Rules of the Superior Courts (Land and Conveyancing Law Reform Act 2009) 2010

• Jurisdiction: Ireland
• Year: 2010
• Citation: IR SI 149/2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th April, 2010.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), and the Courts (Supplemental Provisions) Act 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 3rd day of December, 2009.

John L. Murray

Nicholas Kearns

William McKechnie

Elizabeth Dunne

Patrick O’Connor

Paul McGarry

Noel Rubotham

Maeve Kane

I concur in the making of the following Rules of Court.

Dated this 12th day of April, 2010.

DERMOT AHERN,

Minister for Justice, Equality and Law Reform.

S.I. No. 149 of 2010

RULES OF THE SUPERIOR COURTS (LAND AND CONVEYANCING LAW REFORM ACT 2009) 2010

1. Subject to paragraph 2, these Rules shall come into operation on the 10th day of May 2010.

2. Any application for registration of a lis pendens containing the particulars required by law before 1 December 2009 for such registration which is received after 1 December 2009 and prior to the date mentioned in paragraph 1 shall be deemed to comply with the requirements for registration of a lis pendens in accordance with section 121 of the Land and Conveyancing Law Reform Act 2009 .

3. These Rules shall be construed together with the Rules of the Superior Courts 1986 to 2010 and may be cited as the Rules of the Superior Courts (Land and Conveyancing Law Reform Act 2009) 2010.

4. The Rules of the Superior Courts are amended:

(i) by the substitution for paragraph (3) of Order 3 of the following paragraph:

“(3) The payment into Court of any money in the hands of executors, administrators or trustees, or the payment into Court in respect of prior incumbrances by a mortgagee in accordance with the Land and Conveyancing Law Reform Act 2009 , section 107(1)(a).”;

(ii) by the insertion immediately following paragraph (9) of Order 3 of the following paragraph:

“(9A) An order under the Land and Conveyancing Law Reform Act 2009 , section 31, section 49(5), section 50(1), section 68, section 97(2), section 100(3) or both section 97(2) and section 100(3).”;

(iii) by the substitution for paragraphs (11) and (12) of Order 3 of the following paragraphs:

“(11) The appointment of a trustee (including a trustee mentioned in the Land and Conveyancing Law Reform Act 2009 , section 19) or a new trustee with or without a vesting or other consequential order; or a vesting order or other order consequential on the appointment of a new trustee, whether the appointment is made by the Court or out of Court; or a vesting or other consequential order in any case where a judgement or order has been given or made for the sale, conveyance or transfer of any land or stock; or a vesting order under the Trustee Act 1893, section 39; or an order directing a person to convey.

(11A) An order to resolve a dispute mentioned in the Land and Conveyancing Law Reform Act 2009 , section 22.

(11B) An order to approve an arrangement specified in an application under the Land and Conveyancing Law Reform Act 2009 , section 24.

(12) The determination of any question under the Land and Conveyancing Law Reform Act 2009 , section 55.”;

(iv) by the substitution for paragraph (15) of Order 3 of the following paragraphs:

“(15) Sale, delivery of possession by a mortgagor, or redemption; reconveyance, or delivery of possession by a mortgagee, otherwise than under the Land and Conveyancing Law Reform Act 2009 .

(15A) An action by a mortgagor to which the Land and Conveyancing Law Reform Act 2009 , section 94, applies.

(15B) An order on an application by a judgment mortgagee under the Land and Conveyancing Law Reform Act 2009 , section 117.”;

(v) by the substitution for paragraph (c) of sub-rule (2) of rule 4 of Order 5 of the following paragraph:

“(c) the redemption of mortgages;”;

(vi) by the substitution for rule 31 of Order 15 of the following rule:

“31. Wherever—

(a) any order has been made under section 31 of the Land and Conveyancing Law Reform Act 2009 , or

(b) in any action for the administration of the estate of a deceased person, or the execution of the trusts of any deed or instrument, or for the partition or sale of any hereditaments, a judgment or order has been pronounced or made—

(i) for an account; or

(ii) under Order 33; or

(iii) affecting the rights or interests of persons not parties to the action;

the Court may direct that any person affected by the order under section 31 of the said Act or interested in the estate or under the trust or in the hereditaments shall be served with notice of the judgment or order; and after such notice such persons shall be bound by the proceedings in the same manner as if they had originally been made parties and shall be at liberty to attend the proceedings under the judgement or order. Any person so served may, within one month after such service, apply to the Court to discharge, vary or add to the judgment or order.”;

(vii) by the insertion immediately following rule 11 of Order 33 of the following rule:

“12. References in this Order to incumbrances include references to judgment mortgages, and cognate words shall be construed accordingly.”;

(viii) by the insertion in rule 3 of Order 51 immediately following the words “In all cases where a sale” of the words “(including a sale directed under section 94(2) of the Land and Conveyancing Law Reform Act 2009 )”;

(ix) by the substitution for rule 3 of Order 54 of the following rule:

“3. Any mortgagee or mortgagor, whether legal or equitable, any person entitled to or having property subject to a legal or equitable charge, or person having the right to redeem any mortgage, whether legal or equitable, may take out a special summons for relief of the nature or kind specified in Order 3 (15), (15A) or (15B).”;

(x) by the substitution for paragraph (29) of rule 1 of Order 63 of the following paragraph:

“(29) An order to vacate a lis pendens on an application under section 123...