Land Registration Rules 2009

• Jurisdiction: Ireland
• Citation: IR SI 349/2009
• Year: 2009

S.I. No. 349 of 2009

LAND REGISTRATION RULES 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th September, 2009.

1. (1) These Rules may be cited as the Land Registration Rules, 2009.

(2) These Rules and the Land Registration Rules 1972 to 2008 may be cited together as the Land Registration Rules 1972 to 2009.

(3) These Rules and the Land Registration Rules 1972 to 2008 shall be construed together as one.

2. These Rules shall come into operation on the 1st day of November, 2009.

Scheme maps.

3. An application map in paper form or in electronic form identifying the boundaries of two or more properties where each property is to be the subject of a separate registered title (a “scheme map”) may be approved by the Authority prior to lodgement of an application for registration.

Multi-storey buildings.

4. (1) On application for registration of title to the lowest floor of a multi-storey building or of a part thereof, the Authority shall presume, unless it is shown to the contrary, that the title does not extend to the soil or subsoil thereunder.

(2) On application for registration of title to the uppermost floor or structure of a multi-storey building or of a part thereof, the Authority shall presume, unless it is shown to the contrary, that the title does not extend to the attic or airspace thereover.

Cancellation of Property Adjustment Order

5. An application for cancellation of a Property Adjustment Order pursuant to section 9 of the Family Law Act 1995 or section 14 of the Family Law (Divorce) Act 1996 may be made in Form A, B or C hereunder.

“

Form A

Land Registry

CountyFolio

I, AB

solicitor for

hereby certify that the property adjustment order registered as a burden at entry no. on the above folio has been complied with in full, insofar as it affects the property comprised in said folio, and I hereby apply for cancellation of the said entry.

Signed

Dated this day of 20.

Form B

Land Registry

CountyFolio

I, CD

hereby make oath and say as follows:-

1. There is registered as a burden at entry no. on the above folio a property adjustment order pursuant to section 9 of the Family Law Act 1995 (or section 14 of the Family Law (Divorce) Act 1996 ).

2. I am the beneficiary of the said property adjustment order.

3. The said property adjustment order has been complied with in full insofar as it affects the lands comprised in said folio.

4. I apply for cancellation of said entry.

Sworn this the day of 20, at in the county of before me a Commissioner for Oaths (or other qualified person) and I know the deponent (or I know EF who certifies his knowledge of the deponent).

I EF hereby certify that I know the

deponent.

Signature Signature

Form C

Land Registry

County Folio

Whereas there is registered as a burden at entry no. on the above folio a property adjustment order under section 9 of the Family Law Act 1995 , (or section 14 of the Family Law (Divorce) Act 1996 ) and whereas the said order has been complied with in full insofar as it affects the property comprised in the said folio.

Now we, GH and IJ, the parties to the proceedings, hereby consent to, and apply for, cancellation of the said entry.

Dated this day of 20.

Signed by the said GH

In the presence of

Signed by the said IJ

In the presence of

”.

6. Rule 2 of the Land Registration Rules 1972 is amended by the insertion of the following definition after the definition for “the Registry”:

“

‘application map’ means—

(a) a map in paper form or in electronic form issued by the Authority,

(b) such other map in paper form or electronic form as the Authority may allow,

on which is identified, in such manner as the Authority may direct, a property the subject of an application for registration;”.

7. Rule 3 of the Land Registration Rules 1972 is amended by the substitution of the following for subrule (6):

“(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) a description of any part of the property which is transferred to another folio;

(c) 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 references and notes regarding issue of land certificates and copy maps.”.

Descriptions of property.

8. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 9 of those Rules:

“9. (1) The description of property in the registers shall be by reference to the names and denominations recorded by Ordnance Survey Ireland and may, where the Authority permits, include any other geographical or locational information.

(2) Neither the description of property in a register nor its identification by reference to a registry map is conclusive as to its boundaries or extent and a note to this effect shall be entered on the register.

(3) Where areas of property are recorded, such areas are not conclusive.

(4) The description of property shall be revised by the Authority from time to time and made conformable with the description on the registry map as and when revised.”.

Documents to accompany application for registration of ownership of freehold property.

9. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 15 of those Rules:

“15. (1) An application for registration of the ownership of freehold property to which rules 19 (3), 19 (4), 20 (1), 21 or 22 does not apply, shall, unless the Authority otherwise directs, be accompanied by—

(a) a concise statement of the title giving in chronological order a summary of the documents and the events and facts on which the applicants claim to the property is based,

(b) all original deeds and all documents in the applicants possession, or under his control, relating to the title, including opinions of counsel, abstracts of title, contracts for and conditions of sale, searches, requisitions and replies, and other like documents, and the evidence by affidavit, statutory declaration, or otherwise, proving the facts stated and necessary to be proved to establish the title,

(c) an application map, unless the application otherwise sufficiently identifies the property on the registry map,

(d) a schedule in duplicate of all documents lodged with the application.

(2) Where the applicant, as authorised by these Rules, relies on the opinion of counsel in support of his title, the statement of title required by this rule need not be lodged.

(3) The Authority shall not be on notice of any matter disclosed in any document lodged which bears a date prior to the date of the document identified as the root of title.”.

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

10. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 16 of those Rules:

“16. An application for registration of the ownership of a leasehold interest or of the ownership of a right, other than an incorporeal hereditament held in gross, to which rule 19 (3) or 22 does not apply, shall, unless the Authority otherwise directs, be accompanied by the following documents—

(a) where the application is by or on behalf of the original lessee or grantee or the personal representative of either of them, and registration with an absolute title is not required, the lease or grant and an application map, unless the application otherwise sufficiently identifies the property subject thereto on the registry map,

(b) except in cases to which sub-paragraph (a) applies, the documents specified in rule 15 (1) (a), (b) and (d) and an application map, unless the application otherwise sufficiently identifies the property subject thereto on the registry map.”.

Modification of examination of title.

11. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 19 of those Rules:

“19. (1) Save as aforesaid and as otherwise provided in this rule, the title to be shown by the applicant may commence with a disposition of the property made not less than 30 years prior to the date of the application that would be a good root of title on a sale under a contract limiting only the length of title to be shown.

(2) Where the market value of the property the subject of the application is shown to the satisfaction of the Authority not to exceed €1,000,000, the title to be shown by the applicant may commence—

(a) with a disposition of the property made not less than 20 years prior to the date of the application that would be a good root of title on a sale under a contract limiting only the length of title to be shown or

(b) with a conveyance or assignment on sale made not less than 12 years prior to the date of the application that would be a good root of title on a sale under a contract limiting only the length of title to be shown.

(3) On a sale where the purchase money of the property does not exceed €1,000,000, the Authority may, if it thinks fit, register a title as absolute or good leasehold on production of a certificate by a solicitor, at the expense of the applicant in Form 3, adapted as the case may require, and an application map.

(4) Where property is acquired by a statutory authority and the purchase money or compensation paid therefor does not exceed €1,000,000, the Registrar may dispense with the official examination of the title and may register the statutory authority with absolute title or good leasehold title on production of a certificate by the...