S.I. No. 96 of 1959.
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LAND REGISTRATION RULES, 1959
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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.
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Dated this 29th day of May, 1959.
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Thomas Teevan, Judge of the High Court,
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Maurice J. L. MacGowan
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Francis J. Lanigan
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Desmond L. McAllister.
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I concur in the making of these Rules.
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Dated this 29th day of May, 1959.
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Oscar Traynor,
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Minister for Justice.
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CONTENTS
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Subject Matter
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Rule
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PRELIMINARY
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Date of Rules
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1
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Interpretation
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2
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When Registry open to public
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3
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PART I
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THE REGISTERS AND THE REGISTRY OFFICES
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Form and contents of registers
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4
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Authentication, contents, and cancellation of entries
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5
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Adjoining properties of an owner in two or more counties
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6
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Revision of folios of registers
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7
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Cancellation of determined entries
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8
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Correction of clerical errors
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9
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Revision of descriptions of property
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10
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Indexes
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11
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Closing registers
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12
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The Central Office to be the Office for registration
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13
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Local offices and the duties there
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14
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PART II
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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
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Applications for first registration
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Form of application for first registration
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15
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Documents to accompany application for registration of ownership of freehold property
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16
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Documents to accompany application for registration in registers of leaseholders and of subsidiary interests
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17
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Length of title
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18
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Examination of title
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19
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Application by State or local authority where value of property does not exceed £300
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20
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Subject Matter
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Rule
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Application by Land Commission or Commissioners of Public Works for a registration with possessory title
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21
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Application by local authority under statutory powers for first registration of a purchaser
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22
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Notice by Land Commission under section 23 (1) (a) of the Act
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23
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Notice by Land Commission under section 23 (1) (b) of the Act
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24
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Transfer to registers of recorded property
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25
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Registration of recorded property
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26
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Entry of easement or profit à prendreas part of description of property registered
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27
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The notice of equities
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28
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Notice of statutory restrictions
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29
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Entries relative to mines and minerals
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30
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Memorial for Registry of Deeds
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31
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Cautions against first registration
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Form of caution and of affidavit in support of it
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32
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Form of notice on cautioner
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33
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Applications for cancellation of a notice of equities or of possessory or qualified title entered in a register
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Application where ownership registered 12 years under transfer for value
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34
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Application where land acquired by State or local authority and purchase money does not exceed £300
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35
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Other applications for cancellation of a notice of equities
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36
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Examination of title to interests protected by a notice of equities
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37
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Modification of examination of title in certain cases
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38
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Notices of application to be given
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39
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Cancellation of notice of possessory title
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40
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Cancellation of notice of qualified title
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41
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How burdens ascertained entered on cancellation of notice
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42
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How register made conformable with titles ascertained
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43
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Issue of land certificate in substitution for deed deposited as a lien
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44
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Other examinations of title
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Other examinations of title outside register
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45
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Subject Matter
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Rule
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General provisions relative to First Registration and applications requiring an examination of title of unregistered interests
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Form of affidavit of discovery
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46
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Registration of tenants in common
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47
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Registration of trustee owner
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48
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Notice to be given of proposed registration
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49
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Date of registration
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50
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PART III
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DEALINGS WITH REGISTERED PROPERTY
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General
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Form of instruments
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51
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Evidence of execution of instruments
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52
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Evidence of execution of instruments by attorney
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53
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Identification of part of registered property transferred
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54
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Application by solicitor for registration of dealing
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55
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Presentation of dealing for registration
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56
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Dealing to be accompanied by registration fee
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57
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Priority of dealings received for registration
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58
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Notice in register of pending registration
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59
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Forgery notice
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60
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Date of registration
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61
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Registrar may refuse registration or may require amendment of instrument or application in certain cases
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62
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Amendment of instrument and priority of amended instrument
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63
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Adjudication of suffiency of stamp on instrument
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64
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Registration under instrument by person entitled to be registered
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65
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Registration of a tenant in common
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66
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Registration of a trustee owner
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67
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Transfers
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Forms of transfer
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68
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Transfer of part of holding subject to restrictions under Land Purchase Acts
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69
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Duty of transferee who is a trustee
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70
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Registration under a transfer by owner in execution of order of court
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71
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Subject Matter
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Rule
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Effect of covenant to pay rent or indemnify may be noted in register
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72
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Registration of purchaser from personal representative of owner discharged from judgment mortgage of beneficiary
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73
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Registration under a settlement
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74
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Registration under grant reserving rent
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75
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Registration of companies
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76
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Defeasance of ownership by statute
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77
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Registration under transfer over-reaching estate of registered owner
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78
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Notice of application for registration under transfer over-reaching estate of registered owner
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79
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Cancellation of burdens on transfer over-reaching the estate of registered owner
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80
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Notice of cancellation of burdens on transfer over-reaching the estate of registered owner
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81
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Registration of assignees of bankrupt or insolvent owner and re-registration of owner
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82
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Registration of Land Commission on a defeasance by sub-division or letting
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83
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Registration of transferee of local authority under s. 6 of the Small Dwellings Acquisition Act, 1899
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84
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Registration of local authority under s. 5 of Small Dwellings Acquisition Act, 1899, or s. 24 of Labourers Act, 1936
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85
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Registration of ownership of State property and of dispositions thereof
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86
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Registration of dispositions of recorded property
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87
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Registration of new trustee of friendly society
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88
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Transmission on death of an owner of property
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Assent by personal representative to a devise and application of devisee for registration
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89
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Transfer by personal representative to devisee or successor
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90
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Application for registration by a person, other than the personal representative, beneficially entitled on intestacy
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91
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Application for registration by personal representative beneficially entitled on intestacy
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92
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Powers of Registrar on a registration on transmission on death
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93
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Application for registration on death of registered owner of a charge or other burden
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94
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Note of death of registered owner
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95
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Subject Matter
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Rule
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Other transmissions
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Application for registration by successor of limited owner
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96
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Application for registration by survivors or survivor of joint tenants
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97
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Court orders
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Registration pursuant to court order
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98
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Burdens generally
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Additional burdens that may be registered
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99
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The assent to registration of burdens that is to be given by persons other than the owner
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100
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How assent to registration of burden is to be given
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101
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How burden may be entered
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102
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Owner of burden not entitled to custody of certificate of title of owner of the property
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103
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Note in register where statutory priority for burden claimed
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104
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Instrument creating two or more burdens to show priority thereof
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105
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Note in register on registration of charge actually raised under a settlement
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106
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Note in register on registration of voluntary burden where a certificate of title has been issued
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107
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Evidence on which burden may be cancelled or modified
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108
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Where burden may be cancelled as extinguished
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109
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Charges
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Forms of charge
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110
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Registration of charge created by a company
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111
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Sub-charges
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112
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Meaning of future advances in register, and the registration of a charge for same
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113
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Dealing with mortgage created prior to first registration where registered
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114
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Judgment mortgages
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Registration of affidavit of judgment as judgment mortgage
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115
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Evidence on entry of notice of deposit of affidavit of judgment
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116
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Subject Matter
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Rule
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Notice of deposit of affidavit
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117
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Application to cancel notice of deposit of affidavit on grounds of invalidity of judgment mortgage
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118
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Cancellation of notice of deposit of affidavit of judgment validly registered
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119
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Other burdens
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Lease
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120
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Rentcharge
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121
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Power to charge and trust to raise money
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122
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Lien for unpaid purchase money
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123
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Order or other process of court
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124
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Lis pendens
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125
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Recognisances, bonds and judgments
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126
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Easement or profit à prendre
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127
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Cautions and inhibitions against registration of dispositions
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Form of caution and of affidavit in support
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128
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Warning notice to cautioner
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129
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Application by registered owner for discharge of caution
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130
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Procedure on appearance by cautioner to a warning notice
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131
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Withdrawal of a caution, or consent of a cautioner to a dealing
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132
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Lapse of caution
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133
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Form of inhibition
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134
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Entry of inhibition on consent of...
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