Land Registration Fees Order, 1978

• Jurisdiction: Ireland

S.I. No. 40 of 1978.

LAND REGISTRATION FEES ORDER, 1978.

I, GERARD COLLINS, Minister for Justice, in exercise of the powers conferred on me by section 14 (1) of the Registration of Title Act, 1964 (No. 16 of 1964), and with the consent of the Minister for Finance, hereby order as follows: 1. (1) This Order may be cited as the Land Registration Fees Order, 1978.

(2) This Order shall come into operation on the 8th day of March 1978. 2. (1) The Land Registration Fees (No. 2) Order, 1966 ( S.I. No. 276 of 1966 ), and the Land Registration Fees Order, 1974 (No. 315 of 1974), are hereby revoked. 3. In this Order—

"the Act of 1964" means the Registration of Title Act, 1964 ;

"the 1972 Rules" means the Land Registration Rules, 1972 ( S.I. No. 230 of 1972 ), and any subsequent rules amending or extending the same;

"the Registrar" means the Registrar of Titles;

"value" means—

( a ) in the case of—

(i) first registration of ownership of freehold land (other than first registration of ownership of freehold land to which paragraph (c) of this definition refers) with an absolute, qualified or possessory title,

(ii) first registration of ownership of a leasehold interest with an absolute title, by or on behalf of the original lessee,

(iii) first registration of ownership of a leasehold interest with an absolute, good leasehold or possessory title, by or on behalf of any person other than the original lessee,

(iv) conversion of a registered title, or

(v) examination of title under rule 45 (a) or (c) of the 1972 Rules,

twenty-five times the amont 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 attributable, in the opinion of the Registrar, to the property,

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

(i) first registration of ownership of a leasehold interest with an absolute title, by or on behalf of the original lessee,

(ii) first registration of ownership of a leasehold interest with an absolute, good leasehold or possessory title, by or on behalf of any person other than the original lessee,

(iii) conversion of a registered title, or

(iv) examination of title under rule 45 (a) or (c) of the 1972 Rules,

twenty times the amount of the rent together with the fine (if any) or the amount (if any) for which the lessee covenants to insure the premises, whichever is the greater,

( c ) in the case of—

(i) first registration of the ownership of a fee-farm rent or a rentcharge, or

(ii) first registration of ownership of freehold land which is leased at a rent or rents,

twenty times the amount of the fee-farm or rentcharge,

( d ) in the case of registration of transfers on sale of registered property, the amount of the money consideration expressed in the transfer (or, where the property transferred includes unregistered property, the amount of the money consideration attributable, in the opinion of the Registrar, to the registered property), including the consideration for goodwill, together with the amount of any registered money charge (except a land purchase or land reclamation annuity or a charge under the Small Dwellings Acquisition Acts, 1899 to 1962, or the Housing Act, 1966 ), subject to which the property is transferred,

( e ) in the case of—

(i) registration of transfers (other than those solely for money consideration), and

(ii) registration of each ownership under a settlement, the value as determined in accordance with paragraph (a), (b), (c), (i) or (j) (as the case may be) of this definition,

( f ) in the case of transfers, other than transfers on sale, of registered property—

(i) where land is leased at a rent or rents, twenty times the amount of the said rent or rents,

(ii) where part only of such land transferred is leased at a rent or rents, twenty times the amount of the said rent or rents as respects the part and the value of the other part transferred as determined in accordance with paragraph (a) of this definition,

( g ) in the case of registration of 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,

( h ) in the case of registration of ownership of registered land under section 49 of the Act of 1964, the value as determined in accordance with paragraph (a) of this definition,

( i ) in the case of registration of money charges (including judgment mortgages) secured on registered property only and in the case of examination of title under rule 45 ( d ) of the 1972 Rules—

(i) where the amount of the charge is a definite sum, the amount secured,

(ii) where the charge is to secure an indefinite sum, the amount covered by the stamp duty, or where no stamp duty is payable the amount which is in fact secured by the charge, and

(iii) where the charge is to secure a life annuity, twelve times the amount of the annual sum payable,

( j ) in the case of registration of money charges (including judgment mortgages) secured on registered and unregistered property, the appropriate amount ascertained, pursuant to paragraph (i) of this definition, in respect of the proportionate part of the charges attributable to the registered property as certified by the solicitor for the applicant or by a person who, in the opinion of the Registrar, is competent to value property,

( k ) in the case of 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 paragraph (c), (d), (i) or (j) (as the case may be) of this definition,

( 1 ) in the case of registration of transmissions on the deaths of registered owners of property—

(i) in the case of land which is not subject to leases, the value as determined in accordance with paragraph (a) of this definition,

(ii) in the case of land which is leased at a rent or rents the value as determined in accordance with paragraph (c) of this definition, and

(iii) in the case of a leasehold interest where the property is not separately valued, the value as determined in accordance with paragraph (b) of this definition. 4. The fees to be charged and taken in the Land Registry in proceedings under the Act of 1964 shall be in accordance with this Order and the Schedule thereto and all such fees shall be payable in cash, or by means of Land Registry stamps, banker's draft, money order, postal order or cheque drawn to the order of the Registrar, provided that in any particular case the Registrar may decline to accept payment by cheque. 5. 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. 6. 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. 7. No registration shall be made and no other transaction shall be done or completed until the appropriate fee has been paid in accordance with Article 4 of this Order. 8. Where, on a transfer on sale, the whole or part of the purchase money is secured by way of a charge or lien for unpaid purchase money, full fees shall, on registration of the transferee, be chargeable on the full amount of the purchase money. 9. 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, fees shall, on registration of the transferee or person entitled, be chargeable only on the value of the interest passing. 10. Where a transfer is made to a trustee to uses that entitled the transferor or transferors to be re-registered as owners of the property as joint tenants where they were registered as owners of the property prior to the transfer as tenants in common (or vice versa), a fee of £2 shall be chargeable. 11. Where a transfer, will or assent creates charges (otherwise than in repayment of moneys advanced) or burdens on the property transferred, devised or vested by the assent, as the case may be, or where a transfer or assent and an instrument creating charges (otherwise than in repayment of moneys advanced) or burdens are lodged at the same time, no fees shall be chargeable for the registration of such charges or burdens. 12. Where a transfer or assent creates charges for the repayment of moneys advanced on the property transferred or vested by the assent, as the case may be, or where such charges on the property are lodged at the same time as the transfer or assent, half fees only shall be chargeable for the registration of such charges. 13. The fee for the registration of a charge on property by way of additional or substituted security, whether in the same folio in which the principal charge is registered or in other folios, shall be £1. 14. In the case of a registered charge to secure unlimited future advances, where the instrument of charge is further stamped with Revenue Duty, the fee for noting that fact in the register shall be the difference between the fee for a charge to secure the amount covered by the duty previously noted in the register and the fee for the registration of a charge to secure the total amount covered by the whole duty. 15. No fee shall be chargeable—

( a ) 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;

( b ) for the registration of the ownership of a lease...