Land Registration Rules, 1966

Statutory Instrument No.266/1966

S.I. No. 266 of 1966.

LAND REGISTRATION RULES, 1966

WE, the Registration of Title Rules Committee, constituted pursuant to the provisions of section 73 of the Courts of Justice Act, 1936 , by virtue of the powers conferred upon us by section 126 of the Registration of Title Act, 1964 , with the concurrence of the Minister for Justice, do hereby make the following Rules.

Dated this 1st day of December, 1966.

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 14th day of December, 1966.

Brian Lenihan,

Minister for Justice.

CONTENTS

Subject Matter

Rule

PRELIMINARY

Commencement

1

Interpretation

2

PART I

THE REGISTERS AND THE REGISTRY OFFICES

Form and contents of registers

3

Authentication, contents and cancellation of entries

4

Adjoining properties of an owner in two or more counties

5

Revision of folios of registers

6

Formal alterations of register and cancellation of determined entries

7

Correction of clerical and other errors

8

Revision of descriptions of property

9

Indexes

10

Closing of register in respect of charge

11

Duplicates of registers to be kept in local offices

12

Functions of local offices

13

PART II

FIRST REGISTRATION, CONVERSION OF POSSESORY AND QUALIFIED TITLES, AND OTHER REGISTRATIONS INVOLVING EXAMINATIONS OF THE TITLE OF PERSONS TO UNREGISTERED INTERESTS IN REGISTERED PROPERTY

Applications for first registration

Application for first registration

14

Documents to accompany application for registration of ownership of freehold land and of incorporeal hereditaments held in gross

15

Documents to accompany application for registration of ownership of leasehold interests and of rights (other than incorporeal hereditaments held in gross)

16

Application for first registration based on possession

17

Examination of title

18

Subject Matter

Rule

Modification of examination of title

19

Application by Land Commission for registration with possessory title

20

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

21

Documents to be lodged on registration procured by Land Commission

22

Transfers to registers of recorded property

23

Registration of recorded property

24

Entry of easement or profit à prendre as part of description of property registered

25

Property acquired under the Land Purchase Acts and on exchange

26

Notice of statutory restrictions

27

Entries relative to mines and minerals

28

Memorial for Registry of Deeds

29

Flat, floor, cellar, tunnel, mines and minerals; or foreshore

30

Cautions against first registration

Form of caution and affidavit in support of it

31

Time for objection and form of notice on cautioner

32

Conversion of possessory title into absolute title where the property has been purchased under the Land Purchase Acts

Application where ownership registered 30 years

33

Application where ownership registered 12 years under transfer for value

34

Application where property acquired by a statutory authority and purchase money does not exceed £900

35

Other applications for conversion of possessory title

36

Examination of title to interests protected by registration with a possessory title

37

Conversion of possessory title into absolute title or good leasehold title where the property has not been purchased under the Land Purchase Acts

Conversion of registered title in cases under subsection (1) or (2) of section 50 of the Act

38

Notice, advertisement and enquiries before such conversions

39

Subject Matter

Rule

Conversion of qualified title into absolute or good leasehold title

Application for conversion of qualified title

40

General provisions as to the conversion of possessory or qualified titles

Notice of intended conversion to be given

41

How burdens ascertained entered on conversion

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

Title acquired by possession to registered land

Title to registered land acquired by possession

46

General provisions relative to first registration and applications requiring an examination of title of unregistered interests

Form of affidavit of discovery

47

Registration of tenants in common

48

Registration of trustee owner

49

Notice to be given of proposed registration

50

Date of registration

51

PART III

Dealings with Registered Property

General

Form of instruments

52

Applications or instruments in improper form

53

Evidence of execution of instruments

54

Evidence of execution of instruments by attorney

55

Identification of part of registered property transferred

56

Application by solicitor for registration of dealing

57

Subject Matter

Rule

Evidence of the sealing of deeds

58

Presentation of dealing for registration

59

Dealings to be accompanied by prescribed fee

60

Priority of dealings received for registration

61

Notice in register of pending registration and forgery notice

62

Date of registration

63

Registrar may refuse registration or may require amendment of instrument or application in certain cases

64

Amendment of instrument and priority of amended instrument

65

Adjudication of sufficiency of stamp on instrument

66

Registration of a tenant in common

67

Registration of trustee owner

68

Transfers

Forms of transfer

69

Sub-division of property subject to restrictions

70

Registration of transferee who is a trustee

71

Registration under a transfer or vesting order on sale in execution of order of court

72

Effect of covenant to pay rent or indemnify may be noted in register

73

Registration of purchaser from personal representative of owner discharged from judgment mortgage on interest of beneficiary

74

Registration under a settlement

75

Registration under grant reserving rent

76

Registration of companies

77

Registration under transfer over-reaching estate or interest of registered owner

78

Notice of application for registration under transfer overreaching estate or interest of registered owner

79

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

80

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

81

Registration of trustees or assignees of bankrupt owner; and re-registration of the owner

82

Registration of transferee of local authority under s. 6 of the Small Dwellings Acquisition Act, 1899, s. 11 (2) of the Housing (Loans and Grants) Act, 1962 , or s. 39 (5) or 107 (6) of the Housing Act, 1966

83

Subject Matter

Rule

Registration of local authority under s. 5 of the Small Dwellings Acquisition Act, 1899, s. 11(4) of the Housing (Loans and Grants) Act, 1962 , s. 24 of the Labourers Act, 1936 , or s. 39(5) or 107(6) of the Housing Act, 1966

84

Registration of dispositions of recorded property

85

Registration of new trustee of friendly society

86

Transmission on death before the 1st day of June, 1959, of a full owner of freehold property that did not vest in his personal representative

Application for registration by a devisee of freeholds

87

Application for registration by heir, widow or husband of intestate freeholder

88

Transmission on death occurring before the 1st day of June, 1959, of(a) a full owner of property that vested in his personal representative under Part IV of the Registration of Title Act, and(b) a full owner of a register leasehold interest

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 entitled on intestacy

91

Application for registration by personal representative entitled on intestacy

92

Power of Registrar on a registration on transmission on death

93

Transmission on death of a full owner of property where the death occurs on or after the 1st day of June, 1959, and application for registration is made on or after the 1st day of January, 1967

Assent by personal representative on death testate to registration of person entitled; application of person entitled for registration

94

Transfer by personal representative on death testate to person entitled or his successor

95

Application for registration by a person, other than the personal representative, entitled on intestacy

96

Application for registration by personal representative entitled on intestacy

97

Subject Matter

Rule

Transmission on death of owner of charge or other burden

Application for registration on death of registered owner of charge or other burden

98

Note of death of registered owner

Note of death of registered owner

99

Other transmissions

Application for registration of successor of limited owner

100

Application for registration by survivors or survivor of joint tenants

101

Court orders

Registration pursuant to court order

102

Burdens generally

The assent to registration of burdens that is to be given by persons other than the owner

103

How assent to registration of burden is to be given

104

How burden may be entered

105

Owner of burden not entitled to custody of certificate of owner of the property

106

Note in register where statutory priority for burden claimed

107

Instrument creating two or more burdens and priority...

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