First Registration under the Land Purchase Acts

• Original version: <a href='/vid/first-registration-under-the-907695926'>First Registration under the Land Purchase Acts</a>

1. General

1.1 Lodgment of Purchase Agreement/Vesting Order
Immediately upon receipt of Vesting Orders or Fiated Purchase Agreements from the I.L.C., the following practice is to be followed:-

1. Allocate the next number from the “Schedule” reference book.
2. Enter the relevant particulars on the “Schedule” book and on the Estates Card Index.
3. Associate all relevant folios with the Schedules.
4. When consolidations or exchanges are directed with existing folios or an existing Schedule, such consolidation or exchange must be noted at once in pencil on each folio or Schedule. The Local Office must be informed without delay.
5. Schedules should then be directed to Mapping Branch for mapping references.

1.2 Mapping Queries (or other queries)
It is frequently necessary for the Mapping Branch or the Dealings Section to issue queries to the I.L.C. in respect of some of the property in a V.O. before all the property therein can be registered.

Where, for reasons of urgency, it becomes necessary to expedite registration of part of the property comprised in the V.O. the properties in respect of which queries arise should be ruled out in red ink in a print of the V.O. Registration can then proceed in respect of the properties not subject to query.

When the queries have been resolved the properties on another print of the V.O. which have already been registered should be ruled out in red ink and registration of the remaining property completed in the usual manner. Both prints of the V.O. should then be stapled together and filed in the usual manner under the original Schedule number.

Where, for reasons of urgency, it becomes necessary to expedite registration of the property comprised in a particular P.A., registration can be effected in the usual manner. Registration of the other P.A.’s, whether subject to query or not, may be completed in the usual manner at a later date.

1.3 New Dealings Affecting Schedules
When dealings affecting Schedules are accepted for registration, the dealing number must be noted on the Schedule.
On a V.O., the register number is to be circled in pencil and the date of lodgment and number of the dealing entered in the margin.

On a P.A., the register number on the Schedule of fiated P.A.’s i.e. the “yellow list”, should be circled in pencil and the date of lodgment and number of the dealing entered in the margin. Such dealings should be set up by reference to the Schedule number and filed on a special shelf in each Section to await transmission of the Schedule from Mapping Branch.

1.4 Intended Consolidations
When the I.L.C. informs the Authority of forthcoming intended consolidations by way of A & R Revesting Forms 99/130, such consolidations are to be noted in pencil on the folios concerned without delay.

1.5 Cautions against First Registration
The cautions book is to be examined to ascertain whether any caution against the first registration of the land now being vested by I.L.C. has been lodged.

This search must be conducted before the new folio is drafted. If a caution has been lodged, the procedure set out in Practice Direction – Agricultural Credit Corporation Act 1976 should be followed.

The H.E.O. of the Section should be consulted if there is any doubt as to whether or not a caution lodged affects the vested land.

A further search in the cautions book must be made before the new folio is sealed.

1.6 Drafting the new folio
Sample entries for rights specified in a P.A./V.O. are set out in the Key to Draft Entries.

1.7 Registry of Deeds – Searches andMemorials
The property is deemed to be registered as of the date of vesting and no search is therefore necessary.

Registry of Deeds – Memorials are not required to be filed.

1.8 Closing the Register
After the 1st January, 1967, registered property cannot be removed from the register. Any application for the closing of the register is to be refused. This, however, does not limit the powers of the I.L.C. or the Court to amend/cancel V.O.’s erroneously made. See section 30 of the Land Act, 1931.

2. Application by the Land Commission in respect of property purchased under the Land Acts prior to the 1st January 1892

See Registration of Title Act, 1964, section 26 (1) and Land Registration Rules, 2012,Rule 20 (1)

When the land has been purchased under the Land Purchase Acts prior to the 1st January, 1892, application for registration is normally made by the purchaser or his successors in title (Rule 14). These applications are dealt with by Examiners.

The Land Commission can also apply for registration in these cases. Such application by the Land Commission shall be inLR Form 4of the Land Registration rules, 2012, and must be accompanied by a plan of the property drawn on the current largest scale map published by the Ordnance Survey (Rule 20). These applications are dealt with by the Sections.

The officer in charge shall ensure that the application by the Land Commission is:-

1. set up as a dealing
2. numbered and
3. sent to Mapping Branch for mapping references.

If an original Conveyance/Charging Order is lodged, it should be filed as part of the Instrument.

In all cases, registration is to be effected subject to:

• the usual Devolution Note under Part II of the Succession Act, 1965.
• the usual Prohibition Note under sections 12 and 45 of the Land Act, 1965, (where appropriate).
• the usual entry of I.L.C. annuity, if applicable.

Particulars of the property, area, etc., are set out in Part I of the Schedule to LR Form 4.

The occupier whose name, address, and description, are set out in said LR Form 4 is to be registered as full owner with Possessory title.

Appurtenant rights of turbary or grazing referred to on the Form are to be registered as a general entry on the folio.

3. Vesting by the Land Commission in respect of property purchased under the Land Acts after 1st January 1892

3.1 Where no consolidation is ordered
The procedure set out at 2 supra, mutatis mutandis, is to be followed.

The person in whom the property is vested is to be registered as full owner with Possessory Title. In some cases, the I.L.C. may vest property in a limited owner.

It should be noted that a V.O. may authorise the registration of appurtenant rights or burdens other than the Land Purchase Annuity.

Appurtenant rights:
Appurtenant rights are to be entered in Part 1 of the Folio. If they are appurtenant to part of the property only, this is to be clearly shown in the entry.

Burdens:
Burdens, the registration of which is authorised by the V.O., are to be entered in Part 3 of the folio in accordance with the existing practice.

Ultimate Consolidations:

• If the V.O. discloses that the property is intended for ultimate consolidation with other unregistered property, the note that the property is subject to the provisions contained in Section 6 of the Land Act, 1946, is to be entered in Part 3 of the folio in accordance with the present practice. (See Entry No. 29 on “Key”).
• If the V.O. shows that the property is intended to be ultimately consolidated with a cottage purchased under the Labourers’ Acts, the existing practice relating to the entry of inhibitions is to be continued.

Land Reclamation Charges:
Where reference is made in the V.O. to a Charging Order under the Land Reclamation Acts, 1949, such Charging Order must be requisitioned from the I.L.C., if not already lodged.

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