Registration of Title Act, 1964

Registration of Title Act, 1964 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1964 Registration of Title Act, 1964 Registration of Title Act, 1964 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 16 of 1964. REGISTRATION OF TITLE ACT, 1964 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title. 2. Commencement. 3. Interpretation. 4. Expenses. 5. Repeals. 6. Continuance of existing officers, offices, registers, instruments and documents. PART II Land Registry, Registers, Registering Authorities and Jurisdiction 7. The central and local offices. 8. Registers of ownership. 9. The Registrar of Titles. 10. Local registrars. 11. Relations of Registrar and local registrars. 12. Officers of central and local offices. 13. Exercise of powers of registering authorities. 14. Fees. 15. Official seals. 16. Powers of Registrar. 17. Proceedings by and against Registrar. 18. The court. 19. Appeal and reference to the court. 20. Enforcement by High Court of order of Registrar. 21. Registering authority to obey order of court. 22. Power of court in action for specific performance. PART III Registration of Ownership 23. Compulsory registration. 24. Extension of compulsory registration. 25. Effect of failure to register where registration compulsory. 26. Registration by Land Commission. 27. Classes of owners who may be registered. 28. Land certificate. 29. Rectification on amendment of vesting order. 30. Fraudulent dispositions and entries. 31. Conclusiveness of register. 32. Rectification of errors in registration. 33. Classes of title which may be registered. 34. Registration of burdens. 35. Registration subject to, or free from, equities. 36. Effect of previous registration with qualified or possessory title. 37. Effect of registration with absolute title. 38. Effect of registration with possessory title. 39. Effect of registration with qualified title. 40. Classes of title which may be registered. 41. Registration of burdens. 42. Previous registration with, and without, note as to lessor's title. 43. Effect of previous registration with qualified or possessory title. 44. Effect of registration with absolute title. 45. Effect of registration with good leasehold title. 46. Effect of registration with possessory title. 47. Effect of registration with qualified title. 48. Transfer of land from leasehold to freehold register. 49. Registration of title acquired by possession. 50. Conversion of registered title into absolute or good leasehold. 51. Transfer of registered land. 52. Effect of transfer of freehold land with absolute title. 53. Effect of transfer of freehold land with possessory title. 54. Effect of transfer of freehold land with qualified title. 55. Effect of transfer of leasehold interest with absolute title. 56. Effect of transfer of leasehold interest with good leasehold title. 57. Effect of transfer of leasehold interest with possessory title. 58. Effect of transfer of leasehold interest with qualified title. 59. Saving of consent to alienation, etc. 60. Defeasance of registered owner's estate. 61. Transmission of registered land from limited owner and on death. 62. Creation and effect of charge on registered land. 63. Saving for mortgages registered as charges. 64. Transfer of charge. 65. Discharge of registered charge. 66. Transmission, etc., of charge. 67. Restriction on custody of land certificate by registered owner of a charge. 68. Creation and effect of subordinate rights and interests. 69. Burdens which may be registered as affecting registered land. 70. Registration of ownership of burdens. 71. Registration of judgment mortgages. 72. Burdens which are without registration to affect registered land. 73. Mines, minerals, and mining rights. 74. Priority of registered burdens. 75. Priority of registered charge for future advances. 76. Power of charging to be exercised by registered charge. 77. Powers with respect to statutory charges. 78. Term of years vested in trustee for raising money out of registered land. 79. Term of years vested in trustee for raising money, or mortgage, prior to first registration. 80. Provisions as to incumbrances created or issued by company and not registered or protected. 81. Right of residence. 82. Note of rights appurtenant to land. 83. Register of ownership. 84. Ordnance Survey maps to be kept in central office. 85. Description of registered land. 86. Entry of boundaries in certain cases. 87. Entry of boundaries by agreement. 88. Settlement of boundaries on transfer. 89. Meaning of owner of unregistered land in regard to boundaries. 90. Powers of person entitled to be registered as owner of land or charge. 91. Undivided shares and co-owners. 92. Notice of trusts. 93. Discovery of instruments and facts affecting title. 94. Production of deeds. 95. Deeds to be marked with notice of registration. 96. Caution against first registration of land. 97. Caution against registered dealings. 98. Inhibition of registered dealings. 99. Provisions as to limited owners. 100. Power for trustee to apply to court for directions. 101. Infants. 102. Persons of unsound mind. 103. Provisions as to bankruptcy of registered owner. 104. Stamp duties. 105. Certificates. 106. Addresses and notices. 107. Searches of registers and maps. 108. Priority given by certificate of official search. PART IV Devolution on Death and Descent on Intestacy 109. Application of Part IV. 110. Devolution of registered land. 111. Succession to beneficial interest in registered land on intestacy. 112. Abolition of rules of descent in relation to registered freehold land. 113. Saving for deaths before commencement of this Act. 114. Meaning of “heirs”. PART V Miscellaneous Provisions 115. Avoidance of certain stipulations in contracts for sale or charge of registered land. 116. Exemption of land from registration in Registry of Deeds. 117. Exemption from registration elsewhere of burdens registered under this Act. 118. Indemnity of registering authority. 119. Penalties for fraud. 120. Compensation for error, forgery or fraud in relation to registration. 121. Inhibition in consequence of discovery of error. 122. Owner of land with possessory title not a trustee under Statute of Limitations, 1957. 123. Effect of words of transfer. 124. Power of Peace Commissioners to take affidavits. 125. Registration of land below high-water mark. 126. Power to make rules and orders. 127. Saving for bona vacantia. SCHEDULE REPEALS Acts Referred to Registration of Title Act, 1891 1891, c. 66. Irish Bankrupt and Insolvent Act, 1857 1857, c. 60. Bankruptcy (Ireland) Amendment Act, 1872 1872, c. 58. Debtors Act (Ireland), 1872 1872, c. 57. Local Bankruptcy (Ireland) Act, 1888 1888, c. 44. Landed Property Improvement (Ireland) Act, 1847 1847, c. 32. Drainage (Ireland) Act, 1842 1842, c. 89. Drainage and Improvement of Land (Ireland) Act, 1863 1863, c. 88. State Property Act, 1954 1954, No. 25. Judgment Mortgage (Ireland) Act, 1850 1850, c. 29. Landed Property Improvement (Ireland) Act, 1847 1847, c. 32. Irish Church Act, 1869 1869, c. 42. Registration of Deeds Act, 1707 1707, c. 2. Judgments (Ireland) Act, 1844 1844, c. 90. Finance Act, 1924 1924, No. 27. Irish Church Act, 1869 1869, c. 42. The Public Offices Fees Act, 1879 1879, c. 58. Land Act, 1931 1931, No. 11. Administration of Estates Act, 1959 1959, No. 8. Registration of Title Act, 1942 1942. No. 26. Conveyancing Act, 1881 1881, c. 41. Conveyancing Act, 1911 1911, c. 37. Forestry Act, 1946 1946, No. 13. Judgment Mortgage (Ireland) Act, 1850 1850, c. 29. Judgment Mortgage (Ireland) Act, 1858 1858, c. 105. Land Act, 1927 1927, No. 19. Labourers Act, 1936 1936, No. 24. Companies Act, 1963 1963, No. 33. Landlord and Tenant (Ireland) Act, 1870 1870, c. 46. Settled Land Act, 1882 1882, c. 38. Settled Land Act, 1884 1884, c. 18. Lunacy Regulation (Ireland) Act, 1871 1871, c. 22. Statute of Limitations, 1957 1957, No. 6. Foreshore Act, 1933 1933, No. 12. Courts of Justice Act, 1936 1936, No. 48. Record of Title (Ireland) Act, 1865 1865, s. 88. The Registry of Deeds Office (Ireland) Holidays Act, 1883 1883, c. 20. Number 16 of 1964. REGISTRATION OF TITLE ACT, 1964 AN ACT TO CONSOLIDATE WITH AMENDMENTS THE LAW RELATING TO THE REGISTRATION OF THE TITLE TO LAND. [4th July, 1964.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I Preliminary and General Short title. 1.—This Act may be cited as the Registration of Title Act, 1964. Commencement. 2.—This Act shall come into operation on such day as the Minister for Justice by order appoints Interpretation. 3.—(1) In this Act, save where the context otherwise requires— “the Act of 1891” means the Registration of Title Act, 1891; “assignment on sale” has the meaning assigned to it by section 24; “Bankruptcy Acts” means the Irish Bankrupt and Insolvent Act, 1857, the Bankruptcy (Ireland) Amendment Act, 1872, the Debtors Act (Ireland), 1872 , and the Local Bankruptcy (Ireland) Act, 1888; “the central office” has the meaning assigned to it by section 7; “conveyance” has the same meaning as in the Conveyancing Acts; “conveyance on sale” has the meaning assigned to it by section 24; “Conveyancing Acts” means the Conveyancing Acts, 1881 to 1911; “the court” has the meaning assigned to it by section 18; “disposition” includes transfer and charge; “drainage charge” includes any charge payable under the Landed Property Improvement (Ireland) Act, 1847, or under the Drainage (Ireland) Act, 1842, and also any charge payable under the Drainage and Improvement of Land (Ireland) Act, 1863, or any provisional Order under the said Act duly confirmed, or under any other Act for the improvement or drainage of lands; “existing” means existing immediately before the commencement of this Act; “fee simple” includes estates held under fee farm grants and perpetuity grants; “former crown rent” has the same meaning as in the State Property Act, 1954; “freehold land” means land the full ownership of which is an estate in fee simple; “general rules” means rules under section 126; “incumbrance” has the same meaning as in the Conveyancing Acts; “judgment mortgage” means an affidavit of ownership registered under the Judgment Mortgage (Ireland) Act, 1850; “land” includes— (a) land of any tenure; (b) land covered by water; (c) houses or other buildings or structures whatsoever and parts of any such houses, buildings or structures whether divided vertically, horizontally or otherwise; (d) mines and minerals, whether held apart from the surface or not; (e) incorporeal hereditaments; “land certificate” has the meaning assigned to it by section 28; “Land Commission” means the Irish Land Commission; “land improvement charge” includes any charge for land improvement loans payable to the Commissioners of Public Works in Ireland under the Landed Property Improvement (Ireland) Act, 1847; “Land Purchase Acts” includes the Irish Church Act, 1869 , and the Congested Districts Board (Ireland) Acts; “Land Registry” has the meaning assigned to it by section 7; “lease” means any contract of tenancy and includes an agreement for a lease; “leasehold interest” means an interest in land under a lease for a term of years of which more than twenty-one are unexpired at the date of registration, not being a term for securing money, with or without a covenant for renewal, and includes an interest held at a rent under a lease for a life or lives, or determinable on a life or lives, and where a lease in possession and a reversionary lease to take effect in possession upon the expiry of the first-mentioned lease are so held that the interest under both leases belongs to the same person under the same right, such leases, so far as they relate to land comprised in both leases, shall be deemed to create one continuous term in possession; “the local office” has the meaning assigned to it by section 7; “the local registrar” means the county registrar of a county acting by virtue of section 10; “mortgage” has the same meaning as in the Conveyancing Acts; “personal representative” means the executor, original or by representation, or the administrator of a deceased person; “possession” includes the receipt of the rents and profits; “prescribed” means prescribed by general rules; “register” means a register maintained under this Act; “registered land” means land of which an owner is or is deemed to be registered under this Act; “registering authority” means the Registrar or a local registrar; “the Registrar” means the Registrar of Titles; “Registry of Deeds” means the office established by the Registration of Deeds Act, 1707; “Registry of Judgments” means the office established by the Judgments (Ireland) Act, 1844 ; “registry map” has the meaning assigned to it by section 84; “repealed enactments” means the Registration of Title Acts, 1891 and 1942, repealed by this Act; “right” includes estate, interest, equity and power; “Settled Land Acts” means the Settled Land Acts, 1882 to 1890; “settlement”, “settled land”, “tenant for life” and “trustees of the settlement” have respectively the same meanings as in the Settled Land Acts; “State bond” means a bond entered into with any person acting on behalf of the State, including, without prejudice to the generality of the foregoing, a bond entered into with the Minister for Finance under section 39 of the Finance Act, 1924 , and a Crown bond; “statutory authority” means— (a) a Minister of State, (b) the Land Commission, (c) the Commissioners of Public Works in Ireland, (d) any local or public authority, or (e) any company or other body of persons established by or by direction of any enactment; “tithe rent charge” includes any annual sum payable to the Land Commission under section 32 of the Irish Church Act, 1869 ; “unregistered land” means land of which an owner is not registered or deemed to be registered under this Act; “will” includes codicil. (2) For the purposes of this Act an estate or interest in remainder or reversion not disposed of by a settlement and reverting to the settlor, or descending to the testator's heir, shall be an estate or interest comprised in the subject of the settlement. (3) In this Act, references to any enactment shall be construed as references to that enactment as amended or extended by any other enactment, including this Act. (4) In this Act, a reference by number to a section is to the section of this Act bearing that number unless it is indicated that a reference to some other Act is intended. Expenses. 4.—The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Repeals. 5.—The enactments mentioned in the Schedule are hereby repealed to the extent specified in the third column. Continuance of existing officers, offices, registers, instruments and documents. 6.—(1) All registering authorities and other officers acting under the repealed enactments shall continue to act as if appointed under this Act. (2) All offices established under the repealed enactments shall continue to be used under this Act. (3) A register maintained under the repealed enactments shall form part of the appropriate register under this Act. (4) All instruments and documents made or issued under the repealed enactments shall, if in force immediately before the commencement of this Act, continue in force and have the same validity as if made or issued under this Act. PART II Land Registry, Registers, Registering Authorities and Jurisdiction Land Registry The central and local offices. 7.—(1) There shall be a central office in the county borough of Dublin (in this Act referred to as “the central office”) and a local office in each county other than Dublin (in this Act referred to as a “local office”). (2) The central office shall be the office for registration of all land in the State. (3) The functions of the local offices shall be such as may be prescribed. (4) The central office and the local offices shall collectively be known as the Land Registry. Registers Registers of ownership. 8.—There shall be maintained in the central office— (a) registers of— (i) ownership of freehold land, and (ii) ownership of leasehold interests, excluding incorporeal hereditaments held in gross; (b) a register of ownership of— (i) land comprising incorporeal hereditaments held in gross; (ii) such other rights in land as may be prescribed. Registering Authorities The Registrar of Titles. 9.—(1) The central office shall be under the management and control of an officer who shall be called the Registrar of Titles. (2) The Registrar of Titles shall be appointed by the Government and shall hold office at the pleasure of the Government. (3) No person shall be appointed to be Registrar of Titles unless at the time of his appointment he is either a barrister-at-law or a solicitor who has practised his profession for not less than ten years. (4) For the purpose of subsection (3), service by a barrister-at-law or a solicitor in a situation in the Civil Service shall be deemed to be practice of his profession. (5) Subject to the person appointed thereto being in good health at the time of his appointment, the office of Registrar of Titles shall be a pensionable office within the Superannuation Acts for the time being in force, and there may be granted either to the Registrar of Titles on his retirement or to his personal representative on his death such superannuation and other allowances and gratuities as might under the said Acts have been granted to such Registrar of Titles if he had been appointed to an established position in the Civil Service with a certificate of qualification from the Civil Service Commissioners. (6) Every Registrar of Titles shall hold his office on such terms and conditions and shall receive, out of moneys provided by the Oireachtas, such remuneration as the Minister for Finance shall from time to time direct. (7) The Registrar of Titles shall retire on attaining the age of sixty-five years, but that age of retirement may, in the case of any particular Registrar of Titles, be extended by the Minister for Justice, with the concurrence of the Minister for Finance, to any age not exceeding seventy years. (8) The person appointed under this section to be Registrar of Titles may also be appointed by the Government to be Registrar of Deeds, and if so appointed, he shall be known as the Registrar of Deeds and Titles, but the foregoing provisions of this section shall continue to apply to him in the same manner as if he had continued to be only Registrar of Titles. Local registrars. 10.—(1) Subject to the direction and control of the Registrar, every local office shall be under the management of the county registrar of the county in which the local office is situate, and the business of the local office shall be transacted in the Circuit Court Office in and for that county. (2) Every county registrar (other than the county registrar for the county borough and county of Dublin) shall be a local registrar. (3) Any county and county borough amalgamated for the purposes of the Circuit Court shall be deemed to be one county for the purposes of section 7 and this section. Relations of Registrar and local registrars. 11.—Provision shall be made by general rules for determining the relations between the Registrar and the several local registrars and the control to be exercised by the Registrar over each local registrar. Officers of central and local offices. 12.—(1) There shall be attached to the central office and to each local office such and so many officers and servants as the Minister for Justice shall, from time to time, with the consent of the Minister for Finance, consider to be necessary. (2) Every officer and servant attached to the central office or to any local office shall hold his position on such terms and conditions and shall receive, out of moneys provided by the Oireachtas, such remuneration as the Minister for Finance shall, from time to time, direct. Exercise of powers of registering authorities. 13.—(1) All or any of the powers and duties conferred or imposed on the Registrar as such, or as Registrar of Deeds, may be exercised and performed by such other officer or officers as the Minister for Justice may authorise in that behalf. (2) All or any of the powers and duties conferred or imposed on any local registrar by or under this Act may be exercised and performed by such other officer or officers attached to the relevant local office as the Minister for Justice may authorise in that behalf. Fees. 14.—(1) The Minister for Justice, with the consent of the Minister for Finance, may by order fix the fees to be taken in the Land Registry for the purposes of this Act and may revoke or amend any such order. (2) The fees shall, so far as possible, be so fixed as to produce an annual amount sufficient to discharge the salaries, remuneration and other expenses payable under and incidental to the working of this Act. (3) Any provision of this Act or of general rules requiring or authorising anything to be done or any certificate or other document to be issued by the Registrar or in or from the Land Registry shall be construed as requiring or authorising the same on payment of such fee as may be fixed by order under this Act. (4) No fee shall be payable— (a) by the Land Commission on any registration or application for registration under this Act, (b) on any application for the registration of the ownership of any person to or in whom the Land Commission has transferred or vested registered land where the Land Commission is under a statutory duty to procure such registration. (5) All fees payable under this Act shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of that Minister. (6) The Public Offices Fees Act, 1879, shall not apply to fees payable under this Act. Official seals. 15.—(1) The Registrar and each local registrar shall have a separate official seal. (2) Judicial notice shall be taken of the said official seals, and any instrument purporting to be sealed with any such seal shall be admissible in evidence, and, if a copy, shall be admissible in like manner as the original. Powers of Registrar. 16.—(1) Subject to general rules, the Registrar may, by summons under his seal, require the attendance of all such persons as he thinks fit in relation to the registration of any title. (2) He may, by like summons, require any person having the custody of any map, survey or book made or kept in pursuance of any enactment to produce the map, survey or book for inspection. (3) He may examine on oath any person appearing before him and administer an oath accordingly. (4) He may allow to any person summoned by him the reasonable expenses of his attendance. (5) Any expenses allowed in pursuance of this section shall be deemed to be charges incurred in or about proceedings for registration, and may be dealt with in such manner as may be prescribed. (6) If any person, after the delivery to him of a summons under this section, or of a copy thereof, and after having had a tender made to him of the expenses, if any, to which he is entitled, wilfully neglects or refuses to attend in pursuance of the summons, or to produce such maps, surveys, books or other documents as he may be required to produce under this Act, or to answer on oath or otherwise such questions as may be lawfully put to him by the Registrar under the powers of this Act, he shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding one hundred pounds. Proceedings by and against Registrar. 17.—The Registrar of Titles may sue and be sued by that name. Jurisdiction of the Court The court. 18.—(1) The High Court and, subject to the provisions of this Act, the Circuit Court shall have jurisdiction for the purposes of this Act and “the court” shall in this Act be construed accordingly. (2) Unless the necessary parties to the proceedings sign, either before or at any time during the hearing, the form of consent prescribed by rules of court, the Circuit Court shall not have jurisdiction in relation to land the rateable valuation of which exceeds £60. (3) The jurisdiction of the Circuit Court to hear and determine any matter under this Act in relation to land shall be exercised by the judge of the circuit where the land or any part of the land is situate. Appeal and reference to the court. 19.—(1) Any person aggrieved by an order or decision of the Registrar may appeal to the court and the court may annul or confirm, with or without modification, the order or decision. (2) Whenever the Registrar entertains a doubt as to any question of law or of fact arising in the course of registration under this Act, he may make an order referring the question to the court. (3) In any proceeding under this section the court shall, if so requested by the Registrar, and may in any case, if necessary, appoint a guardian or other person to represent any infant, person of unsound mind, person absent from the State, unborn person or person as to whom it is not known whether he is alive or dead; and, if satisfied that the interests of any person so represented are sufficiently protected by the representation, may make an order declaring that he shall be conclusively bound by the decision of the court and thereupon he shall, subject to the right under this Act to appeal on special leave, be bound accordingly, as if he were a party. Enforcement by High Court of order of Registrar. 20.—If any person disobeys an order of the Registrar made in pursuance of this Act, the Registrar may certify the disobedience to the High Court and thereupon the person guilty of the disobedience may, subject to his right of appeal to that Court from such order, be punished by the Court as if the order of the Registrar were the order of the Court. Registering authority to obey order of court. 21.—(1) A registering authority shall obey the order of a court of competent jurisdiction in relation to registered land. (2) The Registrar may, where he considers it necessary, apply to the court which has made such order either to vary the same or to give directions as to the mode in which it is to be obeyed; and thereupon the court, after such notice, if any, as it may direct, may vary such order in such manner, or make such new order, as it may think fit. Power of court in action for specific performance. 22.—Where an action is instituted for the specific performance of a contract relating to registered land or a registered charge, the court before which the action is pending may cause all or any parties who have registered rights in the land or charge, or have entered cautions or inhibitions against the same, to appear in the action and show cause why the contract should not be specifically performed, and the order of the court in the action shall be binding on those parties or any of them. PART III Registration of Ownership Compulsory Registration Compulsory registration. 23.—(1) The registration of the ownership of freehold land shall be compulsory in the following cases— (a) where the land has been, or is deemed to have been, at any time sold and conveyed to or vested in any person under any of the provisions of the Land Purchase Acts or the Labourers Acts, 1883 to 1962; (b) where the land is acquired, after the commencement of this Act, by a statutory authority; (c) in any case to which subsection (2) of section 24 applies. (2) The registration of the ownership of a leasehold interest shall be compulsory in the following cases— (a) where the interest is acquired, after the commencement of this Act, by a statutory authority; (b) in any case to which subsection (2) of section 24 applies. (3) The provisions of this Act in relation to registration of ownership do not apply to an estate or interest in reversion, remainder or expectancy. Extension of compulsory registration. 24.—(1) The Minister for Justice may by order provide that this section shall apply to any county or county borough or any portion thereof on and after a specified day, not being earlier than six months after the making of the order. (2) In an area to which this section applies the registration of ownership shall, if not already compulsory, become compulsory— (a) in the case of freehold land, upon conveyance on sale; (b) in the case of a leasehold interest, on the grant or assignment on sale of such an interest. (3) In this Part “conveyance on sale” and “assignment on sale” mean an instrument made on sale for money or money's worth by virtue of which there is conferred or completed a title in respect of which an application for registration as owner may be made, and include a conveyance or assignment by way of exchange where money is paid for equality of exchange and also include any contract, agreement, condition or covenant affecting the property comprised in the conveyance or assignment and entered into or made as part of, or in association with, such conveyance or assignment. Effect of failure to register where registration compulsory. 25.—In any case in which registration becomes compulsory, a person (other than the Land Commission) shall not, under any conveyance on sale of freehold land or grant or assignment on sale of a leasehold interest executed thereafter, acquire the estate or interest purported to be conveyed, granted or assigned unless, within six months after such conveyance, grant or assignment (or at such later time as the Registrar or, in case of his refusal, the court may sanction in any particular case), he is registered as owner of such freehold land or leasehold interest but, on being so registered, his title shall relate back to the date of the execution of the conveyance or the date of the grant or assignment, and any dealings with the land before the registration shall have effect accordingly. Registration by Land Commission. 26.—(1) In the case of any land to which paragraph (a) of subsection (1) of section 23 applies sold or conveyed to or vested in or deemed to be sold or conveyed to or vested in a purchaser under the Land Purchase Acts prior to the 1st day of January, 1892, the Land Commission, in order that the registration of the ownership of the lands may be effected, may transmit to the Registrar the prescribed particulars respecting the land and the name of the person appearing to them to be in possession thereof and the Registrar shall thereupon register that person as the owner of the land. (2) Subject to subsection (1), whenever the Land Commission vest land in a purchaser under the Land Purchase Acts by vesting order, or other instrument, they shall forthwith furnish to the Registrar such documents as may be prescribed for the purpose of registration and thereupon the Registrar shall register the ownership of the person named in the said instrument, in accordance with the provisions of this Act. (3) The ownership of every person so registered shall, unless the Registrar is satisfied that the grant of an absolute or qualified title is warranted, be registered with a possessory title. (4) In the case of unregistered land to which subsection (2) applies, the following provisions shall have effect— (a) such land shall, on and after the date of the instrument, be deemed to be registered land within the meaning of this Act and this Act shall apply to such land accordingly; (b) such land shall, on and after the date of the instrument, be exempt from the provisions of the Acts relating to the Registry of Deeds. General Provisions as to Registration Classes of owners who may be registered. 27.—A person may be registered— (a) as full owner of freehold land, that is to say, as tenant in fee simple; (b) in the case of settled freehold land, as limited owner thereof, that is to say, as tenant in tail or tenant for life or as having under the Settled Land Acts the powers of a tenant for life; (c) as full owner of a leasehold interest, that is to say, as the person in whom the leasehold interest is vested in possession; or (d) in the case of a settled leasehold interest, as limited owner of the interest, that is to say, as tenant for life or as having under the Settled Land Acts the powers of a tenant for life. Land certificate. 28.—On registration of a person as owner of land, the Registrar shall deliver to him a certificate in the prescribed form (in this Act referred to as a “land certificate”) of his title to the land. Rectification on amendment of vesting order. 29.—Where an order is made under section 30 of the Land Act, 1931 , amending a vesting order, the Registrar shall on the lodgment with him of an office copy of the order rectify the register in conformity with the vesting order as so amended. Fraudulent dispositions and entries. 30.—(1) Subject to the provisions of this Act with respect to registered dispositions for valuable consideration, any disposition of land or of a charge on land which if unregistered would be fraudulent and void, shall, notwithstanding registration, be fraudulent and void in like manner. (2) Any entry, erasure or alteration in the register made by fraud shall be void as between all parties or privies to the fraud. Conclusiveness of register. 31.—(1) The register shall be conclusive evidence of the title of the owner to the land as appearing on the register and of any right, privilege, appurtenance or burden as appearing thereon; and such title shall not, in the absence of actual fraud, be in any way affected in consequence of such owner having notice of any deed, document, or matter relating to the land; but nothing in this Act shall interfere with the jurisdiction of any court of competent jurisdiction based on the ground of actual fraud or mistake, and the court may upon such ground make an order directing the register to be rectified in such manner and on such terms as it thinks just. (2) The validity of registration of ownership of unregistered land shall not be affected by reason that the person thereby shown to be registered as owner was then dead and any person who proves to the satisfaction of the Registrar that he is entitled to the land may be registered as owner thereof. Rectification of errors in registration. 32.—(1) Where any error originating in the Land Registry (whether of misstatement, misdescription, omission or otherwise, and whether in a register or in a registry map) occurs in registration— (a) the Registrar may, with the consent of the registered owner of the land and of such other persons as may appear to be interested, rectify the error upon such terms as may be agreed to in writing by the parties; (b) the court, if it is of opinion that the error can be rectified without injustice to any person, may order the error to be rectified upon such terms as to costs or otherwise as it thinks just. (2) Where an error is rectified in accordance with the foregoing provisions and the error also occurs in the land certificate delivered on the occasion of the registration, the Registrar shall issue a new land certificate in the prescribed form and cancel the old certificate and for that purpose may order any person having possession of the old certificate to deliver it to the Registrar. (3) The issue of the new certificate shall be without prejudice to any claim of lien or other claims thereon, which shall attach to it as if it were the old certificate, and shall be on such terms as to costs as the Registrar thinks just. Freehold Land Classes of title which may be registered. 33.—(1) On registration of the ownership of unregistered freehold land, a person may be registered with an absolute title, a qualified title or a possessory title. (2) An application for registration may be made by such person, and shall be made in such form and be accompanied by such evidence of title, as may be prescribed. (3) The application shall be made for registration with an absolute title or with a possessory title. (4) The applicant shall be registered as owner with an absolute title where the title is approved by the Registrar. (5) If, on an application for registration with an absolute title, it appears to the Registrar that the title can be established only for a limited period or only subject to certain reservations, the Registrar may, by an entry made in the register, except from the effect of registration any right— (a) arising before a specified date, or (b) arising under a specified instrument, or (c) otherwise particularly described in the register, and the title registered subject to any such exception shall be called a qualified title. Where the registration of ownership is not compulsory the Registrar shall not exercise his powers under this subsection without the consent of the applicant. (6) The applicant may be registered as owner with a possessory title on giving such evidence of title as may be prescribed. (7) If, on an application for registration with an absolute title, the Registrar is not satisfied that either an absolute or a qualified title would be warranted, he may register the applicant as owner with a possessory title. Where the registration of the ownership is not compulsory, the Registrar shall not exercise his powers under this subsection without the consent of the applicant. (8) If, on an application for registration with a possessory title, the Registrar is satisfied that an absolute or qualified title would be warranted, he may register the applicant as owner with such a title, whether the applicant consents or not. Registration of burdens. 34.—On first registration of ownership of freehold land, the Registrar shall enter on the register all burdens which appear on examination of the title to affect the land, except those to which, though not registered, the land is subject by virtue of section 72. Registration subject to, or free from, equities. 35.—Where, immediately before the commencement of this Act, the registration of ownership of freehold land was noted as being subject to any rights or equities, pursuant to subsection (3) of section 29 of the Act of 1891, the title to the land shall be deemed to be a possessory title. Where it was not so noted, the title shall, subject to section 36, be deemed to be an absolute title. Effect of previous registration with qualified or possessory title. 36.—Where, immediately before the commencement of this Act, the registration of ownership of freehold land was with a qualified or possessory title, the title to the land shall be deemed to be a qualified or possessory title, as the case may be, within the meaning of this Act. Effect of registration with absolute title. 37.—(1) On registration of a person as full owner of freehold land with an absolute title, an estate in fee simple in the land, together with all implied or express rights, privileges and appurtenances belonging or appurtenant thereto, shall vest in the person so registered. (2) On registration of a person as limited owner of freehold land with an absolute title, an estate in fee simple in the land, together with all implied or express rights, privileges and appurtenances belonging or appurtenant thereto, shall vest in the person so registered and the other persons entitled to the several estates and interests comprised in the subject of the settlement collectively, according to such estates and interests respectively. (3) In either case, the estate of the registered owner shall be subject to— (a) the burdens, if any, registered as affecting the land, and (b) the burdens to which, though not registered, the land is subject by virtue of section 72, but shall be free from all other rights, including rights of the State. (4) If the registered owner holds the land as trustee, nothing in this section shall affect his duties or liabilities as such trustee. Effect of registration with possessory title. 38.—(1) The registration of a person as first registered full or limited owner of freehold land with a possessory title shall not affect or prejudice the enforcement of any right adverse to or in derogation of the title of that person and subsisting or capable of arising at the time of registration, but, save as aforesaid, shall have the same effect as registration with an absolute title. (2) “Right” in subsection (1) includes any rights or equities existing by reason of the interest of such owner being deemed to be a graft upon his previous interest in the land, and a reference in any other enactment to land registered subject to equities shall include land the registration of which is subject to any such rights or equities by virtue of that subsection. Effect of registration with qualified title. 39.—The registration of a person as first registered full or limited owner of freehold land with a qualified title shall have the same effect as registration with an absolute title, save that registration with a qualified title shall not affect or prejudice the enforcement of any right appearing by the register to be excepted. Leasehold Interests Classes of title which may be registered. 40.—(1) On registration of the ownership of an unregistered leasehold interest, a person may be registered with an absolute title, a good leasehold title, a qualified title or a possessory title. (2) An application for registration may be made by such person, and shall be made in such form and be accompanied by such evidence of title, as may be prescribed. (3) The application shall be for registration with an absolute title, a good leasehold title or a possessory title. (4) The applicant shall be registered as owner with an absolute title where the title both to the leasehold interest and to the freehold estate, and to any intermediate leasehold interest that may exist, is approved by the Registrar. (5) The applicant shall be registered as owner with a good leasehold title where the title to the leasehold interest is approved by the Registrar. (6) If, on an application for registration with an absolute title or a good leasehold title, it appears to the Registrar that the title, either of the lessor to the reversion or of the lessee to the leasehold interest, can be established only for a limited period, or only subject to certain reservations, the Registrar may, by an entry made in the register, except from the effect of registration any right— (a) arising before a specified date, or (b) arising under a specified instrument, or (c) otherwise particularly described in the register, and a title registered subject to any such exception shall be called a qualified title. Where the registration of the ownership is not compulsory, the Registrar shall not exercise his powers under this subsection without the consent of the applicant. (7) The applicant may be registered as owner with a possessory title on giving such evidence of title as may be prescribed. (8) If, on an application for registration with an absolute title or with a good leasehold title, the Registrar is not satisfied that the grant of an absolute, good leasehold or qualified title would be warranted, he may register the applicant as owner with a possessory title. Where the registration of the ownership is not compulsory, the Registrar shall not exercise his powers under this subsection without the consent of the applicant. (9) If, on an application for registration with a possessory title, the Registrar is satisfied that the grant of an absolute, good leasehold or qualified title would be warranted, he may register the applicant as owner with such a title, whether the applicant consents or not. Registration of burdens. 41.—On first registration of ownership of a leasehold interest, the Registrar shall enter on the register all burdens which appear on examination of the title to affect the interest, except those to which, though not registered, the interest is subject by virtue of section 72. Previous registration with, and without, note as to lessor's title. 42.—Where, immediately before the commencement of this Act, the registration of ownership of a leasehold interest contained a note to the effect that the title of the lessor to make the lease had been investigated and found to be good and valid, the title to the leasehold interest shall be deemed to be an absolute title. Where there is no such note, the title shall, subject to section 43, be deemed to be a good leasehold title. Effect of previous registration with qualified or possessory title. 43.—Where, immediately before the commencement of this Act, the registration of ownership of a leasehold interest was with a qualified or possessory title, the title to the land shall be deemed to be a qualified or possessory title, as the case may be, within the meaning of this Act. Effect of registration with absolute title. 44.—(1) On registration of a person as full owner of a leasehold interest with an absolute title, the leasehold interest, together with all implied or express rights, privileges and appurtenances attached to it, shall vest in the person so registered. (2) On registration of a person as limited owner of a leasehold interest with an absolute title, the leasehold interest, together with all implied or express rights, privileges and appurtenances attached to it, shall vest in the person so registered and the other persons entitled to the several estates and interests comprised in the subject of the settlement collectively, according to such estates and interests respectively. (3) In either case, the interest of the registered owner shall be subject to— (a) the burdens, if any, registered as affecting the interest, (b) the burdens to which, though not registered, the interest is subject by virtue of section 72, and (c) all implied and express covenants, obligations and liabilities incident to the registered interest, but shall be free from all other rights, including rights of the State. (4) If the registered owner holds the interest as trustee, nothing in this section shall affect his duties or liabilities as such trustee. Effect of registration with good leasehold title. 45.—The registration of a person as first registered full or limited owner of a leasehold interest with a good leasehold title shall not affect or prejudice the enforcement of any right adverse to or in derogation of the title of the lessor to grant the lease, but, save as aforesaid, shall have the same effect as registration with an absolute title. Effect of registration with possessory title. 46.—The registration of a person as first registered full or limited owner of a leasehold interest with a possessory title shall not affect or prejudice the enforcement of any right (whether in respect of the lessor's title or otherwise) adverse to or in derogation of the title of that person and subsisting or capable of arising at the time of registration but, save as aforesaid, shall have the same effect as registration with an absolute title. Effect of registration with qualified title. 47.—The registration of a person as first registered full or limited owner of a leasehold interest with a qualified title shall not affect or prejudice the enforcement of any right appearing by the register to be excepted, but, save as aforesaid, shall have the same effect as registration with an absolute title or a good leasehold title, as the case may be. Transfer of land from leasehold to freehold register. 48.—Where a registered leasehold interest is converted under the provisions of any Act into a fee farm grant or grant in perpetuity, the Registrar shall note on the register in the prescribed manner the fact of such conversion, and provision shall be made by general rules for the transfer, on the prescribed examination of title, of land from the register of owners of leasehold interests to the register of owners of freehold land, but, until such transfer is made, the registered owner of the leasehold interest shall not, under the provisions of this Act, have any further or other title to the land than he would have had if the leasehold interest had not been so converted. Title under Statute of Limitations Registration of title acquired by possession. 49.—(1) Subject to the provisions of this section, the Statute of Limitations, 1957 , shall apply to registered land as it applies to unregistered land. (2) Where any person claims to have acquired a title by possession to registered land, he may apply to the Registrar to be registered as owner of the land and the Registrar, if satisfied that the applicant has acquired the title, may cause the applicant to be registered as owner of the land with an absolute, good leasehold, possessory or qualified title, as the case may require, but without prejudice to any right not extinguished by such possession. (3) Upon such registration, the title of the person whose right of action to recover the land has expired shall be extinguished. (4) Section 24 of the Statute of Limitations, 1957 , is hereby amended by the substitution, for “section 52 of the Act of 1891”, of “section 49 of the Registration of Title Act, 1964”. Conversion of Registered Title Conversion of registered title into absolute or good leasehold. 50.—(1) In the case of land which is registered with a qualified, good leasehold or possessory title, the Registrar may, either on his own initiative or on an application by the registered owner or other person entitled, if he is satisfied as to the title, register the title as absolute or good leasehold, as the case may require or admit. (2) The following provisions shall apply to registered land, other than land registered pursuant to subsection (1) of section 23 of the Act of 1891 or section 26 of this Act: (a) where the title registered is possessory, an application for the registration of a transfer for valuable consideration or other disposition for value shall, subject to any provisions to the contrary which may be prescribed, be accompanied by all the documents of or relating to the title (including contracts, abstracts, counsel's opinions, requisitions and replies, and other like documents) in the applicant's possession or under his control, together with such affidavit as may be prescribed; and where the title registered is qualified, the application shall be accompanied by such documents, if any, as may relate to the matters excepted from the effect of registration, together with such affidavit as may be prescribed; (b) in any case to which paragraph (a) applies, the Registrar may refuse or postpone the registration until all the required documents have been submitted to him; (c) where the land has been registered for fifteen years, with a possessory title, the Registrar shall, in any case to which paragraph (a) applies, if satisfied that the registered owner is in possession and after giving such notices, if any, as may be prescribed, register the title as absolute in the case of freehold land or as good leasehold in the case of leasehold land. (3) The following provisions shall apply to land registered pursuant to subsection (1) of section 23 of the Act of 1891 or section 26 of this Act— (a) where the title registered is or is deemed to be possessory and the ownership of the land has been registered for more than thirty years, the Registrar may, on the registration of a disposition or transmission on death, if satisfied from the entries in the register or otherwise that no right adverse to or in derogation of the title of the registered owner and protected by the possessory title subsists, register the title as absolute; (b) where— (i) the title registered is or is deemed to be possessory, and (ii) the ownership of the land has been registered for more than twelve years, and (iii) an application is made for the registration of a transfer for valuable consideration or other disposition for value, and (iv) a registered transfer for valuable consideration has been made after the first registration of the land but not less than twelve years prior to the application, the Registrar may, if satisfied from the entries in the register or otherwise that no right adverse to or in derogation of the title of the registered owner and protected by the possessory title subsists, register the title as absolute; (c) the Registrar may, in any case to which paragraph (b) applies, require the applicant to produce such evidence of the title as the Registrar thinks proper and he may refuse or postpone the registration until his requirements have been complied with. (4) If any claim adverse to the title of the owner has been made, registration under this section shall not be made unless and until the claim has been disposed of. (5) Where a person other than the owner suffers loss by reason of any registration under this section, section 120 shall have effect as if an error had been made originating in the Land Registry. Transfers Transfer of registered land. 51.—(1) Subject, in the case of a limited owner, to the Settled Land Acts, a registered owner of land may transfer the land or any part thereof, and the transferee shall be registered as owner of the land transferred. (2) There shall be executed on the transfer an instrument in the prescribed form, or in such other form as may appear to the Registrar to be sufficient to convey the land, but until the transferee is registered as owner of the land transferred, that instrument shall not operate to transfer the land. (3) On registration of the transferee, the Registrar shall deliver to him a land certificate. (4) Where part only of the land is transferred, the Registrar shall either allow the transferor to retain his land certificate with an entry therein as to the part transferred, or deliver to him a new land certificate in respect of the land retained by him. Effect of transfer of freehold land with absolute title. 52.—(1) On the registration of a transferee of freehold land as full owner with an absolute title, the instrument of transfer shall operate as a conveyance by deed within the meaning of the Conveyancing Acts, and there shall be vested in the registered transferee an estate in fee simple in the land transferred, together with all implied or express rights, privileges and appurtenances belonging or appurtenant thereto, subject to— (a) the burdens, if any, registered as affecting the land, and (b) the burdens to which, though not so registered, the land is subject by virtue of section 72, but shall be free from all other rights, including rights of the State. (2) Where, however, the transfer is made without valuable consideration, it shall, so far as concerns the transferee and persons claiming under him otherwise than for valuable consideration, be subject to all unregistered rights subject to which the transferor held the land transferred. (3) On the registration of a transferee of freehold land as limited owner with an absolute title under a settlement, the registration shall have the same effect as in the case of a transferee registered as full owner with an absolute title, except that the estate in fee simple (together with all implied or express rights, privileges and appurtenances) conferred by the registration shall vest in the transferee and the other persons entitled to the several estates and interests comprised in the subject of the settlement collectively, according to such estates and interests respectively. Effect of transfer of freehold land with possessory title. 53.—In the case of freehold land registered with a possessory title, a transfer of the land shall not affect or prejudice the enforcement of any right adverse to or in derogation of the title of the first registered owner and subsisting or capable of arising at the time of the registration of such owner, including any rights or equities existing by reason of the interest of such owner being deemed to be a graft upon his previous interest in the land, but, save as aforesaid, such transfer shall, when registered, have the same effect as if the land were registered with an absolute title. Effect of transfer of freehold land with qualified title. 54.—In the case of freehold land registered with a qualified title, a transfer of the land shall, when registered, have the same effect as it would have had if the land had been registered with an absolute title, save that such transfer shall not affect or prejudice the enforcement of any right appearing by the register to be excepted. Effect of transfer of leasehold interest with absolute title. 55.—(1) On the registration of a transferee of a leasehold interest as full owner with an absolute title, the instrument of transfer shall operate as a conveyance by deed within the meaning of the Conveyancing Acts, and there shall vest in the registered transferee the leasehold interest so transferred, together with all implied or express rights, privileges and appurtenances attached to it, subject to— (a) the burdens, if any, registered as affecting the interest, (b) the burdens to which, though not registered, the interest is subject by virtue of section 72, and (c) all implied and express covenants, obligations and liabilities incident to the interest transferred, but free from all other rights, including rights of the State. (2) Where, however, the transfer is made without valuable consideration, it shall, so far as concerns the transferee and persons claiming under him otherwise than for valuable consideration, be subject to all unregistered rights subject to which the transferor held the interest transferred. (3) On the registration of a transferee of a leasehold interest as limited owner with an absolute title under a settlement, the registration shall have the same effect as in the case of a transferee registered as full owner with an absolute title, except that the leasehold interest (together with all implied or express rights,privileges and appurtenances) conferred by the registration shall vest in the transferee and the other persons entitled to the several interests comprised in the subject of the settlement collectively, according to such interests respectively. Effect of transfer of leasehold interest with good leasehold title. 56.—In the case of a leasehold interest registered with a good leasehold title, a transfer of the interest shall, when registered, have the same effect as it would have had if the interest had been registered with an absolute title, save that it shall not aff …