Land Registration Rules 2013

• Jurisdiction: Ireland
• Citation: IR SI 389/2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th October, 2013.

1. (1) These Rules may be cited as the Land Registration Rules 2013.

(2) These Rules and the Land Registration Rules 2012 may be cited together as the Land Registration Rules 2012 to 2013.

(3) These Rules and the Land Registration Rules 2012 shall be construed together as one.

(4) These Rules shall come into operation on the 1st day of November 2013.

Acquisition of easements and profits by prescription

2. The Land Registration Rules 2012 are amended by the substitution of the following for Rule 46 of those Rules:

46. (1) Pursuant to section 49A of the Act, any person claiming to be entitled to an easement or profit à prendre pursuant to Sections 33 to 38 of the Act of 2009, may apply for the registration of such right in Form 68 with such modifications as the case may require. The Authority, if satisfied that the relevant requirements of that Act have been met, and following service of such notices on the servient owner, may cause, as appropriate, the claimed easement or profit à prendre to be entered as an appurtenance in accordance with Section 82 of the Act, as a burden pursuant to Section 69(1)(jj) and, in the case of a profit à prendre in gross, to be entered in the register maintained under Section 8(b)(i) of the Act.

(2) The notice shall be in Form 69.

(3) Where the dominant title of the applicant is not registered, the application must be accompanied by an application for first registration 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.

Registration of judgment mortgage

3. The Land Registration Rules 2012 are amended by the substitution of the following for Rule 110 of those Rules:

110. (1) Application for registration of a judgment mortgage as a burden on registered property pursuant to Section 116 of the Act of 2009 shall be made in Form 60 and shall have endorsed a certificate that the judgment was obtained, signed by the proper officer of the relevant District Court, Circuit Court or, in the case of a Supreme Court or High Court judgment, the High Court.

(2) The entry in the register shall be in Form 61, with such variation as the Authority may, in special circumstances, direct.

4. The Land Registration Rules 2012 are amended by the insertion of the following Rules immediately after Rule 110 of those Rules:

110A.(1) Application for registration of a judgment mortgage as a burden on registered property in execution of a judgment for the payment of a sum of money that is recognised under the Brussels I Regulation shall be made in Form 60A.

(2) The application shall be accompanied by:

(i) Official copy of the relevant judgment

(ii) Official copy of the order of the Master of the High Court declaring the judgment enforceable.

(3) The entry in the register shall be in Form 61, adapted to the circumstances of the case.

(4) The Brussels I Regulation has the meaning given to it by the European Communities (Civil and Commercial Judgment) Regulations 2002 (S.I. No. 52/2002).

110B.(1) Application for registration of a judgment mortgage as a burden on registered property in execution of a European Enforcement Order for the payment of a sum of money shall be made in Form 60B.

(2) The application shall be accompanied by:

(i) Official copy of the relevant judgment

(ii) Official copy of the European Enforcement Order certificate

(iii) Where necessary, a transcription of the European Enforcement Order certificate or a translation thereof into Irish or English.

(3) The entry in the register shall be in Form 61, adapted to the circumstances of the case.

(4) European Enforcement Order has the meaning given to it by the European Communities (European Enforcement Order) Regulations 2005 (S.I. No. 648/2005).

Forms

5. The Schedule of Forms to the Land Registration Rules 2012 is amended by the substitution of the Forms set out in the schedule hereto and numbered 3, 17, 37, 38, 39, 60, 64, 84 and 96 for the forms numbered 3, 17, 37, 38, 39, 60, 64, 84 and 96 in that Schedule.

6. The Schedule of Forms to the Land Registration Rules 2012 is amended by the insertion of Form 60A and 60B set out in the schedule hereto immediately after Form 60 in that Schedule.

SCHEDULE OF FORMS

FORM 3

Application for first registration where purchase money or compensation does not exceed €1,000,000 (Rule 19(3) and(4))

LAND REGISTRY

County

1. I, (insert solicitor’s name) am the solicitor for (insert full name and address of the applicant) who is applicant for registration as owner.

2. I have investigated the title to the property described in the conveyance dated the day of , (or, other instrument) lodged herewith. The property in or over which the estate or interest acquired by the conveyance (or, other instrument) exists is shown on the application map lodged herewith edged red and lettered.

3. As a result of my investigation of the title, I certify that the conveyance (or, instrument) conveyed (or, vested) the fee simple in the property (or, the lessee’s interest in a lease dated the day of , from to in the property for years from (commencement date) , an attested copy of which is lodged herewith, (or, other right acquired in the property) in the applicant, free from any adverse rights, restrictive covenants or incumbrances, except those subject to which the conveyance (or, instrument) expressly conveyed the property.

4. I certify that (save for the mortgage set out in paragraph 8) the said property remains free from any adverse rights, restrictive covenants or incumbrances (other than those already referred to at paragraph 3 hereof) and that there is not at the date of this certificate any transaction which affects or may affect the said property other than as stated herein.

5. The purchase money of (or, the compensation for) the property did not exceed €1,000,000. The whole of it had been paid to the person (or persons) entitled thereto or authorised to give receipts therefor.

6. I certify that the prior title is not based on possession.

7. I certify that the interest conveyed/assigned is not an enlargement of a prior interest held by the applicant in the property.

8. I apply for registration of the applicant as owner with absolute title (or qualified title (qualified as to )) (or good leasehold title) and for the registration as burdens of (the mortgage dated between and ) and the following rights appearing from the said conveyance (or, instrument) to affect the ownership.

Dated this day of 20 .

Signed:

Note — The legal opinion set out in Rule 19(6) may be furnished in Form 3 adapted as the case may require.

FORM 17

Application for registration of ownership or other entries (Rule 11). May be electronically submitted by account holders of landdirect.ie (www.landdirect.ie)

1. APPLICATION TYPES

Please tick ✓ as appropriate, all application types, the documents lodged to support the application and, for transfers (sale) and leases, state the consideration in the deed

Note: Registration in Registry of Deeds is recommended prior to lodgement of an application for first registration.

2. FOLIO DETAILS

3. FEES PAYABLE

Please complete the following sections using block capitals or typeface

4. APPLICANT DETAILS

If there are more than two applicants please use a continuation sheet and attach to this Form.

5. APPLICATION FOR REGISTRATION

I (the applicant or) as solicitor for the applicant(s) apply for registration of the above named as owner(s) as □ joint tenants / □ tenants in common of the property the subject of the application herein and (as the registered owner or person entitled to be registered owner) apply for registration of the burdens/ cautions/inhibitions in accordance with the documents lodged and assent to the registration of same as burdens on the property.

6. LODGED BY

7. IN THE CASE OF PERSONAL APPLICATIONS

SIGNATURE (Applications must be signed either by an individual practising solicitor or, if no solicitor acting, by all the applicant(s).)

Signed Name of Firm Date

Note (1) - Data held by the Property Registration Authority may be shared with other public bodies in accordance with public policy requirements and law. Details of data sharing with other public bodies is provided on our website www.prai.ie under Land Registry and is also available at our public offices.

FORM 37

Application by trustees for registration as full owners of property on the assent of the personal representative(s) where a registered owner died testate on or after the 1st June, 1959 (Rule 86)

LAND REGISTRY

County Folio

We, G.H. and I.J., are the persons entitled referred to in the within assent (or the assent annexed hereto) of the personal representative of C.D.

We apply to be registered as owners of the property (subject to the charges burdens and rights set out in the Schedule hereto affecting the property that have priority to the trusts on which we hold the property and we assent to the registration of such burdens and to the entry of an inhibition to protect such rights) (see Note (1)).

We apply for the entry of the following inhibition in the register on our registration — (insert restriction appropriate for the protection of rights aforesaid — see Form 77).

Our addresses in the State for service of notices and our descriptions are:-

(give address and description)

Schedule

(where necessary)

Dated the day of 20 .

Signed:

(To be signed by the applicants and their signatures attested. If not attested by a solicitor, an affidavit by the attesting witness may be required.)

Note (1) — Where the Trustees hold on trust for sale...