Land Registration Rules, 1959

Statutory Instrument No.96/1959

S.I. No. 96 of 1959.

LAND REGISTRATION RULES, 1959

WE, the Registration of Title Rules Committee, constituted pursuant to the provisions of section 73 of the Courts of Justice Act, 1936 , and section 4 of the Registration of Title Act, 1942 , by virtue of the powers conferred upon us by section 94 of the Registration of Title Act, 1891 and section 74 of the Courts of Justice Act, 1936 , with the concurrence of the Minister for Justice, do hereby make the following Rules.

Dated this 29th day of May, 1959.

Thomas Teevan, Judge of the High Court,

Maurice J. L. MacGowan

Francis J. Lanigan

Desmond L. McAllister.

I concur in the making of these Rules.

Dated this 29th day of May, 1959.

Oscar Traynor,

Minister for Justice.

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 cancellation of entries

5

Adjoining properties of an owner in two or more counties

6

Revision of folios of registers

7

Cancellation of determined entries

8

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

Local offices 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 registers of leaseholders and of subsidiary interests

17

Length of title

18

Examination of title

19

Application by State or local authority where value of property does not exceed £300

20

Subject Matter

Rule

Application by Land Commission or Commissioners of Public Works for a registration with possessory title

21

Application by local authority under statutory powers for first registration of a purchaser

22

Notice by Land Commission under section 23 (1) (a) of the Act

23

Notice by Land Commission under section 23 (1) (b) of the Act

24

Transfer to registers of recorded property

25

Registration of recorded property

26

Entry of easement or profit à prendreas 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 where ownership registered 12 years under transfer for value

34

Application where land acquired by State or local authority and purchase money does not exceed £300

35

Other applications for cancellation of a notice of equities

36

Examination of title to interests protected by a notice of equities

37

Modification of examination of title in certain cases

38

Notices of application to be given

39

Cancellation of notice 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

Issue of land certificate in substitution for deed deposited as a lien

44

Other examinations of title

Other examinations of title outside register

45

Subject Matter

Rule

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

Notice 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 attorney

53

Identification of part of registered property transferred

54

Application by solicitor for registration of dealing

55

Presentation of dealing for registration

56

Dealing to be accompanied by registration fee

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 suffiency 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 under Land Purchase Acts

69

Duty of transferee who is a trustee

70

Registration under a transfer by owner in execution of order of court

71

Subject Matter

Rule

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 over-reaching estate of registered owner

78

Notice of application for registration under transfer over-reaching estate of registered owner

79

Cancellation of burdens on transfer over-reaching the estate of registered owner

80

Notice of cancellation of burdens on transfer over-reaching the estate of registered owner

81

Registration of assignees of bankrupt or insolvent owner and re-registration of owner

82

Registration of Land Commission on a defeasance by sub-division or letting

83

Registration of transferee of local authority under s. 6 of the Small Dwellings Acquisition Act, 1899

84

Registration of local authority under s. 5 of Small Dwellings Acquisition Act, 1899, or s. 24 of Labourers Act, 1936

85

Registration of ownership of State property and of dispositions thereof

86

Registration of dispositions of recorded property

87

Registration of new trustee of friendly society

88

Transmission on death of an owner of property

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 on intestacy

91

Application for registration by personal representative beneficially entitled on intestacy

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

94

Note of death of registered owner

95

Subject Matter

Rule

Other transmissions

Application for registration by successor of limited owner

96

Application for registration by survivors or survivor of joint tenants

97

Court orders

Registration pursuant to court order

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 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 where statutory priority for burden claimed

104

Instrument creating two or more burdens to show priority thereof

105

Note in register on registration of charge actually raised under a settlement

106

Note in register on registration of voluntary burden where a certificate of title has been issued

107

Evidence on which burden may be cancelled or modified

108

Where burden may be cancelled as extinguished

109

Charges

Forms of charge

110

Registration of charge created by a company

111

Sub-charges

112

Meaning of future advances in register, and the registration of a charge for same

113

Dealing with mortgage created prior to first registration where registered

114

Judgment mortgages

Registration of affidavit of judgment as judgment mortgage

115

Evidence on entry of notice of deposit of affidavit of judgment

116

Subject Matter

Rule

Notice of deposit of affidavit

117

Application to cancel notice of deposit of affidavit on grounds of invalidity of judgment mortgage

118

Cancellation of notice of deposit of affidavit of judgment validly registered

119

Other burdens

Lease

120

Rentcharge

121

Power to charge and trust to raise money

122

Lien for unpaid purchase money

123

Order or other process of court

124

Lis pendens

125

Recognisances, bonds and judgments

126

Easement or profit à prendre

127

Cautions and inhibitions against registration of dispositions

Form of caution and of affidavit in support

128

Warning notice to cautioner

129

Application by registered owner for discharge of caution

130

Procedure on appearance by cautioner to a warning notice

131

Withdrawal of a caution, or consent of a cautioner to a dealing

132

Lapse of caution

133

Form of inhibition

134

Entry of inhibition on consent of...

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