Local Registration of Title (Ir) Act, 1891, and Serridge, Re; Provincial Bank of Ireland v Trustees of Insurance Fund

• Jurisdiction: Ireland
• Judgment Date: 01 January 1926
• Date: 01 January 1926
• Court: High Court (Irish Free State)

Provincial Bank v. Trustees of Insurance Fund.

In the MATTER of the LOCAL REGISTRATION OF TITLE (Ir.) ACT, 1891, and of JOHN SERRIDGE, aRegistered Owned of Land; PROVINCIAL BANK OF IRELAND, Limited

Plaintiffs

and

TRUSTEES OF INSURANCE FUND

Defendants.

Land Registry - Deed sent for registration - Insufficient fees sent - Deed not registered on date of receipt - Loss of priority - Payment of fees essential for registration - Mistake of Registration Official - Rectification of the register - Conclusiveness of the register - Claim against Insurance Fund - Local Registration of Title (Ir.) Act, 1891 (54 & 55 Vict. c. 66),sect. 34, sect. 93, sub-sect. (1) (a) and (b).

On 4th March, 1925, a solicitor sent for registration to the Registrar of Titles, Roscommon, a deed and transfer, M'Greevy to Clancy, dealing with Folios Nos. 14,810 and 14,805. On the next day he sent for registration a deed of charge, Serridge to the Provincial Bank, dealing with Folio No. 7,116. In both letters he sent what he thought were the correct fees. In acknowledging receipt of both letters on 6th March, the Registrar asked for a certificate of valuation in "M'Greevy to Clancy"; and then, in his letter, under the heading, "Folio No. 7,116, M'Greevy to Clancy," asked the solicitor to send him 1s. "for writing up land certificate." "M'Greevy to Clancy" in the latter part of this letter was an error for "Serridge to Provincial Bank." The solicitor sent the certificate of valuation for"M'greevy to Clancy," but did not send the additional 1s. fee "for Serridge to Provincial Bank." The Registrar wrote acknowledging the receipt of the certificate of valuation, and asking for "an additional 2s. 6d. fees" in "M'Greevy to Clancy," which the solicitor sent. On 21st April the Registrar wrote, under the heading, "Serridge to Provincial Bank,"requesting a reply to his letter of 6th March, asking for the 1s. additional fee. The solicitor replied, stating that he could not trace receipt of the Registrar's letter therein, but he enclosed the 1s. fee. The solicitor subsequently ascertained that the charge, Serridge to the Provincial Bank, was not registered until April 24th, the date when the Registrar received the 1s. fee (the Registrar holding that until the proper fees were paid the deed could not be registered), but that in the meantime, on April 2nd, a judgment mortgage in favour of M. Q. had been registered against the lands. An application was then made by the Bank to Wylie J. for an order directing the Local Registering Authority for Roscommon to register the Bank's charge as of the 6th March, or that the Folio might be rectified by registering their charge in priority to the judgment mortgage of M. Q. Wylie J. made no rule as to the question of priorities between the judgment mortgage and the Bank's charge, and ordered the Bank to pay £6 6s. costs to M. Q., with liberty to the Bank to add the £6 6s. costs to any claim the Bank might make against the Insurance Fund established under the Local Registration of Title (Ir.) Act, 1891. Subsequently the Bank made a claim against the Insurance Fund:

Held by Wylie J., that the Bank were entitled to compensation out of that Fund, but they were directed, within six months from the date of the order of the Court, to exhaust all other remedies to raise the full amount of their charge.

Motion.

The Provincial Bank of Ireland, Ltd., applied for liberty, when the amount of the loss suffered by them by reason of the delay in the registration of a charge in their favour on Folio No. 7,116, County of Roscommon (Lands of Glebe), had been ascertained, to prove for...