Land Registration Rules, 2006

• Jurisdiction: Ireland
• Citation: IR SI 558/2006

S.I. No. 558 of 2006
Land Registration Rules 2006 1. (1) These Rules may be cited as the Land Registration Rules, 2006.
(2) These Rules and the Land Registration Rules 1972 to 2005 may be cited together as the Land Registration Rules 1972 to 2006.
(3) These Rules and the Land Registration Rules 1972 to 2005 shall be construed together as one. 2. These Rules shall come into operation on the 4th day of November 2006.
	Interpretation	3. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 2 of those Rules:
“2. (1) In these Rules—
“the Act” means the Registration of Title Act, 1964 ; and words or expressions defined in the Act have the same meaning as in the Act, where the context so admits;
“the Act of 1891” or the “1891 Act” means the Registration of Title Act, 1891;
“the Act of 2006” means the Registration of Deeds and Title Act 2006 ; and words or expressions defined in the Act have the same meaning as in the Act, where the context so admits;
“the Acts” means the Registration of Deeds and Titles Acts 1964 and 2006;
“the Authority” means the Property Registration Authority;
“the Registry” means the Land Registry;
“folio” means a constituent part of a register, containing individual ownership details;
“Form” or “Forms” means a form or the forms in the Schedule of Forms;
“local authority” includes a county council, county or other borough council, urban district council, the commissioners of any town, and any public body or person established by or in pursuance of any statute to perform any of their functions;
“property” includes land, and any estate, leasehold interest, incorporeal hereditament, or other right, in or to land, the ownership of which is or may be registered in the registers established by the Act;
“possessory title” includes a title deemed under the Act or under these Rules to be possessory;
“prescribed fee” means the appropriate registration fee fixed by the Minister for Justice, Equality and Law Reform by order under section 14 of the Act.
(2) The Interpretation Act, 2005, shall apply for the purpose of the interpretation of these Rules as it applies for the purpose of the interpretation of an Act of the Oireachtas, except so far as it may be inconsistent with the Act or with these Rules.” 4. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 3 of those Rules:
Form and contents of registers “3. (1) The registers shall consist of information required by the Acts and these Rules to be recorded in respect of each ownership registered under the Acts. (2) Each ownership registered shall be identified by a distinguishing number to be called the folio or title number. (3) The registers shall be maintained in paper or electronic form or partly in one form and partly in the other form. (4) The registers shall be maintained in Irish or English or partly in one language and partly in the other language. (5) Where a register or any part thereof is in paper form the information shall be recorded on a folio or folios which shall be in three parts. (6) There shall be entered in the first part of a folio— (a) a description of the property the ownership of which is registered, with a reference to the plan on the registry maps of the land affected; (b) such information as is authorised by the Acts or these Rules relative to— (i) easements and rights for the benefit of the property; (ii) the inclusion of mines and minerals in, or their exclusion from, the property; (iii) the boundaries of the property; (iv) at the Authority's discretion, Land Commission or Department of Agriculture and Food references and notes regarding issue of land certificates and copy maps. (7) There shall be entered in the second part of a folio— (a) the name of the owner of the property and his address in the State for service of notices; (b) such information as is necessary relative to— (i) the classes of owners and titles that are registered pursuant to sections 27 and 33 or 40 of the Act; (ii) the devolution of the property; (iii) the matters referred to in sections 91, 99 and 101 of the Act; (iv) the issue of land certificates. (c) cautions and inhibitions restricting the registration of dispositions of the property; (d) a note under section 61 (6) (b) of the Act of the death of the registered owner and of the names of his personal representatives. (8) There shall be entered in the third part of a folio— (a) the burdens the registration of which is authorised by section 69 of the Act; (b) (i) the ownership of a registered charge, where it is not registered in the register maintained under section 8 (b) of the Act and, where the Authority permits, sub-charges on a registered charge and their ownership; (ii) such information as is necessary relative to the issue of certificates of charge; (c) notice of the exemption from or existence of the burdens specified in Section 72 of the Act; (d) cautions and inhibitions against registration of dealings with a registered burden the ownership of which is not registered in the register maintained under section 8 (b) of the Act. (9) Where a register or any part thereof is in electronic form it shall be capable of being reproduced in legible form in the same format as if it were in paper form. (10) The information in respect of any particular ownership shall not be accessible during such period as (a) may be required to update that information, (b) may arise as a result of force majeure, that is to say unusual and unforeseen circumstances beyond the control of the Authority. (11) All existing folios of the registers shall be revised in accordance with the foregoing provisions of this rule whenever the Authority considers such revision expedient.” 5. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 4 of those Rules:
Manner of registration “4. Information recorded shall identify the particular property or interest in the property that it is intended to affect; and no information shall refer to a matter that is not authorised by the Act or these Rules.” 6. The Land Registration Rules 1972 are...