Court Cases and Procedures

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1. General

1.1 Land Registry Court Registrar
One of the Examiners of Titles is appointed to act as the Land Registry’s Court Registrar, and the following matters are referred to him:

1. Applications to the High Court to dispense with extraction of Grants under section 61(7) of the R.O.T. Act, 1964. (See Chapter 2).
2. Applications to Court following disobedience to the Order of the Registrar of Titles to produce Land Certificate. (See Chapter 3).
3. Referral to Court under section 19(2), R.O.T. Act, 1964. (See Chapter 5).
4. Appeals to Court under section 19(1), R.O.T. Act, 1964. (See Chapter 5).
5. Appeals against determinations by the Registrar of Titles of claims for compensation under section 120, R.O.T. Act, 1964. (See Chapter 5(6)).
6. Miscellaneous other applications by Notice of Motion. See Order 96 , r. 2,Rules of the Superior Courts, 1986.

Applications to Court by the owner of a charge for possession of registered land are made by special summons lodged in the Central Office of the High Court not with the Land Registry Court Registrar (096 r. 15).

1.2 Civil Bills and Summonses
The Deputy Registrar or Court Registrar should immediately be consulted on service on or receipt by any Registry Official of a civil bill or summons naming the Registrar of Titles or any of his staff as defendant or a summons requiring the Registrar or an official of the Registry to appear as a witness and/or produce documents.

If the Registrar is named as defendant in a matter concerning the amendment of a folio of the Register, the Deputy Registrar will decide whether or not to enter an appearance in the matter. If it is decided to do so, the Chief State Solicitor is instructed to enter such appearance on behalf of the Registrar. Alternatively, the Chief State Solicitor may be asked to keep a watching brief on the proceedings, or the Registrar may not deem it necessary to issue any instruction in the matter.

In the case of witness summons, the Registrar will appoint an official of the Land Registry to appear, providing reasonable expenses have been tendered by the person serving the summons.

Where officers so deputed attend Court to produce documents, the only function in attending is to produce the document and the officer is not obliged to answer questions on the interpretation or construction of such documents. It should, if necessary, be stated to the Court by the officer that he or she has no competence to do so. Such summons may also involve production of Land Registry Maps in Court.

1.3 Court Applications pending
Applications (including appeals) to Court, even though made through the Land Registry, are not dealings pending on the Register and notice thereof is not entered on the folio under Rule 59.

A litigant in order to obtain an entry on the folio in respect of the proceeding would be required to lodge a lis pendens under Rule 119 in order to give effective notice of a court application.

A transfer or other dealing by the registered owner may be completed notwithstanding an application pending to Court.

A dealing referred to Court under section 19(2) of the Act, however, remains a “dealing pending” until completed.

1.4 Persons authorised to sign Orders of Registrar
The Minister for Justice may, under section 13(1) of the Registration of Title Act, 1964, authorise other officers to exercise the powers of the Registrar of Titles including the power to sign Orders of the Registrar.

At present the following officers are so authorised:

The Deputy Registrars and Paul Doyle.

2. Dispensing with Extraction of Grants (section 61(7) Registration of Title Act 1964)

(i) The application is by notice of motion. Such notice is lodged in the Land Registry with the Court Registrar in the case of an application to the High Court, but is lodged with the County Registrar in the case of an application to the Circuit Court.

(ii) The applicant’s solicitor or counsel consults the Land Registry Court Registrar (or the County Registrar) about the date to be specified in the notice of motion.

(iii) The Land Registry’s Court Registrar (after consulting the Judges Court Registrar), fixes the date and notes the name of counsel who will be appearing (for the judge’s information).

(iv) Any person who is or may be affected by the relief claimed must be named as respondent in the notice of motion (O. 96, r 4. Rules of Superior Courts, 1986) and must be served with the notice (O. 96, r. 8.). The notice is usually served by sending a copy thereof together with a copy of each affidavit intended to be used in support thereof to the notice party by registered post six clear days at least before the hearing. The Land Registry’s Court Registrar may also direct that service be made on any persons appearing to him to be affected. The judge may, in any case, direct service to be made in some other fashion (0.96, r.8) or may dispense with service (0.96, r.11). An Affidavit of service should be lodged with the Land Registry’s Court Registrar. Said affidavit may be lodged at the same time as the notice of motion and grounding affidavit.

(v) The notice of motion together with a grounding affidavit should be lodged with the Court Registrar, if possible seven clear days before the date of the hearing. If not lodged within seven clear days, it is often convenient for the Court Registrar to abridge the time and proceed anyway on the date fixed (0.96, r.7, Rules of the Superior Courts). A fee payable to the Authority is taken both on the notice of motion and on the grounding affidavit which is validated on the original documents.

(vi) The Land Registry’s Court Registrar examines the documents and Folio; checks that the application comes within the terms of the subsection; notes any difficulty or any doubt as to the applicant’s entitlement to the property; calls these to the Solicitor’s attention so that he may deal with them either by supplementary affidavit or in Court.

(vii) Court Registrar mentions the case to the judge some days before the hearing and informs him of any likely difficulties. The judge may be asked if he requires oral evidence on any point. The judge will indicate when he will wish to see the papers. (Usually 10 minutes before the hearing).

(viii) On the last week day preceding the hearing, the Land Registry’s Court Registrar arranges for entry of the case on the Legal Diary for the date of the hearing.

(ix) The Legal Diary is available on the internet at www.courts.ie. Court Registrar sees the Judge in his chambers at the time appointed, shows the Judge the papers, calling his attention to any problems, and then proceeds to the Court, checks if counsel is in Court, if possible, before Court commences sitting.

(x) When called, the case will usually be dealt with swiftly. Counsel reads the application and Judge orders registration of the applicant.

(xi) The Land Registry’s Court Registrar drafts the order on Form 0/84 as per precedents in Judges Order Book and has same typed on Form 0/85 in duplicate, both of which are signed by the an authorised officer of the Authority and sealed with its seal.

(xii) The Land Registry’s Court Registrar informs applicant that order is ready and that fee should now be paid for the order; and that LR Form 17 and fees for dealing (registration of Court Order) should also be lodged with the Authority.

(xiii) The fee is validated on the duplicate order which will be part of the dealing rather than the duplicate order in the Judges Order Book.

(xiv) The dealing is then set up and settled.

3. Disobedience to Registrar’s Order to Produce Land Certificate

(i) The Registrar of Titles makes an Order to produce the Land Certificate. This contains reference to section 20, R.O.T. Act, 1964, viz, “If it is not produced within the time specified the Registrar will certify your disobedience to the Court on any application made to it under section 20 of the Registration of Title Act, 1964.”

(ii) Applicant’s Solicitor serves the order by delivering a copy of the order to the person to whom it is addressed, showing him the original. He relodges the original in the Land Registry with an endorsement of service on it together with affidavit of service.

(iii) On failure to lodge the Land Certificate after lapse of the period stated in the order, the Notice Clerk passes the case to the Court Registrar, who,

1. drafts a certificate of disobedience,
2. in consultation with the applicant’s Solicitor and the Land Commission Court Registrar fixes a date for the hearing, and,
3. Consults the judge for a direction as to service of notices in the matter. (Since the proceedings may involve imprisonment of the respondent the judge will probably require the notices to be served personally rather than by Registered Post as is usual in Land Registry matters (0.96, r.8, Rules of the Superior Courts 1986.

(iv) The Certificate of disobedience is signed by the Registrar in duplicate and Land Registry seal embossed...