Land Registration Rules, 1972.

• Statutory Instrument No.: 230/1972

S.I. No. 230 of 1972.

LAND REGISTRATION RULES, 1972.

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 31st day of August, 1972.

MAURICE J. L. MacGOWAN

FRANCIS J. LANIGAN

DESMOND L. McALLISTER

I concur in the making of these Rules.

Dated this 19th day of September, 1972.

DESMOND O'MALLEY,

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 POSSESSORY AND QUALIFIED TITLES, AND OTHER REGISTRATIONS INVOLVING EXAMINATIONS OF THE TITLE OF PERSONS TO UNREGISTERED INTERESTS IN REGISTERED PROPERTY

Application for first registration

Application for first registration .. .. .. .. .. 14 Documents to accompany application for registration of ownership of freehold property .. .. .. .. 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 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 á 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 £8,000 .. .. 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 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 deeds deposited as a lien .. .. .. .. .. .. 44 Other examinations of title Other examinations of title outside register .. .. .. 45 Title acquired by possession to registered property Title to registered property 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 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 .. .. .. 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 over reaching 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 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 registered 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 registered full owner of property that vested in his personal representative under Part IV of the Registration of Title Act, 1891, and (b) a registered full owner of a registered 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 registered 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...