First Registration in Form 3

  1. Scope of this Practice Direction

This Practice Direction deals with applications for first registration based on a solicitor’s certificate in Form 3 pursuant to Rule 19(3) of the Land Registration Rules 2012 and applications by statutory authorities pursuant to Rule 19(4) of the Land Registration Rules 2012.

  1. Legislation referred to
    1. Registration of Title Act, 1964 – “1964 Act”
    2. Land Registration Rules 2012 (S.I. 483/2012) – “2012 Rules”
    3. Land Registration Rules 2013 (S.I. 389/2013) – “2013 Rules”

  1. Applications that may be registered under Form 3 procedures

Rule 19(3) of the 2012 Rules provides that on a sale where the purchase money does not exceed €1,000,000 that the Authority may register a title as Absolute, Qualified or Good Leasehold, as appropriate.

Rule 19(4) of the 2012 Rules provides that where property is acquired by a statutory body and the purchase money or compensation does not exceed €1,000,000 the Authority may register the title as Absolute, Qualified or Good Leasehold, as appropriate.

An application under Form 3 should not be accepted where;

      1. In the case of Rule 19(3), if it is not a sale (for example, a voluntary conveyance/assignment, or an exchange with no money paid in equality of exchange). Note that Rule 19(4) does not require the transaction to be a sale.
      2. The consideration is over €1,000,000
      3. In the case of Rule 19(3), the deed is over 5 years old
      4. The application is for a possessory title
      5. The purchase money has not all been paid over prior to the application (Note Paragraph 5 in Form 3)
      6. The prior title (or part of it) was based on possession
      7. The applicant is not in a position to lodge the original deed (for example, if it has been lost)
      8. Where the solicitor certifying the title is a party to the transaction
      9. Where the following issues are disclosed, whether in recitals or otherwise
        1. That title is subject to any unexplained rents or covenants
        2. Where any intermediate or other interest has been forfeited or surrendered
        3. Where the interest being conveyed/assigned is the lessee’s interest under a renewable Lease
        4. Where a step in the prior title is impossible or erroneous
        5. Where there is an enlargement of an existing interest (see also Paragraph 4)

Where there is doubt as to whether an examination of title is merited in any particular case, the application should be passed to the line manager for consideration as to whether such examination is actually required prior to passing it to the Legal Services Unit.

  1. Interest passing

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