Disability – Persons under a disability

• Original version: <a href='/vid/disability--persons-under-907695916'>Disability – Persons under a disability</a>

1. General

An applicant for registration or a registered owner of land may be under disability in law to deal with property.

Section 102 of the Registration of Title Act 1964 deal with persons under disability (section 101 having been repealed by Schedule 8(3) and Schedule 2 of the Land and Conveyancing Law Reform Act 2009) herein after referred to as the “2009 Act”.

Section 102 of the Registration of Title Act 1964 deals with categories of persons of unsound mind and who may represent them i.e. their committee or guardian appointed under the appropriate provisions of the Lunacy Regulations Ireland) Act 1871 or guardian appointed by the court.

2. Disability of Infancy

Rule 148(1) of the Land Registration Rules 2012 sets out the persons who may represent an infant for the purposes of the Registration of Title Act 1964. It provides that an infant may be represented by his/her guardian (if any) appointed by a court of competent jurisdiction or, if there is no guardian so appointed by his/her parents or by a person who is his/her guardian under the Guardianship of Infants Act 1964, or by trustees under the provisions of section 57 of the Succession Act 1965.

Rule 148(2) provides that where it appears to the Authority in the course of any proceeding under the Registration of Title Act 1964, that the person representing an infant has an interest adverse to, or conflicting with, the interest of the infant or that it is in the interest that some other person should be appointed to represent him/her, the Authority may refuse to proceed until another person is appointed to represent the infant in the proceedings.

Rule 149 of the Land Registration Rules 2012 provides that where there is no person authorised by Rule 148 to represent an infant, or where someone other than such person ought to be appointed, the Authority may appoint a person to represent the infant for all or any of the purposes of the Act.

The application to the Authority for that purpose is to be made in writing and is to be accompanied by the consent to act of the person whom it is proposed to appoint and an affidavit of his/her fitness.

All such applications are to be referred to the Divisional Manager for consideration.

The Age of Majority Act 1985 came into operation on the 1 March 1985 and reduced the age of majority from 21 years to 18 years of age.

Section 2 of the said Act provides that a person attains full age

1. If s/he has already attained the age of 18 years or is or has been married at the date of...