Priority Entries

• Original version: <a href='/vid/priority-entries-907695885'>Priority Entries</a>

1. Introduction

1.1 Scope of Practice Direction (PD)
This PD encompasses procedures to be followed when an application is made for the entry of a Priority Entry on the register. The Priority Entry replaces the former application for Priority Search.

1.2 Sections of the Act and Rules applicable

• Section 108, Registration of Title Act, 1964
• Section 66, Registration of Deeds and Title Act 2006
• Rules 161 to 163, Land Registration Rules 2012 “LR Rules, 2012”

1.3 Acts Commonly Cited

• Registration of Title Act, 1964 “the 1964 Act”
• Registration of Deeds and Title Act 2006 “the 2006 Act”

2. General

A Priority Entry may be applied for by a person who has entered a contract to purchase, or take a lease of or lend money on the security of a charge on registered land (section 108 (1) of the 1964 Act as substituted by Section 66 of the 2006 Act; Rule 161 of the LR Rules, 2012.

The Priority Entry should only affect the property the subject of the contract. Where part only of a Folio is affected, a map should be lodged or other sufficient identification in accordance with Rule 56 of the LR Rules, 2012. If the Land Registry Map is maintained in digital form, an “ITM Title Plan” or an OSi “Land Registry Compliant Map” will be required.

The relevant Forms used to register the Priority Entry are contained in the LR Rules, 2012. Appendix refers. The fee payable is €40 (item 28, Land Registration (Fees) Order 2012, S.I. 380 of 2012).

3. Applying for a Priority Entry

An application in LR Form 93 must be lodged together with a map (if required) and the prescribed fee. The form should be suitably amended where only a part of the folio is affected. The application must confirm that the notice in LR Form 94 was served on the other party to the contract.

4. Registration of a Priority Entry

Priority Entries should, if in order, and if at all possible, be completed on the same day they are lodged. If not in order, the application should be rejected. The following entry (LR Form 95) is to be entered on the relevant folio:

“The [part of the] property [shown as Plan..] is subject to the priority to be conferred by section 108 of the Registration of Title Act 1964 as substituted by section 66 of the Registration of Deeds and Title Act 2006”.

On completion of the application, a “Completion Notice” is to issue to the lodging party. The Priority Entry protects the intended purchaser, lessee or chargee for 44 days from the date of registration.

5. Lodgement of dealing protected by Priority Entry

To...