Conversion of Title

• Original version: <a href='/vid/conversion-of-title-907695904'>Conversion of Title</a>

1. General

Property purchased by tenant farmers under the Land Purchase Acts was compulsorily registerable on the freehold register by virtue of section 23 of the Registration of Title Act 1891.

The Land Commission vested the property in the tenant farmer by means of a conveyance, vesting order or fiated purchase agreement. Application for registration was made by the Land Commission.

The prior title of the tenant farmer was not investigated and so the freehold was vested in the ostensible tenant as a graft on his previous tenancy or other interest. To give effect thereto s/he was registered under section 29 of the 1891 Act ” subject to equities” in order to preserve the interest of any other person who had a title or right to the property.

Under section 35 of the Registration of Title Act 1964, ownership of property that was subject to equities on the 1st January 1967 is deemed to be a “possessory” title. Under the 1964 Act a note that the title is possessory is now entered on the register instead of the note that the title was subject to equities. However, the effect of the notes is the same. Section 38 of the Registration of Title Act 1964 refers.

The register is conclusive evidence of the title of the owner from the date of the vesting order, conveyance or fiated agreement under the Land Purchase Acts, but is not conclusive as to the pre-registration title to the tenancy.

There are three classes of title which relate to freehold, namely absolute, possessory, and qualified. Applications for conversion of title are provided for in section 50 of the Registration of Title Act 1964 and Rules 32 to 39 of the Land Registration Rules 2012, and are usually applications to convert possessory titles to absolute. However, provision is also made for conversion of “qualified” titles.

2. Application for conversion of registered title of property purchased under the Land Purchase Acts where the title registered is possessory or deemed to be possessory and the ownership of the land has been registered for 30 years (Rule 32, 2012 Rules)

Such applications shall be processed in the Dealing Section. The Settling Officer should check the imaged folio to ensure that, if the paper folio was in ancient form, that there are no instruments noted opposite the equity note. It should also be verified that the equity note or possessory title arises from a vesting under the Land Purchase Acts. Generally, any Instruments that are noted opposite the equity note or the title possessory note, should be inspected and a direction sought, if necessary.

The Title Type for the relevant property should be amended in ITRIS under the Part 1 Manage Property tab. The entry of the conversion of title shall be entered on Part 2 of the folio. It should be selected from the drop down list in the Manage Part 2 tab. The date of registration of the conversion of title is the date of settling.

In no case is a Purchase Agreement, rental or other document pertaining to the pre-registration Land Commission proceedings to be requisitioned from the Land Commission Records Branch of the Department of Agriculture Food and Marine.

The Settling Officer in examining the case shall pay particular attention to the registered entries on the folio.

These may disclose a claim adverse to the title of the applicant.

Lites Pendentes, Cautions, Inhibitions and Instruments, noted opposite the equity note are particularly relevant in this regard.

Where an adverse claim is disclosed or where there are pre-registration documents of title such as wills or deeds lodged, the Settling Officer may obtain a direction from the Divisional Manager. Copy Land Commission documents such as Fair Rent Orders or Purchase Agreements are not to be regarded as documents of title for this purpose.

In the case of some property purchased under the Land Purchase Acts a note of the possessory title has prior to 1967 been entered instead of an equity note. This was generally done where the property was vested prior to the Local Registration of Title Act, 1891, and no registration under that Act was applied for by the purchaser. The Land Commission or the Commissioners of Public Works subsequently procured registration by furnishing a certificate specifying the occupant under Rule 224 of the Land Registration Rules 1959 [S.I. No. 96 of 1959].

Such a note may be treated in the same manner as the former equity note.

3. Applications for Conversion of Registered Title of Property Purchased under the Land Purchase Acts where the title registered is possessory or deemed to be possessory and the applicant claims as or through a registered transferee for value who was registered 12 years prior to the date of the application (Rule 33 – 2012 Rules)

Such applications shall be processed in the Dealing Section. The Settling Officer shall associate the Instrument under which the transfer for value was registered. The Settling Officer also should check the imaged folio to ensure that, if the paper folio was in ancient form, that there are no instruments noted opposite the equity note. It should also be verified that the equity note or possessory title arises from a vesting under the Land Purchase Acts. Generally, any Instruments...