Land Registration Rules, 1937

• Jurisdiction: Ireland
• Citation: IR SI 264/1937
• Year: 1937

STATUTORY RULES AND ORDERS. 1937. No. 264.

LAND REGISTRATION RULES, 1937.

The Local Registration of Title Rules Committee in exercise of its power in Section 94 (1) of the Local Registration of Title (Ireland) Act, 1891, as amended by Section 73 of the Courts of Justice Act, 1936 , and of every other power in this behalf, with the concurrence of the Minister for Justice, hereby makes the Rules annexed hereto as the general Rules for carrying into effect the object of said Act.

Dated the 12th day of October, 1937.

CÓNCUBÁR A. MAGUIDÍR,

President of the High Court.

I. J. KELLY.

HENRY P. MAYNE.

W. E. GLOVER.

CONTENTS

Subject Matter Rule PRELIMINARY Date of Rules 1 Interpretation 2 When Registry open to public 3 PART I THE REGISTERS AND THE REGISTRY OFFICES Form and contents of registers 4 Authentication, contents, and cancellations of entries 5 Adjoining properties of an owner in two or more Counties 6 Revision of Folios of registers 7 Cancellation of determined entries Correction of clerical errors 9 Revision of descriptions of property 10 Indexes 11 Closing registers 12 The Central Office to be the Office for registration 13 'The Local Office and the duties there 14 PART II FIRST REGISTRATION ; CANCELLATION OF NOTICES OF EQUITIES, AND OF POSSESSORY OR QUALIFIED TITLES ; AND OTHER REGISTRATIONS INVOLVING EXAMINATIONS OF THE TITLE OF PERSONS TO UNREGISTERED INTERESTS IN REGISTERED PROPERTY. Applications for First Registration Form of application for first registration 15 Documents to accompany application for registration of ownership of freehold property 16 Documents to accompany application for registration in register of Leaseholders and subsidiary interests other than incorporeal hereditaments. 17 Length of title 18 Examination of title 19 Application by Local Authority or State when value of property does not exceed £100. 20 Application ofLand Commission or Board of Works for a registration with possessory title. 21 Application by Local Authority under statutory powers for first registration of a purchaser. 22 Notice by the Land Commission under Section 23 (1) (b). 23 Notice by the Land Commission under Section 23 (1) (a). 24 Transfer to registers of recorded property 25 Registration of recorded property 26 Entry of easement or profit á prendre as part of description of property registered. 27 The notice of equities 28 Notice of statutory restrictions 29 Entries relative to mines and minerals 30 Memorial for Registry of Deeds 31 Cautions against first registration Form of caution and of affidavit in support of it 32 Form of notice on cautioner 33 Applications for cancellation of a notice of equities or of possessory or qualified title entered in a register. Application when ownership registered for 30 years 34 Application when ownership registered 12 years under transfer for value. 35 Application when land acquired by Local Authority or State and purchase money does not exceed £100. 36 Other applications for cancellation of a notice of equities 37 Examination of title to interests protected by a notice of equities 38 Notices of application to be given 39 Cancellation of notices of possessory title 40 Cancellation of notice of qualified title 41 How burdens ascertained entered on cancellation of notice. 42 How register made conformable with titles ascertained 43 When Land Certificates may be issued in substitution for deed deposited as a lien. 44 Other Examinations of Title Other investigations of title outside register 45 General provisions relative to First Registration and applications requiring an examination of title of unregistered interests. Form of affidavit of discovery 46 Registration of tenants in common 47 Registration of trustee owner 48 Notices to be given of proposed registration 49 Date of registration 50 PART III DEALINGS WITH REGISTERED PROPERTY General Form of instruments 51 Evidence of execution of instruments 52 Evidence of execution of instruments by an attorney 53 Identification of part of registered property transferred 54 Application by solicitor for registration of dealing, how made 55 Presentation of dealing for registration 56 Dealing may be received for registration if undertaking for payment of Registry fee given. 57 Priority of dealings received for registration 58 Notice in register of pending registration 59 Forgery notice 60 Date of registration 61 Registrar may refuse registration or may require amendment of instrument or application in certain cases. 62 Amendment of instrument and priority of amended instrument 63 Adjudication of sufficiency of stamp on instrument 64 Registration under instrument by person entitled to be registered 65 Registration of a tenant in common 66 Registration of a trustee owner 67 Transfers Forms of transfer 68 Transfer of part of holding subject to restrictions and Land 69 Purchase Acts. Duty of transferee who is a trustee 70 Registration under a transfer by owner in execution of order of court. 71 Effect of covenant to pay rent or indemnify may be noted in register. 72 Registration of purchaser from personal representative of owner discharged from judgment mortgage of beneficiary. 73 Registration under a settlement 74 Registration under grant reserving rent 75 Registration of companies 76 Defeasance of ownership by statute 77 Registration under transfer overriding estate of registered owner 78 Notice of application for registration under transfer overriding estate of owner. 79 Cancellation of burdens on transfer overreaching the estate of the owner. 80 Notice to be given of cancellation of burdens on transfer overreaching owner's estate. 81 Registration of assignees of bankrupt or insolvent owner and reregistration of owner. 82 Registration of the Land Commission on a defeasance by subdivision or letting. 83 Registration of transferee of a Local Authority under Section 6 of the Small Dwellings Acquisition Act. 84 Registration of Local Authority under Section 5 of Small 85 Dwellings Acquisition Act. Registration of ownership of State property and of dispositions thereof. 86 Registration of dispositions of recorded property 87 Transmission on death of an owner of property that vests in his personal representative Registration of personal representative for purposes of administration. 88 Assent by personal representative to a devise, and application of devisee for registration. 89 Transfer by personal representative to devisee or successor. 90 Application for registration by a person, other than the personal representative, beneficially entitled to an intestate's property. 91 Application for registration by personal representative beneficially entitled to an intestate's property, or for cancellation of inhibition entered under Rule 88. 92 Powers of Registrar on a registration on transmission on death 93 Application for registration on death of registered owner of a charge or other burden that vests in the personal representative. 94 Transmission on death of a full owner of freehold property that does not vest in his personal representative Application by a devisee of freeholds for registration. . 95 Application by heir or widow of intestate freeholder for registration 96 Other Transmissions Application for registration by successor of limited owner. 97 Application for registration by survivors or survivor of joint tenants. 98 Burdens Generally Additional burdens that may be registered 99 The assent to registration of burdens that is to be given by persons other than the owner. 100 How assent to registration of a burden is to be given 101 How burden may be entered 102 Owner of burden not entitled to custody of certificate of title of owner of the property. 103 Note in register when statutory priority for burden claimed. 104 Note in register on registration of charge actually raised under a settlement. 105 Note in register on registration of voluntary burden when a certificate of title has been issued. 106 Evidence on which a burden may be cancelled or modified. 107 When burden may be cancelled as extinguished 108 Charges Forms of charge 109 Registration of charge created by a company 110 Subcharges 111 Meaning of future advances in register, and the registration of a charge for. 112 Dealing with mortgage created prior to first registration, when registered. 113 Judgment Mortgages Registration of affidavit of judgment as judgment mortgage. 114 Evidence on entry of notice of deposit of affidavit of judgment 115 Notice of deposit of the affidavit to be given 116 Application to cancel notice of deposit of an affidavit on grounds of invalidity of judgment mortgage. . . . 117 Cancellation of notice of deposit of affidavit of judgment validly registered. 118 Other Burdens Lease 119 Rent charge 120 Power to charge and trust to raise money 121 Lien for unpaid purchase money 122 Order or other process of court 123 Lis pendens 124 Recognizance bonds and judgments 125 Easement or profit á prendre 126 Cautions and inhibitions...