Gardiner v Irish Land Commission

• Jurisdiction: Ireland
• Judgment Date: 01 January 1976
• Date: 01 January 1976
• Court: High Court

(H.C.)

Gardiner

and

Irish Land Commission

Registered land - Transfer - Loss of original conveyance - Refusal of registrar to register transfer - Copy conveyance available - Appeal to High Court - Registration of Title Act, 1964 (No. 16). s. 19.

The document by which certain registered land had been conveyed to the appellant had been lost. The registrar of titles refused to register the appellants as owners of the land although they had furnished a copy of that document with their application. On appeal to the High Court by the appellants it was Held, by Butler J., in allowing the appeal, 1, that the registrar should register the appellants as owners of the lands in accordance with the terms of the lost conveyance as evidenced by the copy thereof. Semble: The registrar has power to effect registration on the strength of a copy conveyance if there is evidence that the original conveyance was duly executed, that the parties...