Land Registration (Fees) Order, 1991

• Jurisdiction: Ireland
• Citation: IR SI 363/1991
• Year: 1991

S.I. No. 363 of 1991.

LAND REGISTRATION (FEES) ORDER, 1991.

I, RAY BURKE, 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. ( a ) This Order may be cited as the Land Registration (Fees) Order, 1991.

( b ) This Order shall come into operation on the 1st day of April, 1992. 2. The Land Registration Fees Order, 1983 ( S.I. No. 388 of 1983 ), is hereby revoked. 3. In this Order—

"the Act of 1964" means the Registration of Title Act, 1964 (No. 16 of 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 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, subject to which the property is transferred;

( b ) in the case of registration of money charges (including judgment mortgages) secured on registered property 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;

( c ) in the case of registration of money charges (including judgment mortgages) secured on registered and unregistered property, the appropriate amount ascertained, pursuant to paragraph (b) 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 Register, is competent to value property. 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 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. 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. 6. 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. 7. 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. 8. 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. 9. 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 entry on the register of an address or...