S.I. No. 132/1944 - Land Registration Fee Order, 1944.

STATUTORY RULES AND ORDERS. 1944. No. 132.

LAND REGISTRATION FEE ORDER, 1944.

The Minister for Justice, with the consent of the Minister for Finance, in exercise of his power in Section 8 (1) of the Registration of Title Act, 1891, as amended by Section 66 of the Courts of Justice Act, 1936 , and of every other power enabling him in this behalf, hereby orders that the fees to be taken in the Land Registry for the purposes of the Registration of Title Acts, 1891 and 1942, shall be those herein prescribed, as from the 1st day of June, 1944.

LAND REGISTRY.

REGULATIONS REGARDING FEES.

PRELIMINARY.

1. The fees to be charged and taken in the Land Registry in proceedings under the Registration of Title Acts, 1891 and 1942, hereinafter called " the Act of 1891 " and " the Act of 1942," respectively, shall be as set forth in the Schedule annexed hereto, and all such fees shall be payable by means of Land Registry Stamps.

DEFINITIONS OF " VALUE."

2. For the purposes of the transaction, hereinafter mentioned the term " Value " shall have the meanings respectively set forth hereunder, that is to say :—

(1) Applications for first registration, discharge of equities and cancellation of notice of possessory or qualified title :—

Twenty-five times the amount of the Poor Law Valuation of the property.

(2) Applications for the first registration of a leasehold estate by or on behalf of any person other than the original lessee where the property is not separately valued :—

(i) Twenty times the amount of the Rent together with the Fine (if any), or

(ii) The Amount (if any) for which the Lessee Covenants to Insure the Premises, whichever is the greater.

(3) Applications for the registration of the ownership of a charge, the ownership of which was not registered at the time of the entry of the charge as a burden :—

The Value as defined in Clause (9).

(4) Applications for the registration of the ownership of a fee farm rent or rentcharge :—

Twenty Times the amount of the Fee Farm Rent or Rentcharge.

(5) Applications for the registration of the ownership of :—

(a) Incorporeal hereditaments of freehold tenure (other than fee farm rents or rentcharges), or

(b) any other right (the ownership of which is not registered in a freehold register) :—

The consideration (if any) expressed in the Instrument creating the hereditament or right, or £150 whichever is the greater, or (if no consideration is expressed), £150.

(6) Transfers on sale :—

The amount of the Consideration expressed in the Instrument, together with the Amount of any Registered Charge (except a Land Purchase Annuity or a Charge under the Small Dwellings Acquisition Acts, 1899 to 1931), subject to which the lands are transferred, Provided that if the Instrument comprises also Unregistered Land, the value shall be the proportionate part of the consideration referable to the registered land only.

(7) Transfers (other than those for money consideration), and settlements :—

Twenty-five times the amount of the Poor Law Valuation of the property.

Note.—On the occasion of each Change of Ownership under a Settlement Full Fees are payable.

(8) Transfers by way of fee farm grant or any grant reserving a rentcharge :—

Twenty Times the amount of the Fee Farm Rent or the Rentcharge (as the case may be) added to the Purchase Money, Fine or Premium (if any) in the Transfer.

(9) Money Charges (including Judgment Mortgages) :—

(a) Where the amount of the Charge is a Definite Sum :—

The Amount secured.

(b) Where the Charge is to secure an indefinite sum :—

The Amount Covered by the Stamp Duty.

Twelve Times the amount of the Annual Sum payable.

(d) Where the Charge is to secure a Perpetual Rentcharge :—

Twenty Times the Annual Sum payable.

Note.—Where the Charge is secured also on property other than Registered Land, the value shall be such amount as bears the same proportion to the whole amount secured as the value of the Registered Land bears to the value of the whole security.

(10) Burdens (other than Money Charges) :—

(a) Rights of Residence, support and similar rights :—

The Value (as defined in Clause (9)) of the Alternative Payment (if any) reserved,

or,

£100, whichever is the greater, or (if no alternative payment is reserved), £100.

(b) Easements, Profits à prendre, and similar incorporeal rights :—

The amount of the Consideration expressed in the the Instrument, or

£100, whichever is the greater, or (if no consideration is expressed therein), £100.

(11) Transfers or Releases of Burdens :—

The amount (if any) of the Consideration expressed in the Instrument of Transfer or Release, or (if no consideration is expressed therein), the Value as defined in Clause (9) or (10).

(12) Transmissions on the deaths of registered owners of land or of charges :—

(a) In the case of Land :—

Twenty-five times the Poor Law Valuation of the Land.

(b) In the case of a Charge :—

The Amount of the Charge.

GENERAL.

3. No fee shall be charged for the registration of the ownership of a charge made on the Freehold Register of the property charged if such registration is made at the time of registering the charge as a burden.

4. Where an Instrument of Transfer or a Will contains also a Charge or Burden on the lands transferred or devised, or where an Instrument of Transfer and an Instrument Charging the LandsTransferred are lodged at the same time, Half Fees only shall be payable on the Charge or Burden.

5. Where a Deed of Transfer or Will contains two or more Distinct Charges, Half Fees are to be paid on the amount of each Charge and not merely on the total amount of the Charges.

6. In the case of a transfer or transmission of the interest of a person registered as tenant in common, or a transfer of the interest of a person registered as joint tenant, fees shall be chargeable only on the value of the interest passing.

7. Where any entry (other than an entry for which the fees are calculated on the value as defined by Regulation 2, above), is to be made on more than one folio of the Register; there shall be chargeable, in addition to the fee payable for the entry on the first Folio, a fee of 2/6d. for the entry on every subsequent Folio.

8. The fees payable shall include all work done in the Land Registry, including the filing of Affidavits, Assents and other documents necessary for the completion of each transaction.

9. No fee exceeding £30 shall in any case be charged or taken.

10. Where an application for registration of a transaction is abandoned or withdrawn, or its registration is refused, the Registrar may charge such fee as he shall think reasonable having regard to the time and labour involved ; but the fee payable shall not in any case be less than 10/-, or the full fee prescribed for the transaction, if under 10/-.

11. No registration shall be made and no other transaction shall be done or completed until the Registry fee stamp for the fee payable therefor is affixed to and cancelled by perforation on the application, or such other document filed in connection with the transaction as the Registrar may from time to time direct.

12. No fee shall be payable for the entry of an Inhibition made necessary by the Acts of 1891 and 1942, or the Rules made thereunder, on a first registration or a subsequent registration for which an ad valorem fee is payable.

13. Nothing in this Order shall authorise the taking of a fee for any registration or transaction that is required by Statute or the 1937 Rules or the 1944 Rules to be made or done free of charge.

14. A transferee of land subject to Part IV of the Act of 1891 who claims exemption from a registration fee under Sec. 87 (3) of that Act shall satisfy the Registrar that the transfer from the personal representative is to him as the only person beneficially entitled under the will or intestacy of the deceased registered owner.

15. In this Order " the 1937 Rules " mean the Land Registration Rules, 1937, and " the 1944 Rules " mean the Land Registration Rules, 1944, and any subsequent Rules amending or revising said Rules respectively, and words and expression defined in the Rules have the same meaning in this Order.

16. Every Order under the Act of 1891, regulating the amount of fees in force at the date of this Order is hereby revoked from the date of the coming into operation of this Order.

17. This Order shall come into operation on the 1st day of June, 1944, and may be cited as the Land Registration Fee Order, 1944.

Given under the Official Seal of the Minister for Justice this 8th day of May, 1944.

GERALD BOLAND,

Minister for Justice.

The Minister for Finance hereby consents to the foregoing Order.

Given under his Official Seal this 9th day of May, 1944.

J. J. McELLIGOTT.

SCHEDULE BEFORE REFERRED TO.

PART I.

Applications for First Registration and for Discharge of Equities and other Transactions requiring Investigation of Title.

Item 1. Applications for :—

(a) First Registration of Freehold Land

(b) First Registration of a Leasehold Title by or on behalf of any person other than the original lessee (see Item 2 infra).

(d) First Registration of the Minister of a Department of State or Public. Officer or Body under Rule 20 of the 1937 Rules.

(e) Registration of the ownership of a Charge in the Freehold Register of the property charged, or of a Charge or of a right (including an incorporeal hereditament of freehold tenure) in a Subsidiary Register (but see Regulation 3 supra).

(f) The examination of title required by Section 53 (2) (d) of the Act of 1891.

(g) The cancellation of Notice of Equities or of a possessory or qualified title.

	£	s.	d.
Where the Value does not exceed £100	1	0	0
Where the Value exceeds £100 but does not exceed £1,500.
For every additional £50 or part thereof	0	5	0
Where the Value exceeds £1,500 but does not exceed £2,500.
For every additional £50 or part thereof	0	4	0
Where the Value exceeds £2,500 but does not exceed £3,500.
For every additional £50 or part thereof	0	3	0
Where the value exceeds £3,500.
For every additional £50 or part thereof	0	1	6

Item 2.

Application for the First Registration of Leasehold property by or on behalf of the original lessee of a Lease

PART II.

Dealings.

Item 3

(a) Transfers.
(b) Burdens (other than Leases) and Transfers of Burdens.
(c) Cancellation of Burdens (except Leases) involving investigation of title to the burden (see Item 4 infra).
(d) Registration of an Ownership under an Order of the Court. (but See Item II infra).
(e) Transmissions on death,
(Except applications for registration of Personal Representatives under Rule 88 of the 1937 Rules). (See Item 5 infra).
Where the Value does not exceed £50	0	10	0
Where the Value exceeds £50 but does not exceed £100	0	16	0
Where the Value exceeds £100 but does not exceed £1,000,
For every additional £50 or part thereof up to £1,000	0	5	0
Where the Value exceeds £1,000 but does not exceed £2,000,
For every additional £50 or part thereof up to £2,000	0	4	0

	£	s.	d.
Where the Value exceeds £2,000 but does not exceed £3,000,
For every additional £50 or part thereof up to £3,000	0	3	0
Where the Value exceeds £3,000,
For every additional £50 or part thereof	0	1	6

Item 4.
Cancellation of Burdens (other than Leases) which does not involve investigation of title to the Burden.
Where the Value does not exceed £100	0	10	0
Where the Value exceeds £100 but does not exceed £500	0	15	0
Where the Value exceeds £500	1	0	0
Item 5.
(a) Registration of a personal representative of a deceased registered owner under Rule 88 of the 1937 Rules (see Item 3 (e) supra).
(b) Registration of the assignee of a limited owner
(c) Registration of Trustees as owners of property
Where the Value does not exceed £500	0	10	0
Where the Value exceeds £500	1	0	0
Item 6.
Leases (whether as burdens or on cancellation	1	0	0
Item 7.
Cautions, Inhibitions (other than Inhibitions entered on consent), Lis Pendens, Recognizances	0	15	0
Item 8.
Registration of assignees or trustees in bankruptcy of a bankrupt or an arranging debtor	0	10	0
Item 9.
Re-registration of a bankrupt or arranging debtor or the cancellation of an assignee of his limited estate under Rule 82 (5) of the 1937 Rules	0	10	0
Item 10.
Entry of the name of a new trustee of a settlement on the Register	0	10	0
Item 11.
Application for registration of a successor in title of a deceased registered owner under order of the Court pursuant to Sec. 21 of the Act of 1942	0	10	0
Item 12.
Registration of a purchaser under the Labourers' Act, 1936	0	10	0
Item 13.
Rectification of the Register under an Order of the Court (but see Item 3 (d) supra.)	0	10	0
Item 14.
Withdrawal of the name of a joint tenant from the Register on his death	0	10	0
Item 15.
Entry in a Register of an address or description or change or amendment of name or description	0	2	0
Item 16.
Where an entry (other than an entry for which an ad. valorem fee is charged) is made on more than one Folio of the Register, For such entry on every subsequent Folio	0	2	0

PART III.

Land Certificates and Certificates of Charges

		£	s.	d.
Item 17.
Land Certificate (save where issued free under any statute)		1	0	0
Item 18.
Certificate of Charge (other than a Certificate of Charge endorsed on an instrument under Rule 156 of the 1937 Rules)		0	10	0
Item 19.
Certificate of Charge endorsed on an instrument under Rule 156 of the 1937 Rules		0	5	0
Item 20.
Filing fee on affidavit grounding an application under Rule 168 of the 1937 Rules :—
(a) for the issue of a duplicate Certificate of Title where the Original has been lost or destroyed, or
(b) for an Order dispensing with production of a Certificate of Charge which has been lost or destroyed (exclusive of Notice Fee, see Item 43 infra)		0	5	0
Item 21.
Comparing with the Register and reissuing a Certificate of Title if fee therefor chargeable (Rule 159, 1937 Rules)		0	2	6
	and scrivenery fee for additional entries made.
If the Certificate is returned by post		0	1	0
	additional fee payable.

PART IV.

Sealed Copies and Extracts.

Item 22.
Scrivenery fee where payable	6d. per folio of 72 words.
Item 23.
For sealed copies of Folios of the Register or filed instruments, affidavits, orders or rulings.	Minimum fee	0	5	0
Where copy exceeds 5 folios		0	5	0
	and scrivenery fees.
Item 24.
Recertifying and re-sealing copy Folios or other sealed copies :—
(a) Where no additional entries are made		0	2	6
(b) Where additional entries are made on such re-certification and re-sealing		0	2	6
	and scrivenery fees.
Item 25.
Certified Extracts from the Register, showing subsisting entries only		0	5	0
	and scrivenery fees.
Item 26.
Comparing duplicate documents with documents filed in the Registry	3d. per folio of 72 words.

PART V.

Searches Inspection and Production of Documents.

Item 27.		£	s.	d.
Certificate of Official Search		0	10	0
For each ownership returned after the first, an additional fee of		0	2	0
Item 28.
Search Docket entitling the holder to search the indexes relating to any one title in any one day		0	1	0
Item 29.
Fee for inspecting each Folio, Map, or Instrument not to exceed a maximum fee of		0	1	0
	0	5	0
Item 30.
Requisition for production of filed instrument or record in Court,
(a) in Dublin or the County town of a County		0	13	4
	(if official attends on more than 1 day a further fee of 12s. 6d. for each additional day).
(b) elsewhere, exclusive of travelling and other expenses of official	21s. for each day's attendance of official.
Item 31.
Delivery of a filed instrument on returnable receipt when delivery is authorised		0	2	0
Item 32.
Filing application for an order for production of a Land Certificate or other Certificate of Title under Rule 37 of the 1994 Rules		0	5	0

PART VI.

Maps.

Item 33.
(a) Standard fee for certified copy of plan of lands on a Folio on 6-inch scale	0	15	0
(b) Do. on the 25-inch scale	1	0	0
(c) For each additional holding on the same copy Map and Ordnance Sheet	0	5	0
Note.—Where in a particular case the Registrar is of opinion that the Standard Fee would not be appropriate, he may charge such fee as he may think reasonable, having regard to the extent or value of the property.

PART VII.

Miscellaneous.

Item 34.
Requisition to close the Register where the title has been voluntarily registered	3	0	0
Item 35.
Entry on the Register of a note of the conclusiveness of the boundaries under Rules 140 to 149 of the 1937 Rules, including, the marking of the Registry Map	1	0	0

	£	s.	d.
Item 36.
Filing Deeds other than those in the prescribed form	0	10	0
Item 37.
Where an application for registration of a transaction is abandoned, withdrawn, or refused, the Registrar may, under Rule 12 (ante), charge such fee as he shall think reasonable, but not less than a minimum fee of	0	10	0
or if the prescribed fee is less than 10s.	The full prescribed fee.
Item 38.
Summons by Registrar (Rule 206 of 1937 Rules)	0	10	0
Item 39.
Memorandum of Registrar for Court (Rule 211 of 1937 Rules)	1	0	0
	and scrivenery fees.
Item 40.
Making any note or entry for which no other fee is prescribed	0	10	0
Item 41.
Filing application for compensation under Section 22 of the Act of 1942	0	5	0
Item 42.
Fee for issuing further Rulings on Title arising out of replies to prior Rulings of an Examiner	0	5	0
Item 43.
Notice Fee for each notice served by the Registry (except a Forgery Notice)	0	1	0

TABLE OF REGISTRY FEES

ON THE

AD VALOREM SCALES.

The fee on a value not given in this Table is the same as the fee on the next higher value given.

VALUE (for definitions of " Value," see Regulation 2 (supra)).	Applications for First Registration, Discharge of Equities, and other transactions involving investigation of title, (see Item I, Part I of Schedule (supra)).			Transfers, Burdens, (other than Leases) Transmissions, etc. (see Item 3, Part II of Schedule (supra)).			Cancellations of Burdens, (other than Leases) not involving investigation of title to Burden (see Item 4, Part II of Schedule (supra)).				Variation of fees in certain cases, (see Regulations 3 and 4, and Item 36).
(1)	(2)			(3)			(4)				(5)
£	£	s.	d.	£	s.	d.		£	s.	d.
50	1	0	0	0	10	0	}	0	10	0	Note 1.
100	1	0	0	0	16	0				AN ADDITIONAL FEE OF 10s. is payable when the deed is NOT IN THE PRESCRIBED FORM (see Item 36, part VII of Schedule.)
150	1	5	0	1	1	0
200	1	10	0	1	6	0
250	1	15	0	1	11	0
300	2	0	0	1	16	0		0	15	0
350	2	5	0	2	1	0
400	2	10	0	2	6	0
450	2	15	0	2	11	0
500	3	0	0	2	16	0
550	3	5	0	3	1	0					Note 2.
600	3	10	0	3	6	0					NO FEE is payable for registering the ownership of a CHARGE if such registration is made AT THE TIME OF REGISTERINGthe Charge as a burden (see Regulation 3 (supra)).
650	3	15	0	3	11	0
700	4	0	0	3	16	0
750	4	5	0	4	1	0
800	4	10	0	4	6	0
850	4	15	0	4	11	0
900	5	0	0	4	16	0
950	5	5	0	5	1	0
1000	5	10	0	5	6	0
1050	5	15	0	5	10	0
1100	6	0	0	5	14	0		1	0	0
1150	6	5	0	5	18	0
1200	6	10	0	6	2	0					Note 3.
1250	6	15	0	6	6	0					(a) Where a TRANSFER OR WILL contains a CHARGE OR BURDEN on the lands TRANSFERRED or DEVISED OR
1300	7	0	0	6	10	0
1350	7	5	0	6	14	0
1400	7	10	0	6	18	0
1450	7	15	0	7	2	0
1500	8	0	0	7	6	0
1550	8	4	0	7	10	0
1600	8	8	0	7	14	0
1650	8	12	0	7	18	0
1700	8	16	0	8	2	0
1750	9	0	0	8	6	0
1800	9	4	0	8	10	0
1850	9	8	0	8	14	0
1900	9	12	0	8	18	0
1950	9	16	0	9	2	0

VALUE (for definitions of " Value," see Regulation 2 (supra)).	Applications for First Registration, Discharge of Equities, and other transactions involving investigation of title, (see Item 1, Part I of Schedule (supra)).			Transfers, Burdens, (other than Leases), Transmissions, etc. (see Item 3, Part II of Schedule (supra)).			Cancellations of Burdens, (other than Leases) not involving investigation of title to Burden (see Item 4, Part II of Schedule (supra)).				Variation of fees in certain cases, (see Regulations 3 and 4, and Item 36).
(1)	(2)			(3)			(4)				(5)
£	£	s.	d.	£	s.	d.		£	s.	d.
2000	10	0	0	9	6	0
2050	10	4	0	9	9	0
2100	10	8	0	9	12	0
2150	10	12	0	9	15	0
2200	10	16	0	9	18	0
2250	11	0	0	10	1	0
2300	11	4	0	10	4	0
2350	11	8	0	10	7	0
2400	11	12	0	10	10	0
2450	11	16	0	10	13	0
2500	12	0	0	10	16	0
2550	12	3	0	10	19	0
2600	12	6	0	11	2	0
2650	12	9	0	11	5	0
2700	12	12	0	11	8	0
2750	12	15	0	11	11	0
2800	12	18	0	11	14	0
2850	13	1	0	11	17	0
2900	13	4	0	12	0	0
2950	13	7	0	12	3	0		1	0	0
3000	13	10	0	12	6	0
3050	13	13	0	12	7	6
3100	13	16	0	12	9	0
3150	13	19	0	12	10	6
3200	14	2	0	12	12	0
3250	14	5	0	12	13	6
3300	14	8	0	12	15	0
3350	14	11	0	12	16	6
3400	14	14	0	12	18	0
3450	14	17	0	12	19	6
3500	15	0	0	13	1	0
3550	15	1	6	13	2	6
3600	15	3	0	13	4	0
3650	15	4	6	13	5	6
3700	15	6	0	13	7	0
3750	15	7	6	13	8	6
3800	15	9	0	13	10	0
3850	15	10	6	13	11	6
3900	15	12	0	13	13	0
3950	15	13	6	13	14	6
4000	15	15	0	13	16	0