Land Registration Fees Order, 1959

• Jurisdiction: Ireland
• Citation: IR SI 157/1959
• Year: 1959

S.I. No. 157 of 1959.

LAND REGISTRATION FEES ORDER, 1959

I, OSCAR TRAYNOR, Minister for Justice, in exercise of the powers conferred on me by section 8 (1) of the Registration of Title Act, 1891, as amended by section 66 of the Courts of Justice Act, 1936 , and with the consent of the Minister for Finance, hereby order as follows:— 1.—(1) The fees to be charged and taken in the Land Registry in proceedings under the Registration of Title Act, 1891, the Registration of Title Act, 1942 , and the Administration of Estates Act, 1959 , hereinafter called " the Act of 1891 ", " the Act of 1942 " and " the Act of 1959 " respectively, shall be in accordance with this Order and the Schedule thereto, and all such fees shall be payable by means of Land Registry stamps.

(2) In this Order " the 1959 Rules " means the Land Registration Rules, 1959, and any subsequent rules amending or extending the same. 2.—(1) This Order shall come into operation on the 30th day of September, 1959, and may be cited as the Land Registration Fees Order, 1959.

(2) The Land Registration Fee Order, 1944, and the Land Registration Fee Order, 1954, are hereby revoked.

(3) Notwithstanding subparagraphs (1) and (2) of this paragraph, the fee in respect of any transmission on death to a person beneficially entitled of the property of a person dying before the 1st day of June, 1959, shall be the fee (if any) chargeable as if this Order had not been made. 3. For the purposes of any transaction hereinafter mentioned in any subparagraph of this paragraph, " value " shall have the appropriate meaning specified in that subparagraph :

(1) Applications for first registration, for note under section 53 (1) of the Act of 1891 of the validity of a lease, for cancellation of a notice of equities or of possessory or qualified title, and for the examination of title required by section 53 (2) (d) of the Act of 1891—

twenty-five times the amount of the rateable valuation of the property or (as the case may be) twenty-five times the amount of the proportionate part of the rateable valuation in the opinion of the Registrar attributable to the property.

(2) Applications, where the property is not separately valued, for first registration of a leasehold by or on behalf of any person other than the original lessee, for note under section 53 (1) of the Act of 1891 of the validityof a lease, and for the examination of title required by section 53 (2) (d) of the Act of 1891—

(a) twenty times the amount of the rent together with the fine (if any), or

(b) the amount (if any) for which the lessee covenants to insure the premises, whichever is the greater.

(3) Applications for the registration of the ownership of a charge on the register of the property charged where the ownership was not registered at the time of the registration of the charge as a burden or applications for the registration of the ownership of such charge on a subsidiary register—

the value as defined in subparagraph (9) of this paragraph.

(4) Applications for the registration of the ownership of a fee-farm rent or a rentcharge—

twenty times the amount of the fee-farm rent or rentcharge.

(5) Applications for registration of the ownership of an incorporeal hereditament of freehold tenure (other than a fee-farm rent or a rentcharge), for note under rule 222 (b) of the 1959 Rules that the title to make the grant of such hereditament is good, and for registration of the ownership of any other right—

the amount (if any) of the money consideration expressed in the instrument creating the hereditament or right or the amount (if any) of the money consideration expressed in the latest conveyance of the hereditament or right or £150, whichever is the greatest, or, where no consideration is expressed, £150.

(6) Transfers on sale—

the amount of the money consideration expressed in the transfer together with the amount of any registered charge (except a land purchase annuity or a charge under the Small Dwellings Acquisition Acts, 1899 to 1958) subject to which the property is transferred, provided that, where the transfer comprises unregistered property also, the value shall be the proportionate part of the consideration attributable to the registered property only as certified by the solicitor for the applicant or by a person in the opinion of the Registrar competent to value property.

(7) Transfers (other than those for money consideration only), registration of each ownership under a settlement, and exchanges—

the value as determined in accordance with subparagraph (1), (2), (4), (5) or (9) (as the case may be) of this paragraph, and in the case of an exchange involving a money consideration by way of equality the said value as increased by the amount of the money consideration.

(8) Transfers by way of fee-farm grant or any grant reserving a rentcharge—

twenty times the amount of the fee-farm rent or the rentcharge (as the case may be) added to the purchase money, fine or premium (if any) in the transfer.

(9) Money charges (including judgment mortgages)—

(a) where the amount of the charge is a definite sum—the amount secured ;

(b) where the charge is to secure an indefinite sum—the amount covered by the stamp duty ;

(c) where the charge is to secure a life annuity—twelve times the amount of the annual sum payable :

provided that, where the charge is secured also on property other than registered property, the proportionate part of the charge attributable to the registered property only shall be as certified by the solicitor for the applicant or by a person in the opinion of the Registrar competent to value property.

(10) Burdens (other than leases or money charges)—

(a) fee-farm rents and rentcharges—

the value as determined in accordance with subparagraph (4) of this paragraph.

(b) rights of residence, support and similar rights—

the value (as determined in accordance with subparagraph (9) of this paragraph) of the alternative payment (if any) reserved or £150, whichever is the greater, or, where no alternative payment is reserved, £150 ;

(c) easements, profits à prendre, and similar incorporeal rights or hereditaments—

the value as determined in accordance with subparagraph (5) of this paragraph.

(11) Cancellations of burdens (other than leases) not involving investigation of title—

the amount (if any) of the money consideration expressed in the instrument or, where no such consideration is expressed, the value as determined in accordance with subparagraph (4), (5), (9) or (10) (as the case may be) of this paragraph.

(12) Cancellations of burdens (including leases) involving investigation of title—

the amount (if any) of the money consideration expressed in the instrument or, where no such consideration is expressed, the value as determined in accordance with subparagraph (4), (5) or (9) (as the case may be) of this paragraph.

(13) Transmissions on the deaths of registered owners of property—

(a) in the case of land—

the value as determined in accordance with subparagraph (1) of this paragraph ;

(b) in the case of a leasehold where the property is not separately valued—

the value as determined in accordance with subparagraph (2) of this paragraph ;

(c) in the case of a charge or burden—

the value as determined in accordance with subparagraph (4), (5) or (9) (as the case may be) of this paragraph. 4. No fee shall be chargeable for the registration of the ownership of a charge on the register of the property charged where such registration is made at the time of registering the charge as a burden. 5. Where a transfer or a will creates one or more charges or burdens on the lands transferred or devised, or where a transfer and an instrument or instruments charging the property transferred or creating a burden or burdens thereon are lodged at the same time half fees only shall be chargeable for the registration of the charge or burden or for the registration of each charge or burden, as the case may be. 6. Where on a transfer on sale the whole or part of the purchase money is secured by way of a lien, on registration of the transferee full fees shall be chargeable on the full amount of the purchase money together with a fee of 10s. for registration of the lien as a burden. 7. In the case of a transfer or transmission on death of the interest of a person registered as tenant in common, or a transfer of the interest of a person registered as joint tenant, on registration of the transferee or person beneficially entitled fees shall be chargeable only on the value of the interest passing. 8. The fees chargeable in any proceedings shall be in respect of all work done in the Land Registry in those proceedings, including the filing of affidavits, transfers, assents and other documents necessary for the completion of each transaction. 9. Where an application for registration of a transaction is abandoned or withdrawn, or where registration is refused, the Registrar may charge such fee as he shall think reasonable having regard to the time and labour involved : provided that the fee chargeable shall not in any case be less than 10s. or more than the fee chargeable if registration had in fact been completed. 10. No registration shall be made and no other transaction shall be done or completed until the Land Registry stamp for the fee chargeable therefor is affixed to and cancelled by perforation on the application or on such other document filed in connection with the transaction as the Registrar may from time to time direct. 11. No fee shall be chargeable for the entry of an inhibition made necessary by the Act of 1891, the Act of 1942 or the 1959 Rules on a first registration or a subsequent registration for which an ad valorem fee is payable. 12. Nothing in this Order shall authorise the charging of a fee for any registration or transaction that is required by statutory enactment or the 1959 Rules to be made...