Land Registration Fees Order, 1966

• Jurisdiction: Ireland
• Citation: IR SI 57/1966
• Year: 1966

S.I. No. 57 of 1966.

LAND REGISTRATION FEES ORDER, 1966

I, BRIAN LENIHAN, 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 (No. 48 of 1936), 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, 1966.

(2) This Order shall come into operation on the 1st day of April, 1966. 2.—(1) The Land Registration Fees Order, 1959 ( S.I. No. 157 of 1959 ), is hereby revoked.

(2) Notwithstanding anything contained in this Order, the fee in respect of any transmission on death to a person beneficially entitled to 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. In this Order—

"the Act of 1891" means the Registration of Title Act, 1891;

"the Act of 1942" means the Registration of Title Act, 1942 (No. 26 of 1942);

"the Act of 1959" means the Administration of Estates Act, 1959 (No. 8 of 1959);

"the 1959 Rules" means the Land Registration Rules, 1959 ( S.I. No. 96 of 1959 ), 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 freehold land,

(ii) entry of a note under section 53 (1) of the Act of 1891 of the validity of a lease,

(iii) cancellation of a notice of equities or of a possessory or qualified title, and

(iv) 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 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 a leasehold by or on behalf of any person other than the original lessee,

(ii) entry of a note under section 53 (1) of the Act of 1891 of the validity of a lease, and

(iii) examination of title required by section 53 (2) (d) of the Act of 1891,

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 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 registration of the ownership of a charge on a subsidiary register, the value as determined in accordance with paragraph (j) or (k) (as the case may be) of this definition,

(d) in the case of registration of the ownership of a fee-farm rent or a rentcharge, twenty times the amount of the feefarm rent or rentcharge,

(e) in the case of—

(i) registration of the ownership of an incorporeal hereditament of freehold tenure (other than a feefarm rent or a rentcharge),

(ii) entry of a note, under Rule 222(b) of the 1959 Rules, that the title to make the grant of such hereditament is good,

(iii) 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 £200, whichever is the greatest, or, where no consideration is expressed, £200,

(f) in the case of registration of transfers on sale of registered property, 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 1962) subject to which the property is transferred,

(g) in the case of registration of transfers on sale of registered and unregistered property, the proportionate part of the consideration, 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,

(h) in the case of—

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

(ii) registration of each ownership under a settlement, and

(iii) exchanges,

the value as determined in accordance with paragraph (a), (b), (d), (e), (j) or (k) (as the case may be) of this definition, and, in the case of exchange involving a money consideration by way of equality, the said value as increased by the amount of the money consideration,

(i) 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,

(j) in the case of registration of money charges (including judgment mortgages) secured on registered property only—

(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, and

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

(k) in the case of registration of money charges (including judgment mortgages) secured on registered and unregistered property, the appropriate amount ascertained, pursuant to paragraph (j) 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,

(l) in the case of registration as burdens of—

(i) fee-farm rents and rentcharges, the value as determined in accordance with paragraph (d) of this definition,

(ii) rights of residence, support and similar rights, the value (as determined in accordance with paragraph (j) or (k) (as the case may be) of this definition) of the alternative payment (if any) reserved or £200, whichever is the greater, or, where no alternative payment is reserved, £200, and

(iii) easements, profits á prendre, and similar incorporeal rights or hereditaments, the value as determined in accordance with paragraph (e) of this definition,

(m) 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 (d), (e), (j), (k) or (l) (as the case may be) of this definition,

(n) in the case of 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 paragraph (d), (e), (j) or (k) (as the case may be) of this definition, and

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

(i) in the case of land, the value as determined in accordance with paragraph (a) of this definition,

(ii) in the case of a leasehold where the property is not separately valued, the value as determined in accordance with paragraph (b) of this definition, and

(iii) in the case of a charge or burden, the value as determined in accordance with paragraph (d), (e), (j) or (k) (as the case may be) of this definition. 4. The fees to be charged and taken in the Land Registry in proceedings under the Act of 1891, the Act of 1942 and the Act of 1959 shall be in accordance with this Order and the Schedule thereto, and all such fees shall be payable by means of Land Registry stamps. 5. 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. 6. Where a transfer or a will creates charges or burdens on the lands transferred or devised, or where a transfer and an instrument or instruments charging the property transferred or creating burdens thereon are lodged at the same time, half fees only shall be chargeable for the registration of each such charge or burden. 7. Where, on a transfer on sale, the whole or part of the purchase money is secured by way of a lien, full fees shall, on registration of the transferee, be chargeable on the full amount of the purchase money together with a fee of £1 for registration of the lien as a burden. 8. 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 beneficially entitled, be chargeable only on the value of the interest passing. 9. 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. 10. 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. 11. No registration shall be made and no other transaction shall be done or completed until the Land Registry stamp for the appropriate fee is affixed to and cancelled by perforation on the application or such other document filed in connection with the transaction as the Registrar may from time to time direct. 12. 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...