Land Registration (Solicitors’ Costs) Rules, 1970

• Jurisdiction: Ireland
• Citation: IR SI 28/1971

S.I. No. 28 of 1971.
LAND REGISTRATION (SOLICITORS' COSTS) RULES 1970.
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 14th day of May, 1970.
Maurice J. L. MacGowan, Francis J. Lanigan, Desmond L. McAllister.
I concur in the making of these Rules.
Dated this 26th day of January, 1971.
DESMOND O'MALLEY,
Minister for Justice.
S.I. No. 28 of 1971.
LAND REGISTRATION (SOLICITORS' COSTS) RULES, 1970.
PRELIMINARY AND GENERAL.
	1 Commencement.	1. These Rules shall come into operation on the 15th day of February, 1971.
	2 Short title and citation.	2. (1) These Rules may be cited as the Land Registration (Solicitors' Costs) Rules, 1970.
(2) These Rules shall be read with the Land Registration Rules, 1966, and shall be deemed to be incorporated therewith, and shall, so far as inconsistent therewith, alter or amend the same.
(3) These Rules and the Land Registration Rules, 1966, may be cited together as the Land Registration Rules, 1966 to 1970.
	3 Interpretation.	3. In these Rules—
The expression "the Act of 1881" means the Solicitors' Remuneration Act, 1881;
the expression "the Act" means the Registration of Title Act, 1964 ;
the expression "the 1966 Rules" means the Land Registration Rules, 1966;
the expression "the Order of 1884" means the Solicitors' Remuneration General Order, 1884, made pursuant to the Act of 1881 and dated the 16th day of April, 1884;
the expression "the Order of 1951" means the Solicitors' Remuneration General Order, 1951, made pursuant to the Act of 1881 and dated the 11th day of December, 1951.
the expression "the Order of 1960" means the Solicitors' Remuneration General Order, 1960, made pursuant to the Act of 1881 and dated the 5th day of August, 1960.
	4 Amendment of Rule 121(6) of 1966 Rules.	4. Rule 121(6) of the 1966 Rules is hereby amended by the substitution of the words "Part VI of the Schedule to the Land Registration (Solicitors' Costs) Rules 1970" for the words "Part VI of the Schedule of costs to these Rules".
	5 Recission of Part VII of the 1966 Rules.	5. Part VII of the 1966 Rules and the Schedules of costs to the 1966 Rules are hereby rescinded.
	6 Orders of 1884 and 1960 as varied to apply.	6. The remuneration of a solicitor for conveyancing or other business with registered property, not being business in any action, or transacted in any court or in the chambers of any judge or master, shall be regulated by the Orders of 1884 and 1960 as varied by these Rules.
	7 Sales, purchases and charges.	7. (1) The following provisions shall apply in respect of sales, purchases and charges completed.
(i) Where the property is registered with a possessory title that cannot be converted into an absolute title except after the examination of title prescribed by rules 36 and 37 of the 1966 Rules—
(a) the remuneration of the solicitor for the vendor or person charging the property shall be the charges set out in Part I of the Schedule of Costs to these Rules, provided that such title shall have been shown as would enable the purchaser or chargee to have the title registered as absolute;
(b) the remuneration of the solicitor for the purchaser or chargee shall be the charges set out in Part I of the Schedule of Costs to these Rules, provided that an application to convert the possessory title is made when registration of the ownership or of the charge is applied for and effect is given to the investigation of the title made on the sale or charge by the registration of the title as absolute. The remuneration shall cover all charges in connection with the conversion of the title. If such conversion is not applied for and obtained, the remuneration shall be two-thirds of the foregoing remuneration.
(ii) Where
(a) the property is registered with a possessory title that cannot be converted except after the examination of title prescribed by rules 36 and 37 of the 1966 Rules, and such title as would enable the purchaser or chargee to have the title converted shall not have been shown, or
(b) the property is not registered with a possessory title or is registered with a possessory title that may be converted on an application under rule 33, 34, or 35 of the 1966 Rules,
the remuneration shall be half the charges set out in Part I of the Schedule of Costs to these Rules. The conversion of a title on an application under rule 33, 34 or 35 shall be deemed to be part of the business in connection with the sale or charge and the solicitor obtaining the conversion shall also be entitled to the remuneration therefor prescribed by rule 9 (1) (ii) of these Rules.
(2) In respect of all sales, purchases or charges, completed or not completed, for which the remuneration prescribed by the foregoing provisions of this rule is not chargeable, the remuneration shall be the charges prescribed by clause 2(c) of the Order of 1884 amended by the Order of 1960 as varied by rules 9 and 14 of those Rules.
	8 Leases and fee-farm grants.	8. The following provisions shall apply in respect of leases, fee-farm grants and agreements therefor:
(i) The remuneration for leases or agreements for leases at rack rent (other than mining leases or leases for building purposes or agreements therefor) shall be the charges set out in Part II of the Schedule of Costs to these Rules.
(ii) The remuneration for conveyances in fee or for any other freehold estate reserving a rent (not being a fee-farm grant under the Renewable Leasehold Conversion Act, 1849, or the Church Temporalities Acts) or for building leases reserving rent or other long leases not at rack rent or agreements therefor or mining leases or licences or agreements therefor shall be the charges set out in Part III of the Schedule of Costs to these Rules. Where a conveyance or lease is partly in consideration of a money payment or premium and partly in consideration of a rent, then, in addition to the remuneration hereby prescribed in respect of the rent, there shall be payable a further sum equal to the remuneration on a purchase at a price equal to such money payment or premium, such further remuneration to be ascertained as prescribed in rule 7 of these Rules.
	9 Other business.	9. (1) The following provisions shall apply in respect of the transactions specified therein:
(i) For all charges on any transfer (except a transfer on sale) by a registered owner or his personal representative or on a transfer by a registered trustee to another trustee or to a beneficiary, including charges for instructions and for the drawing, engrossing, execution and completion of the instrument and any consent, affidavit or statement required in connection therewith, and for the registration of the ownership and burdens (if any) created and the discharge of the burdens (if any) discharged, to give effect to the transfer, the remuneration to the solicitor for the transaction completed shall be the charges set out in Part IV of the...