Land Registration Rules 2011

JurisdictionIreland
CitationIR SI 559/2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th November, 2011.

1. (1) These Rules may be cited as the Land Registration Rules 2011.

(2) These Rules and the Land Registration Rules 1972 to 2009(2) may be cited together as the Land Registration Rules 1972 to 2011.

(3) These Rules and the Land Registration Rules 1972 to 2009(2) shall be construed together as one.

2. These Rules shall come into operation on the 2nd day of November 2011, save Rule 5 and 7 which shall come into operation on the 1st day of March 2012.

Acquisition of Easements and Profits à Prendre by Prescription

Easements and profits à prendre by prescription

3. The Land Registration Rules 1972 are amended by the insertion of Rule 46A.

“46A(1) Pursuant to section 49A of the Act, any person claiming to be entitled to an easement or profit à prendre on the basis that the relevant requirements set out in sections 33 to 38 of the Land and Conveyancing Law Reform Act 2009 have been complied with, may apply for the registration of such right in Form 5A with such modifications therein as the case may require, whereupon the Authority, if satisfied that there is such an entitlement to the easement or profit à prendre concerned and following service of such notices (if any) as it may direct, may cause, as appropriate, the claimed easement or profit à prendre to be

(a) where the servient land is registered land registered as a burden under section 69(1)(jj) of the Act

(b) entered in the register as an appurtenance pursuant to section 82 of the Act or, in the case of a profit à prendre in gross, in the register of ownership maintained under section 8(b)(i) of the Act.

(2) The notice shall be in Form 113.

(3) Where the dominant land is unregistered, the application must be accompanied by an application for first registration of the dominant land pursuant to Rules 14 to 19.

(4) Where the servient land is unregistered and satisfactory evidence of the identity of the owner of the servient land is not produced the Authority may direct such searches, advertisements, notices and enquiries as it may deem necessary.”

Amendment of Rule 103.

4. Rule 103 of the Land Registration Rules 1972 is amended by the addition of the following after sub-rule (1)(d)(iv):

“(v) An easement or profit à prendre registered as a burden pursuant to section 49A of the Act.”

Amendment of Rule 113.

5. The Land Registration Rules 1972 are amended by the substitution of the following for Rule 113(1) of those Rules:

“113.(1) A charge for the payment of money, and a transfer and release thereof, shall be made in such one of Forms 67 to 72, 114 and 115, as may be applicable.”

6. The Schedule of Forms of the Land Registration Rules 1972 is amended by the addition of Forms 5A and 113 set out in the Schedule hereto.

7. The Schedule of Forms of the Land Registration Rules 1972 is amended by the addition of Forms 114 and 115 set out in the Schedule hereto.

Schedule

FORM 5A

Application for registration of easements or profit à prendre acquired by prescription (Rule 46A and section 49A)

Land Registry

COUNTY FOLIO NO.

I, A.B., of make oath and say—

See Note (1)

1. I, (and my predecessors in title) have enjoyed the easement/profit à prendre specified in the First Schedule hereto, continuously (without interruption) and openly for upwards of years without permission.

See Note (2)

2. (Describe how and when the user period began and set out such facts as are relied upon in support of the applicant’s claim to have established his right.).

See Note (3)

3I am entitled for my own benefit to the property specified in the Second Schedule which enjoys the benefit of the right claimed (describe how the property so benefits). (Where the property is unregistered the application must be accompanied by an application for first registration pursuant to Rules 14 to 19).

See Note (4)

4 The property over which the right is exercised is set out in the Third Schedule and the name and address (if known) of the owner is supplied for notice purposes.

5. I am not aware of any question or doubt affecting the right, or any part thereof, or of any matter or thing whereby the right is, or may be impeached, affected, or called into question in any manner whatsoever.

6. There is not to my knowledge any person interested in the entitlement claimed under this application and/or the servient lands who is under the age of 18 years, or is of unsound mind, (except — give name and address of any person interested who is a minor or of unsound mind and of his guardian or committee, or trustees under section 57 of the Succession Act 1965 , if any) and no proceedings are pending in any court relating to the said entitlement (except—give particulars of any pending action or suit).

7. I apply that the foregoing right be—

(a) registered as a burden within section 69(1)(jj) of the Act, (provided that the servient land is registered land),

(b) entered in the register as an appurtenance pursuant to section 82 of the Act or, in the case of a profit à prendre held in gross entered in the register of ownership maintained under section 8(b)(i) of the Act.

Signature of deponent.I, E.F., hereby certify that I know deponent.Signature

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 E.F., who certifies his knowledge of the deponent), Signature

First Schedule

Description of easement or profit à prendre:

(To contain a full and unambiguous description of the easement or profit à prendre by reference to an application map suitably marked see Rules 30 and 56.)

See Note 3

Second Schedule

Description of dominant land owned by applicant:

(By reference to folio number if the land is registered. If part only of the folio or if an application for first registration being made by reference to property edged red on the application map.)

Third Schedule

Description of servient land and name and address of the owner (if known):

(By reference to folio number if the land is registered. If servient land is unregistered, by reference to property edged red on the application map.)

NOTE (1) — Up until the 30th...

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