owner in Form 6 with such modifications as the case may require. The Authority 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. Acquisition of easements and profits by prescription Acquisition of easements and profits by prescription 46.
(1)Pursuant to Section 49A of the Act, any person claiming to be entitled to an easement or profit à prendre pursuant to Sections 33 to 38 of the Act of 2009, may apply for his/her registration of such right in Form 68 with such modifications as the case may require. The Authority, if satisfied that the relevant requirements of that Act have been met, and following service of notices on the servient owner, may cause, as appropriate, the claimed easement or profit à prendre to be entered as an appurtenance in accordance with Section 82 of the Act, as a burden pursuant to Section 69
(1)(jj) and, in the case of a profit à prendre in gross, to be entered in the register maintained under Section 8(b)(i).
(2)The notice shall be in Form 69.
(3)Where the dominant title of the applicant is not registered, the application must be accompanied by an application for first registration pursuant to Rules 14 to 19.
(4)Where the title of the servient owner is not registered, satisfactory evidence of title must be produced to the Authority. General provisions relative to first registration and applications requiring an examination of title of unregistered interests Form of affidavit of discovery
  1. An affidavit of discovery made pursuant to Section 93 of the Act shall unless an application form is prescribed that includes the relevant averments, be in Form
  2. Unless the Authority permits otherwise, the affidavit shall be made by the applicant. Where made by any person other than the applicant, the deponent shall state his/her means of knowledge. In the case of a corporate body, the affidavit may be made by the Secretary, Law Agent, or by a person duly authorised by that body where it is averred that the person is duly authorised and has the necessary means of knowledge. First registration of tenants in common
  3. Where it appears to the Authority from an examination of title that two or more persons are entitled to property as tenants in common, it shall ascertain and enter in the register the share of each person in the property. First registration of trustee owner
  4. Where an applicant for registration as owner or the registered owner, as the case may be, is a trustee, he/she 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. The inhibition may be as prescribed in Rule
  5. Notice to be given of proposed registration
  6. Unless the Authority otherwise directs, no registration consequential on an examination of title shall be completed until the applicant, and such other persons as the Authority may direct, have been notified of the registration proposed. Date of registration
  7. 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 4 Dealings with Registered Property General 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 Authority allows.
(2)Instruments for which no form is prescribed shall be in such form as the Authority shall direct or allow, the scheduled forms being followed as closely as circumstances will permit. Applications or instruments in improper form
  1. If it appears to the Authority 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, it may refuse registration or register subject to such modifications as it shall approve. Evidence of execution of instruments
  2. 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/her 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 Authority 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 Authority so requires. The affidavit of the attesting witness may be in Form
  3. Evidence of execution of instrument by attorney
  4. Where an application or instrument is executed by attorney, the power of attorney, or a certified copy made pursuant to Section 21 of the Powers of Attorney Act, 1996 or an attested copy made pursuant to Section 22 of that Act shall be produced to the Authority. Identification of part of registered property transferred 56.
(1)An instrument dealing with part of the property in a folio of the register shall be accompanied by an application map which shall be referred to in the instrument.
(2)An application map in paper form or in electronic form identifying the boundaries of two or more properties where each property is to be the subject of a separate registered title (a “scheme map”) may be approved by the Authority prior to lodgment of an application for registration.
(3)Where appropriate, the provisions of Rule 29 shall apply to such map. Presentation of dealing for registration 57.
(1)Applications for registration may be sent, delivered or transmitted to such office(s) or address(es) of the Authority as it may designate.
(2)Applications may be made by electronic means where the Authority is satisfied that appropriate arrangements are in place for dealing with such applications. Applications by electronic means shall be transmitted to such electronic address(es) as the Authority may designate for the receipt of such applications.
(3)Applications for registration may be made in person or through the post at such office(s) as are designated by the Authority for the receipt of such applications. Priority of dealings received for registration 58.
(1)Save as is otherwise provided in these Rules, applications, including those lodged by hand, shall rank for priority of registration in the order in which they are received by the Authority.
(2)All applications received, including by electronic means, other than applications lodged by hand: (
  1. a)on any day before the opening of the Registry to the public on that day, shall be deemed to have been received at the same time immediately before the opening of the Registry to the public; (
  2. b)after the opening of the Registry to the public shall be deemed to have been received at the same time and immediately before the closing of the Registry to the public on that day; (
  3. c)after the closing of the Registry to the public on a particular day shall be deemed to have been received at the same time and immediately before the opening of the Registry to the public on the next working day.
(3)Applications pursuant to paragraph
(2)above deemed to have been received at the same time shall rank in equal priority to each other.
(4)Two or more applications 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. Notice in register of pending registration
  1. Notice of every application received for registration shall, pending registration, be entered in the folio of the register to which it relates in such manner as the Authority may direct. Date of registration
  2. Except as otherwise provided by statute, or as provided in Rules 51, 61
(3)and 161, registration shall be completed as of the day on which the application is received for registration. Amendment of instrument and priority of amended instrument 61.
(1)Where any alteration is required in an instrument after it has been received for registration, it may, if the Authority 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. Stamp certificate issued by Revenue Commissioners 62.
(1)Where a question arises in relation to a stamp certificate issued by the Revenue Commissioners and the solicitor for the applicant gives a written undertaking that he will, within a time fixed by the Authority, furnish the necessary evidence to discharge the question, the relevant instrument may be returned to the solicitor for the purpose of procuring such evidence. If such instrument is subsequently, within the time fixed, lodged with the necessary evidence, registration shall be completed as of the date of the lodgment of the original application
(2)Where the written undertaking has not been complied with within the time fixed, the application for registration shall be treated as abandoned. Registration of a tenant in common
  1. 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/she is entitled where the share does not appear from the instrument lodged. The entry in the register shall be that the applicant is owner of a specified undivided share of the property. Registration of trustee owner
  2. Where an applicant for registration is a trustee, he/she 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. Application by registered owner for amendment
  3. An application by the registered owner for the amendment of his/her name or address or description in the register shall be in Form
  4. Application for registration of trustees
  5. An application for registration of trustees who are owners of registered land by virtue of the Act of 2009 shall be in Form
  6. Transfers Forms of transfer
  7. A transfer shall be made by an instrument in such one of the Forms 19, 21 to 24, 29 and 30 as may be applicable. Form of lease
  8. A lease of registered land shall be in Form
  9. Registration of transferee who is a trustee
  10. Where a transfer is made to a transferee who is a trustee of the property transferred, he/she 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. Registration under a transfer or vesting order on sale in execution of order of court 70.
(1)A transfer on sale by a registered owner (or by his/her 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- (
  1. a)an official copy of the order of the court directing the sale of the property; (
  2. b)a certificate of the Examiner of the High Court or (if the sale has been directed by the Circuit Court) a certificate of the county registrar, certifying the result of his/her enquiries as to incumbrances; (
  3. c)an official copy of the final order approving of the sale and the payment out of court of the proceeds of sale. (
  4. d)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), (c) and (d), the Authority shall 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. Effect of covenant to pay rent or indemnify may be noted in register 71. 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. Registration of purchaser from personal representative of owner discharged from judgment mortgage on interest of beneficiary 72.
(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 under the Judgment Mortgage (Ireland) Act, 1850 or an entry of judgment mortgage under Section 116 of the Act of 2009 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 113 shall apply, mutatis mutandis, to such application and notice. Registration under grant reserving rent 73. A transfer of freehold property by a grant 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. Registration of companies 74.
(1)A company within the meaning of the Companies Acts 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 Authority 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 Authority shall be entitled to assume that the deed was duly executed by the company.
(5)On a disposition made by a foreign body corporate where a certificate is lodged from a lawyer from the country in question or who has sufficient knowledge of the laws of the country in question, that the deed was executed in accordance with the legal requirements governing execution of the instrument in question by such a body corporate in the jurisdiction where it is incorporated, the Authority shall be entitled to assume that the deed was duly executed by the body corporate. Registration under transfer over-reaching estate or interest of registered owner 75.
(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 76, registration of the transferee shall be made on the production of the following evidence- (
  1. a)where the disposition is made by a person in the exercise of a statutory power or a power registered as a burden, the appointment, deed poll or other instrument by which the power is exercised and, subject to Rule 81, such evidence as a purchaser could require if the property was unregistered, showing that the power is exercisable, and has been exercised, by the person in whom it is vested; (
  2. b)where the disposition is made by a person other than the registered owner in execution of a judgment, order, decree or process of court, the disposition executed by the person appointed by the court to execute it, accompanied by an official copy of the order of the court appointing him/her; (
  3. c)where the property is transferred by statute, an application in writing for registration in which the statute relied on is referred to, and, subject to Rule 82, 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. Notice of application for registration under transfer over-reaching estate or interest of registered owner 76.
(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 Judges conveyance, a vesting order of a court or of the Land Commission or the Minister for Agriculture, Food and the Marine, a transfer by the Land Commission or the Minister for Agriculture, Food and the Marine 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 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 in Form 27 shall be given- (
  1. a)to the personal representative, or (
  2. 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/her intestacy or under Section 111 of the Succession Act, 1965 .
(3)The applicant for registration shall furnish to the Authority the particulars necessary for the service of the notices prescribed by this rule, insofar as the applicant is in a position to do so. Cancellation of burdens on transfer over-reaching the estate or interest of registered owner 77.
(1)On the registration of an owner under Section 60 of the Act, other than as provided by Rule 70, the following registered burdens and notices shall be cancelled in the register- (
  1. a)where the transfer is made by statute or in exercise of a statutory power, the burdens and notices from which the property would be discharged by the statute or the exercise of the statutory power, if the property were unregistered; (
  2. b)where the transfer is made in exercise of a power registered as a burden, the burdens and notices that rank in priority after the power; (
  3. c)where the transfer is made by a vesting order of a court or by a 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/she applies. Notice of cancellation of burdens on transfer over-reaching the estate or interest of registered owner 78. The Authority shall serve notice in Form 28 on the registered owner (if any) of burdens and notices which are to be cancelled under Rule 77
(1)(a) or (b). Registration of transfer under power of sale 79.
(1)On the registration of a transfer under a power of sale under Section 62
(9)of the Act notice shall be served in Form 25 to the registered owner or in the case of his/her death to his/her personal representative(s).
(2)Burdens and entries discharged under Section 62
(10)of the Act shall be cancelled and notice in Form 26 shall be served to the registered owner (if any) of the burden or entry cancelled. Registration of trustees or assignees of bankrupt owner and re-registration of the owner 80.
(1)The assignees in bankruptcy of a registered owner who has been adjudicated a bankrupt may be registered as owners in his/her place, on production to the Authority of an official copy of the certificate of the vesting of the estate and effects in the assignees, endorsed as prescribed by this rule.
(2)A bankrupt whose trustee or assignee is registered as owner of his/her registered property may be re-registered as owner or, where he/she is a limited owner, the entry of the assignee or trustee as assignee of his/her limited estate or interest may be cancelled, on production in the Registry of the re-vesting deed.
(3)An arranging debtor whose trustees are registered as owners of his/her registered property may be re-registered as owner or, where he/she is a limited owner, the entry of the trustees as assignees of his/her limited estate or interest may be cancelled, on production in the Registry of an official copy of the order of the court under Section 85 of the Bankruptcy Act, 1988 , endorsed as prescribed by this rule.
(4)Every order, certificate, resolution or agreement or official copy, produced for the purposes of a registration referred to in this rule, shall have endorsed 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, in the case of a bankruptcy by the re-vesting deed or, in the case of an arrangement by an official copy of the order of the court under Section 85 of the Bankruptcy Act, 1988 or, where applicable, the written consent of the trustee to the re-registration. Registration of transferee of local authority under statute
  1. On the registration of a transferee as owner under a transfer by a local authority in exercise of its powers under statute, no evidence shall be required of the breach of any statutory conditions or in such regulations or of the happening of any event giving rise to the power of the local authority to sell. Registration of local authority under statute
  2. Registration of a local authority as owner of property that has vested in it under statute 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
  3. No evidence, other than the certificate therein contained, shall be required of the possession of the property by the local authority. Registration of dispositions of recorded property 83.
(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 shall be effected in accordance with the provisions of the Act and the procedure 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 applicants title shall be lodged with his/her application, which shall be accompanied by the documents referred to and the evidence of the facts necessary to be proved to establish his/her title; and the Authority, on examination of the title and after making such inquiries and searches and giving such notices as it shall deem necessary or expedient, may make such registration in the register as shall give effect to the title proved. Registration of new trustee of friendly society 84.
(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 Application for registration where registered owner died prior to 1st June, 1959 85.
(1)On the death prior to 1st June, 1959 of a sole registered owner of property, or the survivor of several registered owners of property, not being registered as tenants in common, an application for registration as owner of the person entitled to be registered shall be made in Form 33 and be made by any person interested in the land.
(2)Where the application relates to property that vested in the personal representative(
  1. s)it shall be accompanied by an affidavit by the personal representative(
  2. s)in Form 34 and shall be accompanied by the probate or letters of administration or an official copy. Applications for registration where registered owner diedon or after 1st June, 1959 Assent by personal representative(
  3. s)on death testate to registration of person entitled; application of person entitled for registration 86.
(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 35 except where the personal representative(s) 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 36 or 37.
(3)An application for registration as owner by the personal representative(s) claiming to be entitled to property on the death testate of a registered full owner shall be in Form 38 or 39.
(4)The application shall be accompanied by the probate or letters of administration with will annexed or an official copy. Transfer by personal representative(s) on death testate to person entitled 87.
(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(s) shall be in Form 40.
(2)The application for registration under such transfer shall be accompanied by the probate or letters of administration with will annexed or an official copy. Application for registration by a person, other than the personal representative(s) entitled on intestacy 88.
(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/she is not the sole personal representative, be made- (
  1. a)by presenting an application in Form 42 accompanied by an assent of the personal representative(
  2. s)of such owner in Form 41, or (
  3. b)by presenting a transfer of the property to him/her from the personal representative(s). The transfer shall be in Form 43.
(2)The application shall be accompanied by the letters of administration or an official copy. Application for registration by personal representative entitled on intestacy 89.
(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 44.
(2)The application shall be accompanied by the letters of administration or an official copy. Application for registration on death of person entitled but not registered as owner 90. Where a person dies entitled to be registered as owner of property, but not registered as owner, in the case of a death on or after the 1st June, 1959, an affidavit by the personal representative(
  1. s)in Form 34 shall be lodged in addition to the requirements of Rules 86 to 89. Transmission on death of owner of charge or other burden 91. 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/her 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 92. 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/her personal representative(
  2. s)may, on lodgment in the Registry of the original or an official 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 Authority 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 representative(s). Application for registration of successor of limited owner 93.
(1)On the determination of the estate or interest of a limited owner, an application for registration by a person claiming under the trust or settlement shall be in Form 45 or 46 as the case may require. Where Form 46 is appropriate and the trust or settlement is created by will, the original or an official copy of the will and probate or letters of administration with will annexed shall be lodged. Where Form 45 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 45 is appropriate, the applicant shall not be registered except with the concurrence of the trustees (if any) of the trust or settlement or after notice to them.
(3)The application may also be made by the trustees of the trust or settlement in Form 45 or 46, as the case may require, with the necessary modifications and with the assent of the owner to be registered to the registration of any burdens affecting his/her estate or interest.
(4)The trustees admission of the discharge or cessor of any burdens created by the trust or settlement shall be sufficient evidence of such discharge or cessor. Application for registration by survivor or survivors of joint tenants 94.
(1)Where one of two or more persons registered as joint tenants dies, the surviving joint tenant or tenants shall on application be registered as owner or owners on proof of the death of such person or persons.
(2)The death may be proved by the production of probate or letters of administration or an official copy or a certificate of death, with evidence of the identity of the deceased named therein with the owner stated to be dead, or such other proof as the Authority may deem sufficient.
(3)The application shall be in Form
  1. Court orders and burdens generally Registration pursuant to court order
  2. An application for registration pursuant to an order of the court shall be made by lodging in the Registry an official copy of the order. The assent to registration of burdens that is to be given by persons other than the owner 96.
(1)Pursuant to Section 69
(2)of the Act, it is hereby prescribed that the concurrence of the under-mentioned persons shall be accepted in lieu of the concurrence of the registered owner in the following cases- (
  1. a)concurrence in the registration of a burden on transferred property created by or arising on the transfer shall be given by the transferee or the person claiming under the transferee who applies for registration as owner under the transfer; (
  2. b)concurrence in the registration of a burden created by the will of a deceased owner shall be given by the devisee of the property affected by the burden or the person claiming under the devisee who applies for registration as owner or, in the case of partial intestacy, by the person on whom the interest in the property devolves or the person claiming under him/her who applies for registration as owner; (
  3. c)concurrence in the registration of a charge by the personal representative of an owner of land for moneys that he/she is liable to pay shall be given by the person who applies for registration as owner under an assent or transfer from the personal representative; (
  4. d)concurrence in the registration of the following burdens shall be given by the Authority; (
  5. i)a burden created under a statute or statutory power or under a power registered as a burden or under a trust for securing money registered as a burden; (
  6. ii)a burden created by trustees in exercise of a power under a settlement under which a limited owner is registered, (iii) any burden specified in Section 69
(1)(
  1. h)or (
  2. i)of the Act, (
  3. iv)a lien registered as a burden pursuant to Section 73 of the Act of 2006, (
  4. v)An easement or profit registered as a burden pursuant to Section 49A of the Act.
(2)The concurrence of a registered owner or of a person (other than the Authority) authorised by this rule to concur in the registration of a burden may be given by his/her personal representative in all cases.
(3)A registered owner or person (other than the Authority) authorised by this rule to concur in the registration of a burden may give his/her concurrence personally or by his/her solicitor. How assent to registration of burden is to be given 97.
(1)The concurrence of a person (other than the Authority) authorised to concur in the registration of a burden shall be given by written assent and the assent shall be filed.
(2)The assent may be given in the instrument creating the burden. Otherwise, it shall be in Form 48 or included in Form 17.
(3)The entry in the register of a burden in the registration of which the Authority is authorised to concur shall be the evidence of its concurrence in the registration. How burden may be entered 98. Where an instrument or a copy thereof authorised by these Rules is filed in the Registry and the instrument creates, or assents to the registration of, a burden, the entry of the burden in the register may be made by reference to the instrument or by setting out an extract therefrom or the effect thereof. Note in register where statutory priority for burden claimed 99.
(1)An applicant who applies for registration of a burden that he/she claims has priority over other burdens by virtue of a statute shall state in writing the statute under which priority is claimed.
(2)On registration of the burden, the Authority, if satisfied that the burden has the priority claimed, shall make an entry in the register to the effect that, as between the burden and prior burdens it ranks in the priority conferred by the statute specified. Instrument creating two or more burdens and priority thereof 100. Where an instrument lodged for registration creates two or more burdens on the property registered, the priority in which the burdens are to be entered in the register shall be as shown in the instrument; otherwise, the burdens shall be deemed to be in equal priority and shall be entered in the register accordingly. Evidence on which a burden may be cancelled or modified 101.
(1)On the application of any person interested in a registered burden or in the property on which it is registered, the Authority may cancel or modify the burden subject to compliance with the following conditions- (
  1. a)Where the ownership of the burden is registered, the concurrence of its registered owner or his/her personal representative shall be required. No modification that would prejudice the rights of the owner of the property that the burden affects or of the owner of any other registered burden shall be made without the concurrence of that owner. (
  2. b)Where the ownership of the burden is not registered or where the registered owner of the burden does not concur in the proposed cancellation or modification, the right of the applicant to the cancellation or modification applied for shall be proved to the satisfaction of the Authority; and the cancellation or modification shall be made only after such inquiries and notices as the Authority may direct. (
  3. c)Where the burden is a covenant or condition relating to the use or enjoyment of property, the concurrence of all persons appearing to the Authority to be interested in the enforcement thereof shall be required.
(2)The application may be in Form 57A or 57B, as the case may be, adapted to suit the facts of the particular case. Application for cancellation of charge by electronic means
  1. An application for the cancellation of the entry of a charge may be made to the Authority by electronic means where the Authority is satisfied that appropriate arrangements are in place for effecting such application. The application shall be in Form
  2. Application for cancellation of Property Adjustment Order
  3. An application for cancellation of a Property Adjustment Order pursuant to Section 9 or 8 of the Family Law Act, 1995 or Section 14 or 22 of the Family Law (Divorce) Act, 1996 or Section 118 or 131 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 shall be in Form 59A, 59B or 59C. Where burden may be cancelled as extinguished
  4. Where the registered owner of a burden becomes the registered owner of the property on which it is a burden, the Authority may unless the contrary appears, treat the burden as extinguished and cancel its entry in the register, where, after giving notice to all interested parties of its intention to do so, no objection to the proposed cancellation is made. Charges Forms of charge, transfer of charge and release
  5. A charge for the payment of money, and a transfer and release thereof, shall be made by instruments in such one of Forms 49 to 53 and 56 to 58 as may be applicable. Registration of charge created by a company
  6. Where, on the registration of a charge created by a company within the meaning of the Companies Acts or on the registration of a crystallised charge as a burden on the land of a company pursuant to Rule 107, a certificate has not been produced to show that the charge has been registered in accordance with the requirements of Section 99 of the Companies Act, 1963 , a notice to that effect shall be entered in the register. Crystallised charge as burden 107.
(1)Pursuant to Section 69
(1)(s) of the Act, it is hereby prescribed that a crystallised charge on the land of a company arising on the appointment of a receiver under a debenture which created a floating charge on its undertaking and assets may be registered as a burden affecting registered land.
(2)An application for registration of a crystallised charge shall be made by lodging in the Registry the debenture and appointment of receiver with a duplicate or attested copy of each. The application shall be in Form 54 and the entry in the Register shall be in Form 55.
(3)On the registration of a crystallised charge as a burden on the land of a company, the receiver appointed under the debenture may exercise the powers conferred on him/her by the debenture in relation to such land.
(4)The crystallised charge shall not be deemed to be an instrument of charge under Section 62
(2)of the said Act.
(5)On registration of the said crystallised charge as a burden, the original of the said debenture and of the said appointment of receiver shall be returned to the person lodging same. Sub-charges 108.
(1)The registered owner of a charge may charge it in the same manner as the registered owner of land may charge his/her land. Such a charge shall be described in the register as a sub-charge.
(2)A sub-charge may be created, registered, transferred, disposed of and released in the same manner as a charge.
(3)On the registration of a sub-charge or of any dealing therewith, the Authority may, where it deems it expedient or conducive to clarity, transfer the title to the charge affected by the sub-charge to the register maintained under Section 8(b) of the Act. Dealing with mortgage created prior to first registration where registered 109.
(1)Where a mortgage created prior to the first registration of property is entered in the register, the Authority may, on the application or with the concurrence of the person entitled, register him/her as owner of a charge on due proof of his/her title and after notice to the owner of the mortgaged property.
(2)The same forms may be used and the same procedure may be adopted on transfers and other dispositions of a charge of which an owner is so registered as are applicable to registered charges. Judgment mortgages Registration of judgment mortgage 110.
(1)Application for registration of a judgment mortgage as a burden on registered property pursuant to Section 116 of the Act of 2009 shall be made in Form 60 and shall have endorsed a certificate that the judgment was obtained, signed by the proper officer of the relevant court.
(2)The entry in the register shall be in Form 61, with such variation as the Authority may, in special circumstances, direct. Evidence on registration of judgment mortgage 111. An application for registration of a judgment mortgage shall contain a statement that to the best of the applicant’s knowledge and belief, the judgment debtor at the time of swearing the affidavit has an estate or interest in the lands contained in a specified folio of the register, or the defined part thereof to be affected by the registration. Notice of registration of judgment mortgage 112.
(1)Notice of the registration of a judgment mortgage in the Registry shall be sent by the Authority to the registered owner of the property and to the other persons (if any) whose estate or interest the application purports to affect and whose address in the State for service of notices is disclosed in the register or the application.
(2)The notice shall be in Form 62. Application to cancel entry of judgment mortgage on grounds of invalidity 113.
(1)Where an entry of notice of the deposit of an affidavit of judgment under the Judgment Mortgage (Ireland) Act, 1850 or an entry of judgment mortgage under Section 116 of the Act of 2009 is made in the register of any property, a registered owner, or any other person interested, who claims that the deposit and the notice thereof in the register do not create a valid burden or that the judgment mortgage is not a valid burden may apply to the Authority for the cancellation of the entry.
(2)The application shall be in writing and shall state the grounds on which the applicant claims that the entry should be cancelled, as, for instance, that a specified provision of the Judgment Mortgage (Ireland) Acts, 1850 and 1858, has not been complied with or that the judgment debtor had no estate or interest in the property or no estate or interest capable of being affected by registration of the affidavit, or judgment mortgage and shall state the facts on which he/she relies in support of his/her claim.
(3)Where the Authority is satisfied on the facts stated that a prima facie case for cancellation of the entry has been made, notice of the application and of the cancellation proposed to be made shall be given to the judgment creditor and, in default of objection by him/her within the time specified by the notice, the entry shall be cancelled.
(4)Every objection to a proposed cancellation shall be in writing and shall be signed by the judgment creditor or his/her solicitor. It shall state the grounds of the objection and the facts relied on in support.
(5)Where, in the opinion of the Authority, the application and objection do not raise a question of law or fact relative to the validity of the registration made which should be referred to the court, it may cancel or refuse to cancel the entry of notice of the deposit or the judgment mortgage; but, if a question of law or fact is disclosed on which, in its opinion the validity of the affidavit or application as a judgment mortgage depends, it may refer the question to the court for decision. Cancellation of entry of judgment mortgage validly registered 114. Subject to an inhibition in the register to the contrary, an entry of notice of the deposit of an affidavit of judgment or an entry of judgment mortgage may be cancelled on production in the Registry of the certificate specified in Section 9 of the Judgment Mortgage (Ireland) Act, 1850, of the satisfaction of the judgment, decree or order in respect of which the affidavit was deposited, or of a requisition by the judgment creditor or his/her personal representative, in Form 63, for its discharge. Other burdens Lease 115.
(1)An application for registration of a lease duly created after first registration of the property affected as a burden shall be made by lodging in the Registry the lessees part of the lease with a duplicate or attested copy. The entry in the register shall give the date of the lease, the term and rent, and particulars of the property demised sufficient to identify it on the registry map.
(2)Pursuant to Section 70 of the Act, it is hereby prescribed that, on the registration of the lease as a burden where the unexpired residue of the term granted by the lease is more than twenty-one years, the ownership of the lease shall be entered in the appropriate register maintained under Section 8 of the Act. Power to charge and trust to secure money 116.
(1)A trust for securing money and a power to charge or other power vested in any person virtute officii shall be registered as a burden by reference to the instrument creating the trust or power, and no charge under the trust or power shall be registered until it is shown to the satisfaction of the Authority that the person raising the money under the trust or power is the person authorised to do so by the instrument.
(2)A person securing money under such a trust or power shall do so by creating a registered charge in the manner prescribed by Section 76 of the Act and not otherwise. Lien for unpaid purchase money 117.
(1)An application for registration of a lien for unpaid purchase money shall be made in writing signed by the vendor or his/her solicitor. It shall give the address of the vendor in the State for service of notices and shall be accompanied by the prescribed assent to its registration as a burden.
(2)A lien may be discharged in the register on the consent of the vendor or his/her personal representative or the solicitor for either of them. Judgment or order of court 118. An application for the registration of a judgment or order of a court as a burden shall be made in writing signed by the applicant or his/her solicitor. It shall identify the property affected by the judgment or order by a reference to the folio of the register in which its ownership appears and, if necessary, to a map, and shall state whether all the property is affected and, if not what part is affected. Evidence of the judgment or order shall be lodged with the application. Lis Pendens 119.
(1)An application for the registration of a lis pendens as a burden shall be made in Form 64. It shall be signed by the applicant or his/her solicitor and shall have endorsed a certificate of the existence of the cause or proceeding signed by the proper officer of the Central Office of the High Court.
(2)The entry of a lis pendens in the register shall be in Form 65, with such variation thereof as the Authority may, in special circumstances, direct.
(3)An application for the cancellation of a lis pendens shall be made by lodging in the Registry a certificate in Form 33 as provided by Rule 5 of Order 72A of the Rules of the Superior Courts (the Act of 2009) 2010 by the proper officer of the Central Office of the High Court that the lis pendens has been cancelled on the register of lis pendens maintained in the Central Office of the High Court, or alternatively, where the lis pendens was registered before the 1st December 2009, by lodging an order of the court directing its cancellation on the register, or by lodging a transfer of the property made in pursuance of an order for sale by the court in which the lis pendens may be, or by lodging the consent of the person on whose application it was registered as a burden. Recognisances, bonds and judgments 120.
(1)An application for registration of a recognisance or other matter referred to in Section 117
(2)(a) of the Act as a burden shall be made by lodging in the Registry the memorandum prescribed by Section 11 of the Judgments (Ireland) Act, 1844, together with evidence that the person whose estate or interest is sought to be affected is either the registered owner or, in the case of settled land, another person having an estate or interest in the property under the settlement against whom registration is applied for. The memorandum shall be signed by the applicant or his/her solicitor and shall have subscribed a certificate of the existence of the recognisance or other matter by the proper officer of the court in which it was obtained or by some other duly authorised person.
(2)The entry in the register of a recognisance shall be in Form 66. The entry in the register of the other matters referred to in the said Section 117
(2)(a) of the Act shall be in a like form, with such variation as the case may require and the Authority allows.
(3)An application for the discharge of a recognisance or a State bond shall be made by lodging in the Registry a certificate of vacate.
(4)An application for the discharge of a judgment shall be made by lodging in the Registry a certificate of the satisfaction of the judgment. Easement or profit à prendre 121.
(1)Every application for the registration of an easement or profit à prendre as a burden shall be accompanied by an application map showing the part of the property described on the register over which the right is to be exercised, unless it can be otherwise clearly identified on the registry map from the description in the instrument creating the right. Where the application is for registration of a right of way, the grant may be made in Form 67, with such modifications as the case may require.
(2)The application shall also be accompanied by an application map showing the property to which the right granted (except it is a profit à prendre in gross) is appurtenant, unless it can be identified on the registry map by reference to the folio of the register in which its ownership is registered.
(3)The map, if not endorsed on and referred to in the instrument creating the right, shall be signed by the registered owner of the property on which the right is to be registered as a burden and by the grantee of the right or his/her solicitor.
(4)Where appropriate, the provisions of Rule 29 shall apply to such map. Cautions and inhibitions against registration of dispositions Form of caution, affidavit or certificate in support and notice 122.
(1)A caution against dealings by a registered owner shall be in Form 70. The caution shall be signed by the cautioner or his/her solicitor and shall contain an address in the State for service of notices on the cautioner.
(2)A caution may be limited to specified dealings by the registered owner.
(3)The affidavit in support of the caution shall be in Form 71 and shall state the facts that show the unregistered right in, to or over the registered property in respect of which the caution is lodged. The certificate under Section 97
(6)of the Act may be in Form 65 (suitably adapted) signed by the solicitor to the statutory authority.
(4)Notice of the entry of a caution shall be sent by the Authority to the registered owner of the property to which it relates. The notice shall be in Form 72. Warning notice to cautioner 123.
(1)Whenever- (
  1. a)an application in writing for the discharge of a caution is made by the registered owner of the property affected; or (
  2. b)a dealing of which the cautioner requires notice is presented for registration without the consent of the cautioner; notice shall be sent to the cautioner warning him/her that his/her caution will lapse after the time stated in the notice.
(2)The time to be specified in a warning notice shall be 21 days or such other period as the Authority may, in the special circumstances of a case, direct.
(3)The notice shall be in Form 73 or
  1. Application by registered owner for discharge of caution
  2. An application by a registered owner for the discharge of a caution shall state the grounds of his/her application, as, for instance, that the right for the protection of which the caution was entered does not exist or has ceased to exist, and shall state the facts alleged in support thereof. Procedure on appearance by cautioner to a warning notice 125.
(1)A cautioner or his/her personal representative may appear before the Authority or deliver a statement in writing at the Registry, at any time within the time stated in the warning notice, for the purpose of obtaining a stay on registration of the dealing referred to in the notice or, where the warning is sent on the application of the registered owner, for the purpose of obtaining the continuation of the caution.
(2)The applicant shall state the grounds on which registration of the dealing should be stayed or the caution should be continued, as, for instance, that the dealing, if registered, would defeat or postpone the prior unregistered right of the cautioner which he/she was proceeding to enforce, or, where the warning notice is sent on an application by the registered owner, that proceedings are pending, or are about to be taken, to enforce the right protected by the caution.
(3)Where it deems it necessary or expedient, the Authority may appoint a day and time for the parties to attend before it for the determination of the terms and conditions on which registration of a dealing shall be stayed or the caution continued or cancelled.
(4)The Authority may make such ruling on the application as it may think just, as for instance, that registration under the dealing be stayed for a specified period or that registration under the dealing be made and the caution continued or, where the warning notice was sent on an application by the registered owner, that the caution be continued either indefinitely or for a specified period or that its entry be cancelled. Withdrawal of caution or consent of cautioner to dealing 126.
(1)A caution may be withdrawn at any time either as against the whole or any part of the property to which it relates. The application for its withdrawal may be in Form 75 and shall be signed by the cautioner or his/her solicitor or the personal representative of the cautioner or his/her solicitor; and, where the withdrawal is against part only of the property affected by the caution, it shall identify the part to which the withdrawa

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