S.I. No. 96/1959 - Land Registration Rules, 1959

S.I. No. 96 of 1959.

LAND REGISTRATION RULES, 1959

WE, the Registration of Title Rules Committee, constituted pursuant to the provisions of section 73 of the Courts of Justice Act, 1936 , and section 4 of the Registration of Title Act, 1942 , by virtue of the powers conferred upon us by section 94 of the Registration of Title Act, 1891 and section 74 of the Courts of Justice Act, 1936 , with the concurrence of the Minister for Justice, do hereby make the following Rules.

Dated this 29th day of May, 1959.

Thomas Teevan, Judge of the High Court,

Maurice J. L. MacGowan

Francis J. Lanigan

Desmond L. McAllister.

I concur in the making of these Rules.

Dated this 29th day of May, 1959.

Oscar Traynor,

Minister for Justice.

CONTENTS

PART I

THE REGISTERS AND THE REGISTRY OFFICES

PART II

First Registration, Cancellation of Notices of Equities and of Possessory or Qualified Titles, and other Registrations involving Examinations of the Title of Persons to Unregistered Interests in Registered Property

Applications for first registration

PART III

DEALINGS WITH REGISTERED PROPERTY

General

PART IV

MISCELLANEOUS

PART V

COMPENSATION PAYABLE OUT OF THE CENTRAL FUND

PART VI

STATUTORY MODIFICATIONS OF THE ACT

PART VII

SOLICITORS' COSTS

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

PRELIMINARY

1 Date of Rules.

1. (1) These Rules shall come into operation on the 1st day of June, 1959, and may be cited as the Land Registration Rules, 1959.

(2) The Land Registration Rules, 1937 to 1956, are hereby rescinded, but rules 95 and 96 (and Forms 44, 45 and 46 referred to therein) of the Land Registration Rules, 1937, shall continue to apply in relation to the estate of any person dying before the 1st day of June, 1959.

2 Interpretation

2. (1) In these Rules " The Act " means the Registration of Title Act, 1891, as amended by any subsequent enactment;

" the Registry " means the Land Registry ; " the Registrar " means the Registrar of Titles ; " local registrar " means the Local Registering Authority ; " form " or " forms " means a form or the forms in the First Schedule hereto ; " Property " includes land, and any leasehold estate, incorporeal hereditament, or other right, in or to land, the ownership of which is or may be registered in the registers established by the Act ; " certificate of title " means a land certificate, certificate of charge and any certificate of ownership of property issued under the Act or these Rules ; " local authority " includes a County Council, County or other Borough Council, Urban District Council, the Commissioners of any town, and any public body or person established by or in pursuance of any statute to perform any of their functions ; and words and expressions defined in the Act have the same meaning as in the Act, where the context so admits.

(2) The Interpretation Act, 1937 , shall apply for the purpose of the interpretation of these Rules as it applies for the purpose of the interpretation of an Act of the Oireachtas, except so far as it may be inconsistent with the Act or these Rules.

3 When Registry open to public.

3. (1) The Registry shall be open to the public daily, except on Sundays, St. Patrick's Day, or the day kept as a holiday in lieu thereof, Good Friday, Easter Eve, Easter Monday, Whit Monday, the first Monday in August, Christmas Day, St. Stephen's Day, or the day kept as a holiday in lieu thereof, and the next following working day, and on any other day on which the Minister for Justice shall authorise it to be closed.

(2) The hours during which the Registry shall be open to the public shall be from 10.30 a.m. to 4 p.m., except on Saturdays. On Saturdays the hours shall be from 10.30 a.m. to 12.30 p.m.

PART I THE REGISTERS AND THE REGISTRY OFFICES

4 Form and contents of registers.

4. (1) The registers shall be kept in folios. Every folio shall bear a distinguishing number, and shall be authenticated by the Registry seal being affixed thereto. Every folio of a register hereafter to be opened shall consist of three parts.

(2) There shall be entered in the first part of a folio—

(a) a description of the property the ownership of which is registered, with a reference to the plan on the Registry Map of the land affected ;

(b) such notes as are authorised by the Act or these Rules relative to—

(i) easements and rights for the benefit of the property,

(ii) the inclusion of mines and minerals in, or their exclusion from the property,

(iii) the boundaries of the property,

(iv) the exemption of the property from any burden referred to in section 47 of the Act.

(3) There shall be entered in the second part of a folio—

(a) the name and description of the owner and his address in the State for service of notices ;

(b) such notes as have to be entered relative to—

(i) the extent of the ownership as prescribed by section 28 of the Act,

(ii) the devolution of the ownership,

(iii) the matters prescribed by sections 64, 71, 74, 76 and 78 of the Act ;

(c) cautions and inhibitions restricting the registration of dispositions of the property,

(d) a note of the death of the registered owner under rule 95 of these Rules.

(4) There shall be entered in the third part of a folio—

(a) the burdens the registration of which is authorised by section 45 of the Act,

(b) the ownership of a registered charge, where it is not registered in a subsidiary register, and, where the Registrar permits, subcharges on a registered charge and their ownership,

(c) notices of the existence of burdens that are or are deemed to be burdens that affect registered property without registration,

(d) cautions and inhibitions against registration of dealings with a registered burden the ownership of which is not registered in a subsidiary register.

(5) All existing folios of the registers shall be revised in accordance with the foregoing provisions of this rule whenever it becomes necessary to attach additional sheets thereto, or, at any time that the Registrar considers such revision expedient as being conducive to clarity.

5 Authentication, contents, and cancellation of entries.

5. (1) Entries and cancellations of entries in a folio of a register shall be authenticated in such manner as the Registrar shall direct.

(2) Every entry shall be clearly expressed and shall state with precision the particular property or interest in the property that it is intended to affect ; and no entry shall refer to matters that are not the subject of registration under the Act.

(3) Cancellation of an entry shall be made so that the entry shall remain legible.

6 Adjoining properties of an owner in two or more counties.

6. (1) Where a registered owner of property in a county is the registered owner of adjoining property situate in another county, registration of his ownership of it in either county and of the burdens thereon may, for the purpose of saving expense and facilitating transactions therewith, be made by reference to its registration in the folio of the property in the other county.

(2) Where registration by reference is so made, the folio in which the ownership and burdens are entered shall contain a description of all the property of which the ownership is registered therein.

7 Revision of folios of registers.

7. (1) On application of or after notice to the registered owner, the Registrar may, when he thinks it practicable or desirable, clear the title to property entered in a folio of a register by closing it and opening a revised folio for the property containing the subsisting entries only. He may, in doing so, make any rearrangement conducive to clarity, including the entry of the property in two or more folios, or the entry of property on two or more folios in one folio, or the altering of the number of a folio.

(2) The Registrar may order any person in whose custody a certificate of title may be to produce it to him for the purposes of the revision, which shall be deemed to be a dealing with the property that can be effected without the consent of the person having the custody of the certificate, and the provisions of section 81 (3) of the Act shall apply to any certificate so produced.

(3) Any person inspecting a revised folio of a register may inspect the closed folio or folios for which it is substituted.

8 Cancellation of determined entries.

8. (1) The Registrar may, at any time, after such inquiries and notices (if any) as he may consider proper, and upon such evidence as he shall consider satisfactory, withdraw from a folio of a register, by cancellation thereof, any burden, notice, or entry that he is satisfied no longer affects or relates to the property in the folio.

(2) No fee shall be charged for a cancellation made without application therefor under this rule.

9 Correction of clerical errors.

9. Where a clerical error is discovered in a register, the Registrar may, after giving any notices and obtaining any evidence or assent that he may deem proper, make the necessary correction.

10 Revision of descriptions of property.

10. The description of property in the registers shall be revised by the Registrar from time to time and made conformable with its description on the Registry Map as and when revised.

11 Indexes.

11. (1) There shall be maintained in the Registry an Index of names and an index of lands.

(2) The index of names shall contain the name and address of every registered owner of freehold land, a leasehold estate, or a right in a subsidiary register, and a reference to the folio of the register in which his ownership is entered.

(3) The index of lands shall contain the identification references on the Registry Map to every parcel of land of which an ownership is registered in the register of owners of freehold land, or on or out of which the ownership of a leasehold estate or an incorporeal hereditament is registered in the register of leaseholders, or a register of subsidiary interests, and a reference to the folio of the register in which the ownership is entered.

(4) The index of names kept in a local office shall not include the names of the registered owners of rights in the subsidiary registers ; and the index of lands shall not be kept in a local office.

12 Closing registers.

12. (1) A requisition to close the register of an owner of freehold land or of a leasehold estate or a subsidiary interest shall be made by the registered owner, and shall be accompanied by consents of all persons appearing from the register to have any interest in the property.

(2) The requisition shall be in Form 91.

(3) The memorial of the closing of the register shall be in Form 92. It shall be sealed with the Registry seal, and shall be transmitted to the Registry of Deeds for registration at the beginning of the day on which the register is closed and prior to the registration on that day of a memorial in the Registry of Deeds lodged by any member of the public.

13 The Central Office to be the office for registration.

13. (1) The Central Office shall be the office for the registration of all property in the State.

(2) Duplicates of the register of the owners of freehold land and the register of leaseholders in a county shall be kept and maintained in the local office of the county.

14 Local offices and the duties there.

14. (1) There shall be kept in each local office such books, forms, and files, for the transaction of the business of the office as the Registrar may from time to time direct.

(2) Each local registrar shall be responsible for—

(a) the registration in the registers of his office of the entries therefor transmitted from the Central Office,

(b) the maintenance of the registers and indexes of his office,

(c) the safe custody of the registers and other records of his office, the inspection and delivery of copies thereof where such inspection or delivery is authorised by these rules, and the assessment and collection of the prescribed Registry fee stamp for an inspection made or copy delivered and for the fees so collected,

(d) the receipt in accordance with these rules of documents that may be received in his office for the purposes of a registration, the assessment and receipt of the Registry fee stamp for the transaction for which the document is presented, and the transmission to the Central Office within the prescribed time of the documents and fee stamp so received.

PART II FIRST REGISTRATION, CANCELLATION OF NOTICES OF EQUITIES AND OF POSSESSORY OR QUALIFIED TITLES, AND OTHER REGISTRATIONS INVOLVING EXAMINATIONS OF THE TITLE OF PERSONS TO UNREGISTERED INTERESTS IN REGISTERED PROPERTY

Applications for first registration

15 Form of application for first registration.

15. Every application for first registration of ownership under the Act, except an application by the Land Commission, the Commissioners of Public Works, a Department of State or local authority under rule 20, 21, 22, or 24 shall be by written application in Form 1 or 2, as the case may require.

16 Documents to accompany application for registration of ownership of freehold property.

16. (1) An application for registration of the ownership of freehold property to which rule 20, 21, 22, or 24 does not apply shall, unless the Registrar otherwise directs, be accompanied by—

(a) a concise statement of the title giving in chronological order a summary of the documents and the eventsand facts on which the applicant's claim to the property is based,

(b) all original deeds and all documents in the applicant's possession, or under his control relating to the property, including opinions of counsel, abstracts of title, contracts for and conditions of sale, searches, requisitions, and replies, and other like documents, and the evidence by affidavit, statutory declaration, or otherwise, proving the facts stated and necessary to be proved to establish the title,

(c) a plan of the property drawn on a section of a revised ordnance sheet, unless there is a plan thereof on some muniment of title sufficient to identify it on the Registry map,

(d) a schedule in duplicate of all documents lodged with the application.

(2) Where the applicant, as authorised by these rules, relies on the opinion of counsel in support of his title, the statement of title required by this rule need not be lodged.

17 Documents to accompany application for registration in registers of leaseholders and of subsidiary interests.

17. An application for registration of a leaseholder in the register of leaseholders or of the owner of a right, other than an incorporeal hereditament of freehold tenure, in the register of subsidiary interests to which application rule 20, 21, or 22 does not apply shall, unless the Registrar otherwise directs, be accompanied by the following documents—

(a) where the application is by or on behalf of the original lessee or his personal representative or the original grantee of a right who does not require a note of the validity of the lease or grant to be entered in the register, the lease or grant and a plan of the land subject thereto sufficient to identify it on the Registry map,

(b) where the applicant is not the original lessee or the original grantee of a right, the documents specified in rule 16 (1), except that, where the land subject to the lease or right is registered land on which the lease or right is registered as a burden, a plan need not be lodged.

18 Length of title.

18. Where the market value of the property the subject of the application is shown to the satisfaction of the Registrar not to exceed £900, the title to be shown by the applicant may commence with a disposition thereof made not less than 20 years prior to the date of the application that would be a good root of title on a sale under a contract limiting only the length of title to be shown. In other cases, the title of the applicant may commence with a like disposition made not less than 30 years prior to the date of the application.

19 Examination of title.

19. (1) Where the title of an applicant has been examined for a period not less than that prescribed by the foregoing rule—

(a) by the conveyancing counsel of a court on a sale or purchase of the property under an order of the court, or

(b) by a practising barrister of not less than 6 years' standing on a sale or mortgage of the property,

the Registrar may dispense with or modify the official examination of the title as the circumstances of the case may require, and may act on the opinion of the counsel.

(2) Subject to the foregoing, every title to property the subject of an application under rule 15, shall be examined by or under the supervision of the Registrar, who shall direct such searches, advertisements, notices and inquiries, as he may deem necessary. On the examination he may accept a title that is in his opinion a good holding title, subject to the payment of such additional fee (if any) as he may fix, or he may extend the examination in such manner as the circumstances of the case may require ; but no evidence of title shall be called for that could not be required on a sale of the property under an open contract.

20 Application by State or local authority where value of property does not exceed £300.

20. (1) Where property is acquired by a Department of State or a local authority, and the purchase money or compensation paid therefor does not exceed £300, the Registrar may dispense with an official examination of the title and may register the Minister of the Department, or public officer or body having the management of the property, or the local authority, on a certificate of title by the solicitor for the Department or authority.

(2) The application for first registration shall be in Form 3. It shall be signed by the solicitor for the Department or local authority and shall be accompanied by a plan of the property drawn on a revised ordnance sheet.

21 Application by Land Commission or Commissioners of Public Works for a registration with possessory title.

21. (1) An application by the Land Commission or the Commissioners of Public Works for the first registration of a person as owner with a " possessory " title to land purchased under the Purchase of Land (Ireland) Acts before the 1st January, 1892, shall be in Form 4, and shall be accompanied by a plan of the land drawn on a revised ordnance sheet.

(2) A certificate by the solicitor for the applicant shall be endorsed on the application, which shall certify that the person whose registration is applied for is in possession of the land the subject of the application.

22 Applications by local authority under statutory powers for first registration of a purchaser.

22. An application by a local authority for the first registration of a purchaser under the Labourers Act, 1936 , shall be made by lodging in the Registry the documents prescribed by section 19 (2) of that Act.

23 Notice by Land Commission under section 23 (1) (a) of the Act.

23. The notice by the Land Commission to a purchaser under the Purchase of Land (Ireland) Acts prior to the 1st January, 1892, requiring him to register his ownership shall be in writing, and shall be sent by post to the payer of the annuity payable for the holding. The notice shall require the owner to apply for registration within 30 days from the date thereof.

24 Notice by Land Commission under section 23 (1) (b) of the Act.

24. The notice to be transmitted by the Land Commission to the Registrar of a sale to a purchaser under the Purchase of Land (Ireland) Acts in order that he may be registered as owner shall be in the form of the vesting order, conveyance, or other instrument under or by virtue of which the land is vested in the purchaser, and may be an official copy of such instrument. The notice shall be accompanied by a plan of the land drawn on a revised ordnance sheet.

25 Transfer to registers of recorded property.

25. (1) The title to property recorded under the Record of Title (Ir.) Act, 1865, shall be transferred to the registers established by the Act at such times as the Registrar may direct.

(2) The Registrar may postpone the entry of any recorded property in a register under the Act until an application is about to be made for registration under a disposition thereof.

(3) On the entry of the ownership of recorded property in a register under the Act, the record thereof under the Act of 1865 shall be closed, and a reference made thereon to the folio of the register to which the property has been transferred.

26 Registration of recorded property.

26. On the transfer of recorded property to a register under the Act—

(a) all charges, incumbrances, leases, and other rights, on the record that are burdens within the meaning of section 45 of the Act shall be entered as burdens in the register in their priority as recorded ;

(b) notice of the existence of any of the burdens specified in section 47 of the Act that are on the record shall be entered in the register ;

(c) the person appearing on the record as entitled to the property shall be entered in the register as full or limited owner according to his estate therein as shown by the record.

27 Entry of easement or profit à prendre as part ofdescription of property registered.

27. An easement or profit à prendre expressly granted with property as appurtenant thereto by a Land Judge's conveyance or a Land Commission vesting order may, on first registration of the ownership of the property, be entered in the register as part of the description of the property, and may be described in the register by reference to the conveyance or order.

28 The notice of equities.

28. (1) Where, on first registration of land purchased under the Purchase of Land (Ireland) Acts, the Registrar dispenses with the ascertainment of the burdens arising from the interest vested in the purchaser under those Acts being a graft on his previous interest, he shall enter notice (in these rules called notice of equities) in the register that the ownership registered is subject to the equities arising from the estate vested in that purchaser by the specified conveyance, fiat, or vesting order being deemed a graft upon his previous interest therein.

(2) Where the land is a holding that has been acquired in exchange for a holding subject to a notice of equities, and the equities protected by the notice that affected the holding given in exchange are transferred under any provision of the Purchase of Land (Ireland) Acts to the acquired holding, the notice of equities entered in the register of the acquired holding shall be modified in such manner as the Registrar may deem expedient for the protection of the equities transferred.

29 Notice of statutory restrictions.

29. Where, on an application for the first registration of the ownership of property, it appears that the property is subject to restrictive or prohibitive provisions against alienation, assignment, sub-division, or letting under any Act, notice shall be entered in the register of the fact that the property is subject to the restrictive or prohibitive provisions of the specified Act.

30 Entries relative to mines and minerals.

30. (1) Where, on an application for first registration of the ownership of property, it appears from any document, or otherwise, that all or any of the mines and minerals are severed from the property, a note shall be entered in the register to the effect that the registration does not extend to the mines and minerals, or to such of them as are so severed.

(2) Where, on an application for the first registration of the ownership of property, or at any time after such registration, it is proved to the satisfaction of the Registrar that the right to all or any of the mines or minerals is vested in the applicant, or in the registered owner, he may extend the registration to such mines and minerals by adding to the description of the property in the register a note to the effect that the mines and minerals, or specified mines and minerals, are included in the registration ; and they shall thenceforth form part of the property described in the register of which the ownership is registered.

31 Memorial for Registry of Deeds.

31. Except as in the Land Acts otherwise provided, the memorial for the Registry of Deeds of the registration of property under the Act shall be in Form 5 with such modification thereof as the Registrar in special circumstances may allow. It shall be sealed with the Registry seal, and shall be transmitted to the Registry of Deeds for registration at the beginning of the day on which the property is entered in a register of the Registry and prior to the registration on that day of a memorial in the Registry of Deeds lodged by any member of the public.

Cautions against first registration

32 Form of caution and of affidavit in support of it.

32. (1) A caution requiring notice of an application for the first registration of the ownership of property shall be in Form 6, except a caution. under section 43 of the Agricultural Credit Act, 1947 .

(2) A caution under section 43 of the Agricultural Credit Act, 1947 , requiring notice of an application for first registration shall be in Form 7.

(3) The affidavit of interest in support of the caution shall be in Form 8 and shall be made by the cautioner or his solicitor.

(4) A cautioner may at any time by writing signed by himself, of his solicitor, withdraw his caution or consent to a registration.

33 Form of notice on cautioner.

33. The time to be stated in the notice to be served on a cautioner under section 61 of the Act within which he may appear and oppose an application for first registration shall be 10 days. The notice shall be in Form 9.

Applications for cancellation of a notice of equities or of possessory or qualified title entered in a register

34 Application where ownership registered 12 years under transfer for value.

34. Where the ownership of property has been registered for over 12 years, and the applicant for the cancellation of a notice of equities claims as, through, or under a registered owner registered not less than 12 years prior to the application on a transfer for valuable consideration made after the first registration and occupation has been in accordance with the registered title, the Registrar may cancel the notice on an affidavit by the applicant in Form 10 (with such modifications therein as the case may require).

35 Application where land acquired by State or local authority and purchase money does not exceed £300.

35. (1) Where registered land subject to a notice of equities has been acquired by a Department of State or local authority and the purchase money or compensation paid on the acquisition does not exceed £300, the Registrar may cancel the notice of equities in the register of the land so acquired on an application by the solicitor for the Department or authority certifying his investigation of the title prior to first registration and that on such investigation no adverse rights or incumbrances were disclosed.

(2) The application shall be in Form 13 (with such modifications therein as the case may require).

36 Other applications for cancellation of a notice of equities.

36. (1) Every other application for the cancellation of a notice of equities in a register shall show the title to the tenancy in the property that existed prior to its purchase under the Land Purchase Acts.

(2) Where the tenancy was created more than 20 years prior to the first registration of ownership and evidence of this fact is shown to the satisfaction of the Registrar the title thereto may commence with a disposition thereof made not less than 20 years prior to the date of the application. Where the tenancy was created less than 20 years prior to the first registration, the title shall commence with the creation of the tenancy.

(3) The application shall be made by affidavit in Form 11 or 12 (with such modifications therein as the case may require) according as the applicant does or does not rely on opinion of counsel.

37 Examination of title to interests protected by a notice of equities.

37. (1) The title shall be examined by, or under the supervision of, the Registrar, who may extend the examination in such a manner as the circumstances of the particular case may require ; but no evidence of title shall be called for that could not be required on a sale of the property under an open contract.

(2) The Registrar may dispense with, or modify, as he may think fit, the official examination of the title where it has been examined for the prescribed period by a practising barrister of not less than 6 years' standing on the occasion of a disposition for valuable consideration, and his opinion of its validity, with the evidence on which it was based, is lodged with the application.

38 Modification of examination of title in certain cases.

38. (1) Where, on an application for the cancellation of a notice of equities, it appears that the market value, as hereinafter defined, of the property, the subject of the application, does not exceed £2,000, the Registrar, having regard to the length of time (analogous to the provisions of the Statute of Limitations) during which the title has been registered, may, in his discretion, and in such manner as he may think fit, dispense with or modify the official examination of the title to the property.

(2) The market value of the property for the purpose of this rule shall be fifty times the rateable valuation of the property.

39 Notices of application to be given.

39. Before the cancellation of a notice of equities consequential on an examination of title the Registrar—

(a) shall give notice of the application to the registered owner, if he is not the applicant or a consenting party to the application,

(b) shall give notice of the priority of any burden ascertained to have priority to a registered burden to the owner or reputed owner of the registered burden, and of the registration of the ascertained burden proposed,

(c) may, in his discretion and at the applicant's expense, give notice of the application, or of proposed entries or cancellation of entries consequential on the examination of title, as he may think proper.

40 Cancellation of notice of possessory title.

40. The foregoing rules relating to applications to cancel a notice of equities shall apply to the examination of the title of owners registered with a possessory title to property and to the cancellation of the notice in the register of such title ; and the Forms shall be applicable with such modifications thereof as the circumstances of the case may require.

41 Cancellation of notice of qualified title.

41. An application to cancel a notice in a register of a qualified title shall be made in writing, and shall be accompanied by evidence of the title of the registered owner to the estate or interest excepted in the register from the effect of registration, or by such other evidence as the applicant relies on in proof that the estate or interest so excepted has been extinguished or has otherwise ceased to affect the property.

42 How burdens ascertained entered on cancellation of notice.

42. On cancellation in a register of a notice thereon of equities or of a possessory or qualified title, consequential on an examination of title under these rules—

(a) a burden ascertained to affect the property shall be entered in the register in the same manner as a burden on it created after first registration ; but no ownership of the burden shall be registered until the title of the person claiming it has been shown to the satisfaction of the Registrar :

(b) where the burden is ascertained to have priority to a registered burden, a note of its priority to the registered burden as ascertained shall be made in the register.

43 How register made conformable with titles ascertained.

43. Where it appears to the Registrar on an application to cancel a notice of equities or of a possessory or qualified title that a registered burden does not affect the ownership of the property as ascertained, or affects only a limited ownership or estate in remainder therein, he shall give notice to its owner or reputed owner of the facts ascertained and of the entries and cancellation or amendment of entries in the register that he proposes to make ; and in default of objection, and subject to the determination in accordance with these rules of any objection made, such cancellation or amendment of the entry or new entry shall be made as may be necessary to make the registered title conformable with the title as ascertained.

44 Issue of land certificate in substitution for deed deposited as a lien.

44. Where, on an application to cancel a notice of equities or of a possessory or qualified title, it appears that a lien created by deposit of the title deeds to the property prior to its first registration is an equity affecting it, and no burden created after the deposit is registered, the land certificate or certificate of title of the property may, with the consent of the registered owner and the depositee, be issued to the depositee in substitution for the title deeds as the evidence of his lien by way of equitable mortgage on the property.

Other examinations of title

45 Other examinations of title outside register.

45. An application to examine the title of—

(a) the lessor of a registered leasehold estate, or the grantor of a registered incorporeal hereditament of freehold tenure, for the purpose of having a note entered in the register of the validity of the title of the lessor or grantor,

(b) the grantor of a fee-farm grant or grant in perpetuity made under the provisions of any enactment in conversion of a registered leasehold estate for the purpose of having the land transferred from the register of leaseholders to the register of freeholders,

(c) any person to a mortgage registered as a burden the ownership of which is not registered for the purpose of having it withdrawn from the register, or of having its owner registered,

shall be in Form 1 or 2 with such modifications as may be requisite and the provisions of rules 16 to 19 inclusive shall apply thereto, except that a plan need not be lodged with the application.

General provisions relative to first registration and applications requiring an examination of title of unregistered interests

46 Form of affidavit of discovery.

46. An affidavit of discovery made pursuant to section 66 of the Act shall be in Form 14. Unless the Registrar permits otherwise, the affidavit shall be made by the applicant. Where made by any person other than the applicant, the deponent shall state his means of knowledge.

47 Registration of tenants in common.

47. Where it appears to the Registrar from an examination of title that two or more persons are entitled as tenants in common, he shall ascertain and enter in the register the share of each person in the property.

48 Registration of trustee owner.

48. Where it appears from an examination of title that the applicant for registration as owner, or the registered owner, as the case may be, is a trustee, there shall be entered in the register on the completion of the registration applied for, such inhibition as the Registrar may deem expedient to restrict registrations under dispositions by the owner that are unauthorised by the trust.

49 Notice to be given of proposed registration.

49. Unless the Registrar in special circumstances otherwise directs, no registration consequential on an examination of title shall be completed until the applicant, and such other persons as the Registrar may direct, have been notified of the registration proposed.

50 Date of registration.

50. Every registration, or entry, in a register consequential on an examination of title of unregistered interests shall be made as of the day on which the draft folio for the register, or the draft entry for a folio is finally settled in the Registry.

PART III DEALINGS WITH REGISTERED PROPERTY

General

51 Form of instruments.

51. The forms of transfer, charge, and other dispositions prescribed by these rules may be used on all transactions to which they refer or are capable of being applied or adapted with such alterations and additions as the transaction may require. No registration shall be made under an instrument that is not in a prescribed form unless it is in a form that would be effectual to convey or create the legal estate or interest sought to be transferred or created if the property to which it relates was unregistered.

52 Evidence of execution of instruments.

52. The execution of every application, except an application by a solicitor, and of every instrument shall be attested by a witness. The execution of an application or an instrument by a blind or illiterate person shall be verified by affidavit of an attesting witness. The execution of an application or an instrument by other persons shall be verified by affidavit of an attesting witness wherever the Registrar so requires.

53 Evidence of execution of instruments by attorney.

53. (1) Where an application or instrument is executed by attorney, the power of attorney, or an office copy thereof, shall be produced to the Registrar ; and, in cases not within sections 8 and 9 of the Conveyancing Act, 1882, evidence shall also be given that the principal was alive at the time of the execution of the instrument, and that the power was then unrevoked.

(2) The original power of attorney, or an office copy of the original filed in the central office of the High Court, shall be filed in the Registry.

54 Identification of part of registered property transferred.

54. An instrument dealing with part of the property in a folio of the register shall be accompanied by a plan drawn on a section of an ordnance sheet and referred to in the instrument or on a section of an ordnance sheet signed by the grantor and by the grantee or his solicitor showing the part dealt with unless such part is clearly defined on the Registry map and may be identified thereon from the description in the instrument.

55 Application by solicitor for registration of dealing.

55. (1) Every application or instrument for registration sent to or delivered at the Registry by a solicitor shall be accompanied by a statement signed by him setting out—

(a) the names of all the parties to the transaction for whom he acts as solicitor,

(b) the documents sent,

(c) the ownership or other entries for the registration of which he applies,

(d) the name of the person who had the custody of a land certificate, certificate of charge, or other certificate of title lodged for the purposes of the registration and the name of his solicitor, if it is to be re-issued to his solicitor.

(2) The statement may be in Form 15.

56 Presentation of dealing for registration.

56. (1) Applications and instruments may be sent to or delivered at the central office, or the local office of the county in which the property is situate. An application or instrument sent to or delivered at a local office shall be transmitted by the local Registrar to the central office by post on the day of its receipt.

(2) Except as herein provided, an application or instrument with the proper Revenue stamp impressed thereon, and accompanied by the Registry fee stamp for the registration applied for, may be received for registration.

(3) If the production of a land certificate, certificate of charge or other certificate of title (other than a certificate in the custody of the Land Commission) is required under these rules for the purpose of a registration the instrument or application shall not be received unless the certificate is or has been produced for the purpose of the registration sought or an application under rule 163 is lodged therewith for an order for the production of the certificate. Where the application for an order for the production of the certificate is refused, the receipt of the instrument or application for registration shall be cancelled and the proceedings thereunder treated as abandoned.

57 Dealing to be accompanied by registration fee.

57. Every application or instrument sent to or lodged in the Registry shall be accompanied by the prescribed registration fee.

58 Priority of dealings received for registration.

58. (1) Applications and instruments shall rank for priority of registration in the order in which they are received in the central office.

(2) Applications and instruments affecting the same property received from a local office on any day by the same post shall rank for the purposes of priority in the order in which they have been received by the local registrar at the local office ; subject thereto all applications and instruments received through the post on any day prior to the opening of the central office to the public on that day shall be deemed to be delivered at the same time and immediately before the opening of the office to the public on that day ; and all applications and instruments received through the post after the opening of the office to the public shall be deemed to be delivered at the same time and immediately before the closing of the office to the public on that day.

(3) Two or more applications or instruments relating to the same property delivered at the same time by the same person shall rank for the purposes of priority in the order directed by the person delivering them, and, in the absence of direction, in such order as may be inferred from the applications and instruments.

59 Notice in register of pending registration.

59. Notice of every application or instrument received for registration shall, pending registration, be entered in or attached to the folio of the register to which it relates in such manner as the Registrar may direct.

60 Forgery notice.

60. Notice of the receipt of an application or instrument for registration shall be sent from the Registry to the registered owner by whom it purports to be executed, and, if within the time prescribed in the notice the owner to whom it is sent does not notify the Registrar that the application or instrument was not executed by him, registration may be completed.

61 Date of registration.

61. Except as in rules 50 and 63 (3) otherwise provided, registration shall be completed as of the day on which the instrument or application is received for registration, or re-delivered as the case may be.

62 Registrar may refuse registration or may require amendment of instrument or application in certain cases.

62. (1) Where it appears to the Registrar that an application or instrument is not expressed so as to indicate with sufficient precision the property or part of the property in the register to which it relates, or the ownership, burden, or notice to be entered in the register, or that the instrument or other document, or the execution thereof, is defective, or that an assent, declaration, or affidavit presented with it does not disclose the facts required by these rules to be stated in regard to the registration applied for, he may refuse to make any registration thereunder either absolutely or except with such modifications as he shall approve. Where he is of opinion that the registration may be effected on the defect or omission being corrected, he may notify the applicant, and may require him to rectify it by amendment and re-execution of the instrument, or by lodgment of a supplemental application, assent, affidavit, or instrument, as the case may be, within a time not less than 21 days, to be stated in the notice.

(2) Where an applicant does not comply with a notice sent under this rule within the time stated therein, the Registrar may treat the application for registration as abandoned, and thereupon its receipt for the purposes of the registration applied for shall be cancelled, and the documents lodged by the applicant shall be redelivered to him.

63 Amendment of instrument and priority of amended instrument.

63. (1) Where any alteration is required in an instrument after it has been received for registration, it may, if the Registrar permits, be withdrawn from the Registry for the purpose of alteration and re-execution before any entry under it has been made in a register.

(2) The re-execution shall be by all persons whose interests appear to be affected, whether it was originally executed by them or not.

(3) On re-delivery at the Registry, the instrument shall be entered for the purposes of the registration applied for as of the date and priority of the re-delivery.

64 Adjudication of sufficiency of stamp on instrument.

64. (1) Where a question arises whether an instrument bears the proper Revenue stamp, and the solicitor for the applicant gives a written undertaking that he will, within a time fixed by the Registrar, furnish evidence that the deed is sufficiently stamped, entry of the instrument for registration may be made or continued.

(2) Where the written undertaking has not been complied with within the time fixed, the entry of the instrument for the purposes of the registration applied for shall be cancelled.

65 Registration under instrument by person entitled to be registered.

65. Except in the case prescribed by section 37 (2) or by section 84 (3) of the Act, no registration shall be made under an instrument executed by a person who claims to be entitled as owner until he is registered as owner, or his right to be so registered has been shown to the satisfaction of the Registrar, and the registration fee chargeable on his registration has been paid.

66 Registration of a tenant in common.

66. An application for registration as owner by a person claiming as tenant in common of an undivided share in property shall state the share to which he is entitled, where the share does not appear from the instrument lodged. The entry in the register shall be that the applicant is full owner or limited owner, as the case may be, of a specified undivided share of the property.

67 Registration of a trustee owner.

67. (1) Where it appears from an application or instrument that the applicant for registration is a trustee, no entry of his ownership shall be made until such inhibition is applied for or consented to by the applicant as shall, in the opinion of the Registrar, be expedient for the restriction of any disposition of the property that would defeat or prejudice the trust.

Transfers

68 Forms of transfer.

68. A transfer may be made by an instrument in one of the forms of transfer in the First Schedule.

69 Transfer of part ofholding subject to restrictions Under Land Purchase Acts.

69. A transfer of part of a holding subject to a statutory restriction against sub-division in a Purchase of Land (Ireland) Act shall, when presented for registration, be accompanied by—

(a) the consent of the Land Commission to the sub-division created by the transfer,

(b) where the consent of the Land Commission to the sub-division is conditional, evidence that the conditions in such consent have been complied with including—

(i) a certificate of the Land Commission of compliance with the conditions in the consent as to payment or payment and redemption, as the case may be, of the land purchase annuity, insurance of buildings (if required), and with any other condition in the consent of the compliance with which the Land Commission must be satisfied,

(ii) the consent of the transferor to the consolidation of the part of the holding retained with any other lands of which he is registered owner, if such consolidation is required by the Land Commission,

(c) the map (if any) referred to in such consent.

70 Duty of transferee who is a trustee.

70. Where a transfer is made to a transferee who is a trustee of the property transferred, it shall be the duty of the transferee on registration to apply for the entry in the register of an inhibition appropriate for restricting dispositions of the property unauthorised by the trust on which he holds.

71 Registration under a transfer by owner in execution of order of court.

71. (1) A transfer by a registered owner, or his personal representative, in execution of a decree, judgment, or order of a court shall be accompanied by—

(a) an office copy of the order of the court directing the sale of the property of such registered owner,

(b) a certificate of the Examiner of the High Court, or (if the sale has been directed by the Circuit Court) a certificate of the County Registrar, certifying the result of his enquiries as to the incumbrances on such property ;

(c) where such sale is in pursuance of an order of the Circuit Court, a further certificate of the County Registrar specifying the parties to the proceedings for sale, and the persons served with notice of, and bound by, such proceedings.

(2) On production in the Registry of the documents mentioned in paragraph (1) of this rule, and, in the case of a sale made in execution of a decree of the Circuit Court, if the certificate of the County Registrar shows that the owners of all charges, judgment mortgages and burdens appearing in the register as affecting the property comprised in the transfer are parties to the proceedings or have been served with notice of such decree, the Registrar may cancel such charges, judgment mortgages, and burdens in the register of the property comprised in the transfer.

(3) In default of production in the Registry of the documents mentioned in paragraph (1) of this rule, the transferee shall be registered as owner subject to all the burdens and notices of burdens appearing in the register, except those for which releases or consents to their cancellation by their owners are produced.

72 Effect of covenant to pay rent or indemnify may be noted in register.

72. On a transfer of property subject to an existing rent, or to a burden appearing on the register, a covenant in the transfer by either party to indemnify or exonerate the other party from the rent or burden or part of it, or the effect of it, may be noted in the register.

73 Registration of purchaser from personal representative of owner discharged from judgment mortgage of beneficiary.

73. (1) On an application for registration of a purchaser as owner under a transfer on sale from the personal representative of a full owner of property the purchaser may apply that every entry of notice of a deposit of an affidavit of judgment as a mortgage on the estate or interest of a person who has a beneficial interest in the property under the will or intestacy of the deceased owner shall be cancelled.

(2) Notice of the intended cancellation shall be sent to the person appearing from the register to be entitled to the judgment debt.

(3) The provisions of rule 118 shall apply, mutatis mutandis, to such application and notice.

74 Registration under a settlement.

74. On a transfer by way of settlement no person shall be registered as limited owner thereunder without notice of the application for his registration to the trustees (if any) of the settlement (whether trustees for the purposes of the Settled Land Acts or not) unless the trustees concur in the application.

75 Registration under grant reserving rent.

75. A transfer of freehold property by a grant thereof in perpetuity reserving a rent shall be given effect to by registering the grantee as owner of the property and the rent as a burden thereon.

76 Registration of companies.

76. (1) A company incorporated in the State under the Companies Acts, 1908 to 1959, that applies for registration under a transfer shall produce a certificate by the registrar of companies of its incorporation.

(2) A company incorporated outside the State that applies for registration shall produce evidence of its incorporation.

(3) On a transfer by a company the Registrar shall not inquire whether the transfer is incidental to the objects of the company as set out in its memorandum of association.

77 Defeasance of ownership by statute.

77. Pursuant to section 39 of the Act, it is hereby prescribed that the provisions of that section shall apply to the transfer of the ownership of property by statute.

78 Registration under transfer over-reaching estate of registered owner.

78. (1) Where the ownership of registered property passes to another person under a disposition in defeasance of the estate of the registered owner authorised by section 39 of the Act, subject to any objection received in reply to a notice sent as prescribed by rule 79, registration of the transferee shall be made on the production of the following evidence—

(a) where the disposition is made by a person in the exercise of a statutory power, or a power registered as a burden, the appointment, deed, poll or other instrument by which the power is exercised, and, subject to rule 84, such evidence as a purchaser could require if the property was unregistered, showing that the power is exercisable, and has been exercised, by the person in whom it is vested ;

(b) where the disposition is made by a person other than the registered owner in execution of a judgment, order, decree, or process of court, the disposition executed by the person appointed by the court to execute it, accompanied by an office copy of the order of the court appointing him ;

(c) where the property is transferred by statute, an application in writing for registration in which the statute relied on is referred to, and, subject to rules 83 and 85, the evidence relied on in proof that the conditions have arisen or that the events have happened that transfer the property by virtue of the statute.

(2) Proof of any facts required by this rule may be given by affidavit or statutory declaration.

79 Notice of application for registration under transfer over-reaching estate of registered owner.

79. (1) The notice of an application for registration in defeasance of the estate of a registered owner referred to in section 39 of the Act shall not be given where his estate is over-reached by statute, a Land Judge's conveyance, a vesting order of a court, or of the Land Commission, a transfer by the Land Commission in exercise of its statutory powers, or a transfer executed by a person appointed by a court for that purpose in execution of its judgment, order or decree.

(2) In default of the concurrence of the personal representative of a deceased full owner, or in the case of a charge or burden, of a deceased owner, to an application for registration under the said section 39, in cases other than those specified in paragraph (1) of this rule, notice of the application shall be given—

(a) to his personal representative,

(b) where there are no personal representatives in existence, to the person claiming to be entitled as his heir, widow, or next-of-kin, as the case may be, if he died intestate, or as his devisee if he died testate.

(3) Where the registered owner is a limited owner, registration on an application under the said section 39 may be made with the concurrence of the limited owner and the trustees of the settlement, whether trustees for the purposes of the Settled Land Acts or not. If they do not concur, or if there are no trustees, notice shall be given in cases other than those specified in paragraph (1) of this rule—

(a) to the limited owner, if living, and

(b) to the trustees, if any, or if there are none, to such persons appearing from the settlement or any inhibition protecting claims thereunder to be entitled to estates or interests the subject of it, as the Registrar may direct.

(4) The applicant for registration shall furnish to the Registrar the particulars necessary for the service of the notices prescribed by this rule.

80 Cancellation of burdens on transfer over-reaching the estate of registered owner

80. (1) On the registration of an owner under section 39 of the Act, the following registered burdens and notices shall be cancelled in the register—

(a) where the transfer is made by statute, or in exercise of a statutory power, the burdens and notices that the property would be discharged from by the statute or the exercise of the statutory power, if the property was unregistered ;

(b) where the transfer is made in exercise of a power registered as a burden, the burdens and notices that rank in priority after the power ;

(c) where the transfer is made by a vesting order of a court, or by a transfer of a person appointed by a court to transfer, the burdens and notices that the court directs to be discharged on the registration of the transferee.

(2) The applicant for registration shall, when required, state in writing the burdens and notices in the register for the cancellation of which he applies.

81 Notice of cancellation of burdens on transfer over-reaching the estate of registered owner.

81. On the cancellation of a burden under rule 80 (1) (a) or (b), the Registrar shall give notice of its discharge to its registered owner (if any).

82 Registration of assignees of bankrupt or insolvent owner and re-registration of owner.

82. (1) The assignees in bankruptcy of a registered owner who has been adjudicated a bankrupt, or is an insolvent to whom the provisions of section 268 of the Irish Bankrupt and Insolvent Act, 1857, apply may be registered as owners in his place, or, where he is a registered limited owner, as assignees of his estate, on production in the Registry of the certificate prescribed by section 269 of the said Act of 1857, endorsed as prescribed by this rule.

(2) A trustee of a bankrupt registered owner appointed under section 88 of the Bankruptcy (Ireland) Amendment Act, 1872, may be registered as owner in place of the bankrupt, or, where he is a registered limited owner, as assignee of his estate, on production in the Registry of the certificate prescribed by section 90 of the said Act of 1872, or an office copy thereof, endorsed as prescribed by this rule.

(3) The assignees for the benefit of the creditors of an arranging debtor who is a registered owner and has had a resolution or agreement approved or confirmed by the court under section 347 of the said Act of 1857 may be registered as owners in his place, or, where he is a registered limited owner, as assignees of his estate, on production in the Registry of an office copy of the said resolution or agreement as approved or confirmed by the court in any case in which the vesting of the property of the debtor shall be required by virtue of such resolution or agreement.

(4) A person appointed assignee or trustee in place of a registered assignee or trustee of a bankrupt or arranging debtor who has ceased from any cause to be assignee or trustee may be registered, in place of such registered assignee or trustee, on production of the certificate of his appointment as creditors' assignee, or trustee, or an office copy thereof, or in the case of the Official Assignee in Bankruptcy on production of the notification of his appointment in Iris Oifigiúil or a certificate by the Secretary of the Department of Justice of such appointment.

(5) A bankrupt whose assignees or trustee in bankruptcy are registered as owners of his registered property may be re-registered as owner, or, where he is a limited owner, the entry of the assignees or trustee as assignees of his limited estate may be cancelled on production in the Registry of an office copy of the order annulling the adjudication in bankruptcy endorsed as prescribed by this rule.

(6) An arranging debtor whose assignees are registered as owners of his registered property may be re-registered as owner, or, where he is a limited owner, the entry of the assignees as assignees of his limited estate may be cancelled on production in the Registry of the vesting order prescribed by section 65 of the said Act of 1872, or an office copy thereof, endorsed as prescribed by this rule.

(7) Every order, certificate, or office copy resolution or agreement produced for the purposes of a registration referred to in this rule shall have endorsed thereon a certificate by the Official Assignee in Bankruptcy or the trustee identifying the bankrupt or arranging debtor named in the order or certificate with the registered owner named in a specified folio of the register whose property is sought to be transferred, or, where the application is for the re-registration of the person who was the bankrupt or arranging debtor, the consent of the Official Assignee in Bankruptcy or the trustee, or in the case of an arranging debtor, of his assignees, to the re-registration.

(8) Every office copy of an order annulling an adjudication in bankruptcy produced for the re-registration of a bankrupt shall be impressed with the Revenue stamp for the duty payable on a transfer by a trustee.

83 Registration of Land Commission on a defeasance by subdivision or letting.

83. Registration of the Land Commission as owner of a holding that has vested in it in defeasance of the estate of the registered owner on a sub-division or letting or attempted sub-division or letting in contravention of a Land Purchase Act shall be made on application by the solicitor for the Land Commission in Form 30. No evidence other than the certificate therein contained shall be required of the breach of any condition or the occurrence of any event specified in a Purchase of Land (Ireland) Act the breach or occurrence of which vests the holding in the Commission.

84 Registration of transferee of local authority under s. 6 of the Small Dwellings Acquisition Act, 1899.

84. On the registration of a transferee as owner under a transfer by a local authority in exercise of its powers under section 6 of the Small Dwellings Acquisition Act, 1899, no evidence shall be required of the breach of any of the statutory conditions specified in section 3 of that Act, or of the happening of any event giving rise to the power of the local authority to sell.

85 Registration of local authority under s. 5 of Small Dwellings Acquisitions Act, 1899 or s. 24 of the Labourers Act, 1936 .

85. Registration of a local authority as owner of property that has vested in it under section 5 of the Small Dwellings Acquisition Act, 1899, or under section 24 of the Labourers Act, 1936 , in defeasance of the estate of its registered owner, shall be made on an application by the solicitor to the local authority in Form 31. No evidence, other than the certificate therein contained, shall be required of the possession of the property by the local authority.

86 Registration of ownership of State property and of dispositions thereof.

86. (1) A public officer or body having the management of any property vested in the State or in a public officer or body in trust for the public service, or, if none, the person appointed pursuant to section 78 (1) of the Act to represent the owner, may be registered as full owner thereof, if the property is land, an incorporeal hereditament, or a leasehold estate, and as owner, if the property is any other right. An officer or body so registered shall be described in the register as " Custodian for the State."

(2) No registration of the ownership of an officer or body as Custodian for the State shall be made except on the application of the Chief State Solicitor, or the solicitor (if any) to the Department of the State that has the management of the property to be registered, who shall certify that the person or body for whose registration he applies is the person or body having the management thereof, or the person appointed to represent the owner, as the case may be ; and the Registrar shall act on his certificate.

(3) No disposition of property of which the registered owner is Custodian for the State shall be registered except with the consent of the Chief State Solicitor, or the solicitor (if any) to the Department of State having its management.

87 Registration of dispositions of recorded property.

87. (1) Every application for registration under a disposition or transmission of recorded property transferred to and entered in a register under the Act shall be made, and, subject to the provisions of this rule, registration thereunder shall be effected, in accordance with the provisions of the Act and the procedure thereunder prescribed by these Rules.

(2) Where the title of an applicant for registration is under an unrecorded disposition or transmission prior to the transfer of the recorded property to a register under the Act, a short statement of the applicant's title shall be lodged with his application, which shall be accompanied by the documents referred to therein and the evidence of the facts necessary to be proved to establish his title ; and the Registrar on examination of the title, and after making such inquiries and searches and giving such notices as he shall deem necessary or expedient, may make such registration in the register as shall give effect to the title proved.

88 Registration of new trustee of friendly society.

88. (1) The name of a new trustee of a friendly society or of a branch thereof, appointed pursuant to Section 25 (2) of the Friendly Societies Act, 1896, shall be entered in the register on production at the Registry of a copy of the resolution passed pursuant to the said section, signed by the trustee so appointed and by the secretary of such society or branch.

(2) The copy of the Resolution appointing such new trustee shall be filed in the Registry for reference.

Transmission on death of an owner of property

89 Assent by personal representative to a devise and application of devisee for registration.

89. (1) An assent by a personal representative to a devise of property shall be in Form 32 except where he is the sole personal representative and sole devisee of the property.

(2) An application by a devisee for registration under the assent shall be in Form 33, 34 or 35.

(3) An application by a sole devisee for registration as owner of property that is vested in him as the sole personal representative of the testator or by one or more devisees who are his personal representatives shall be in Form 36 or 37.

(4) The application shall be accompanied by the probate or letters of administration with will annexed or an office copy thereof.

90 Transfer by personal representative to devisee or successor.

90. (1) A transfer of property to a devisee or his successor in title by the personal representative in whom it is vested may be in Form 38 or 39.

(2) There shall be lodged an affidavit by the personal representative in Form 40 relative to the burdens and other rights created by the will of the testator, together with the probate or letters of administration with the will annexed or an office copy thereof.

91 Application for registration by a person other than the personal representative beneficially entitled on intestacy.

91. An application for registration as owner by a person by law beneficially entitled to property of an intestate full owner or by a successor in title of such person shall, where he is not the sole personal representative, be made—

(a) by presenting an application in Form 42 or 46 accompanied by an assent of the personal representative of such owner in Form 41 or 45, or

(b) by presenting a transfer of the property to him from the personal representative. The transfer may be in Forms 43 or 48. There shall be lodged with the transfer an affidavit by the personal representative in Form 40 or 47 as the case may be relative to the persons who became by law beneficially entitled to the property of the intestate, together with the letters of administration or an office copy thereof.

92 Application for registration by personal representative beneficially entitled to on intestacy.

92. An application by a person who claims to be by law benefically entitled to property of an intestate full owner that is vested in him as the personal representative of such owner for registration as owner shall be in Form 44 or 49.

93 Power of Registrar on a registration on transmission on death.

93. On an application for registration by a devisee or other person by law beneficially entitled to the property of a deceased full owner or by the successor of such a person who is not registered and on an application for registration of a burden created by a personal representative, the Registrar—

(a) shall be entitled to assume that the personal representative acted correctly and within his powers in makingthe transfer, assent or other disposition in the absence of any evidence to the contrary in the disposition or any document lodged therewith for the purposes of the registration applied for ;

(b) may give notice of the application to any person appearing to have a burden or other right in, to or over the property under the will or intestacy whose claim is not stated by the personal representative to have been satisfied or discharged and is not being registered as a burden or being protected by an inhibition, and, on the application by any person served with a notice for a stay of the registration, he shall have all the powers conferred by rule 131 (3) and (4) of these Rules and may either stay registration or register with such inhibition as he may direct ;

(c) may, if he thinks fit, enter in the Register such inhibition as he may deem appropriate for the protection of any right in, to or over the property for the protection of which the appilcant has not applied for the entry of an inhibition.

94 Application for registration on death of registered owner of a charge or other burden.

94. On the death of the registered owner of a charge or other burden, an application for registration as owner by a person claiming under his will or as by law beneficially entitled on his intestacy, shall be made on the evidence prescribed by these Rules on a like application for registration as owner of land, and the procedure and forms shall be followed and used with such modifications (if any) as the nature of the charge or other burden or the circumstances of the case may require.

95 Note of death of registered owner.

95. On the death testate or intestate of a registered owner of property who is not registered as a limited owner or as a joint tenant, his personal representatives may, on lodgment in the Registry of the original or office copy probate or letters of administration, as the case may be, together with a certificate of the solicitor acting in the matter or, if the Registrar so requires, an affidavit identifying the deceased named in the probate or letters of administration with the registered owner of the property, have a note entered on the Register setting out the fact of such death and the names of such personal representatives.

Other transmissions

96 Application for registration by successor of limited owner.

96. (1) An application for registration by a person claiming under a settlement on the death or cesser of the estate of a limited owner shall be in Form 50.

(2) The applicant shall not be registered except with the concurrence of the trustees (if any) of the settlement (whether trustees for the purposes of the Settled Lands Acts or not), or after notice to them.

97 Application for registration by survivors or survivor of joint tenants.

97. (1) Where one of two or more persons registered as joint owners dies, his name shall be withdrawn from the register on proof of his death.

(2) The death may be proved by the production of probate or letters of administration or a certificate of death, with evidence of the identity of the deceased named therein with the owner stated to be dead, or such other proof as the Registrar may deem sufficient.

Court orders

98 Registration pursuant to court order.

98. An application for registration pursuant to an order of the Court shall be made by lodging in the Registry an office copy of said Order.

Burdens generally

99 Additional burdens that may be registered.

99. Pursuant to section 45 (1) (m) of the Act it is hereby prescribed that the following matters may be registered as burdens on registered property—

(a) a power to appoint an estate or interest in the property exercisable within a period not exceeding a life or lives in being and 21 years thereafter,

(b) a power of distress or entry,

(c) a right in the nature of a lien for money's worth in or over the property for a limited period not exceeding life, such as a right of support or a right of residence, not being an exclusive right of residence in or on a specified part of the property,

(d) a burden created by statute or under a statutory power that is not one of the burdens to which, though not registered, all registered land is subject.

100 The assent to registration of burdens that is to be given by persons other then the owner.

100. (1) Pursuant to section 45 (2) of the Act it is hereby prescribed that the concurrence as follows shall be substituted for the concurrence of the registered owner in the following cases—

(a) Concurrence in the registration of a burden on transferred property created by or arising on the transfer shall be given by the transferee, or the person claiming under the transferee who applies for registration as owner under the transfer ;

(b) Concurrence in the registration of a burden created by the will of a deceased owner shall be given by the devisee of the property that it affects, or the person claiming under the devisee, who applies for registrationas owner, or, in the case of partial intestacy, by the person on whom the beneficial interest in the property devolves, or the person claiming under him, who applies for registration as owner;

(c) Concurrence in the registration of a charge by the personal representative of an owner of land for moneys that he is liable to pay shall be given by the person who applies for registration as owner under an assent or transfer from the personal representative ;

(d) Concurrence in the registration of the following burdens shall be given by the Registrar—

(i) a burden created under a statute or statutory power, or under a power registered as a burden, or under a trust for securing money registered as a burden,

(ii) a burden created by trustees in exercise of a power under a settlement under which a limited owner is registered,

(iii) any burden specified in paragraph (h) or (i) of section 45 (1) of the Act,

(iv) any right or charge capable of being registered as a burden created by a registered owner of property, or his personal representative, or an applicant for registration as owner of registered property, or a predecessor in title of such applicant, to the registration of which as a burden such registered owner, personal representative or applicant omits or refuses to assent, if, after service of notice on him in Form 51, no objection be received within the time limited by the notice.

(2) The concurrence of a registered owner in the registration of a burden or of a person, other than the Registrar, authorised by this rule to concur in its registration, may be given by his personal representative in all cases.

(3) A registered owner or person, other than the Registrar, required by this rule to concur in the registration of a burden, may give his concurrence personally or by his solicitor.

101 How assent to registration of burden is to be given.

101. (1) Concurrence in the registration of a burden shall be given by the person, other than the Registrar, authorised to concur assenting in writing to its registration ; and the assent shall be filed.

(2) The assent may be given in the instrument creating the burden. Where given subsequently, it shall be in Form 52.

(3) The entry of a burden in the register in the registration of which the Registrar is authorised to concur shall be the evidence of his concurrence in its registration.

102 How burden may be entered.

102. Entry of a burden in the register may be made by reference to the instrument creating the burden where the instrument, or a copy thereof authorised by these rules, is filed in the Registry, or by setting out an extract therefrom or the effect thereof.

103 Owner of burden not entitled to custody of certificate of title of owner of the property.

103. The owner of a registered burden shall not as such be entitled to the custody or delivery of the certificate of title of the property on which his burden is registered.

104 Note in register where statutory priority for burden claimed.

104. (1) An applicant who applies for registration of a burden that, he claims, has priority over other burdens by virtue of a statute shall state in writing the statute under which priority is claimed.

(2) On registration of the burden, the Registrar, if satisfied that the burden has the priority claimed, shall make an entry in the register to the effect that, as between the burden and prior burdens, it ranks in the priority conferred by the statute specified.

105 Instrument creating two or more burdens to show priority thereof.

105. Where an instrument lodged for registration creates two or more burdens on the property registered, the priority in which such burdens are to be entered in the register shall be shown in the instrument : otherwise, they shall be deemed to be in equal priority and entered in the register accordingly.

106 Note in register on registration of charge actually raised under a settlement.

106. On the registration of a charge actually raised within the meaning of section 20 (2) (ii) of the Settled Land Act, 1882, by an instrument executed in exercise of a power in a settlement under which a limited owner is registered, an entry shall be made in the register to the effect that, as between the charge and any other burden arising under the settlement, the charge ranks in the priority it has under the settlement.

107 Note in register on registration of voluntary burden where a certificate of title has been issued.

107. (1) On the registration of a burden created by a voluntary disposition by a registered owner, or of any burden specified in paragraph (h) or (i) of section 45 (1) of the Act on property in respect of which a certificate of title has been issued a note shall be entered in the register to the effect that the burden ranks in priority after any lien on the property existing and created by deposit of the certificate prior to the registration of the burden, unless it is shown to the satisfaction of the Registrar that no such lien exists.

(2) Where the Registrar entertains a doubt as to whether, from the terms of the instrument creating a burden, the disposition is voluntary or for valuable consideration, he may send notice to the person having custody of the certificate of title, requiring him tostate whether he claims that such lien ranks in priority to the burden created by such instrument, and the grounds of such claim.

(3) Where the person having custody of the certificate of title claims that such lien ranks in priority to the burden, the Registrar shall send notice of such claim to the person entitled to the burden.

(4) In default of a claim by the person having custody of the certificate of title that such lien ranks in priority to the burden, or of an admission of the priority of such lien by the person entitled to the burden, as the case may be, the Registrar may refuse to register the burden except in pursuance of a court order.

108 Evidence on which a burden may be cancelled or modified.

108. The Registrar may cancel or modify any burden in a register, except a covenant or condition relating to the use or enjoyment of property, on the application of any person interested in the burden or the property against which it is registered—

(a) where the ownership of the burden is registered, with the concurrence of its registered owner or his personal representative ; but no modification that would prejudice the rights of the owner of the property that the burden affects, or of the owner of any other registered burden, shall be made on such a consent without the concurrence of that owner :

(b) where the ownership of the burden is not registered, or, where its registered owner does not concur in the proposed cancellation or modification, on proof to the satisfaction of the Registrar of the right of the applicant to the cancellation or modification applied for, and after such inquiries, and notices, as he may direct.

109 Where burden may be cancelled as extinguished.

109. Where the registered owner of a burden becomes the registered full owner of the property on which it is a burden, the Registrar may, unless the contrary appears, treat the burden as extinguished and cancel its entry in the register, where, after giving notice to the registered owner of his intention to do so, no objection to the proposed cancellation is made.

Charges

110 Forms of charge.

110. (1) A charge for a principal sum, and a transfer and release thereof, may be made by instruments in one of the Forms of charge in the First Schedule to these Rules.

(2) A charge by way of annuity may be made by instrument in Form 58.

111 Registration of charge created by a company.

111. On the registration of a charge created by a company registered under the Companies Acts, 1908 to 1959, an entry shall be made in the register to the effect that the charge is subject to the provisions of section 93 of the Companies (Consolidation) Act, 1908, unless a certificate is produced that it has been duly registered under that section.

112 Sub-charges.

112. (1) The registered owner of a charge may charge it in the same manner as the registered owner of land may charge his land. Such a charge shall be described in the register as a sub-charge.

(2) A sub-charge may be created, registered, transferred, disposed of, and released in the same manner as a charge.

(3) On the registration of a sub-charge or of any dealing therewith the Registrar may, where he deems it expedient or conducive to clarity, transfer the title to the charge affected by the sub-charge to a subsidiary register. No fee shall be charged for the transfer of the title to a charge to a subsidiary register under this rule.

113 Meaning of " future advances in register and the registration of a charge for same.

113. (1) Where a charge is registered to secure future advances the expression " future advances " in the register shall have the same meaning as that expression has in section 77 of the Act.

(2) Where a charge for securing future advances to an unlimited amount is registered, an entry shall be made in the register, and in any certificate of charge issued in respect of the charge, of the amount that the ad valorem duty impressed on the instrument of charge extends to cover, and neither the register nor the certificate of charge shall be admissible as evidence that the charge secures any advances in excess of that amount, except as provided in section 88 of the Stamp Act, 1891.

114 Dealing with mortgage created prior to first registration, where registered.

114. (1) Where a mortgage created prior to the first registration of property is entered in the register as a burden, the Registrar may, on the application or with the concurrence of the person entitled thereto, register him as owner of the mortgage, on due proof of his title and after notice to the owner of the mortgaged property.

(2) The same forms may be used and the same procedure may be adopted on transfers and other dispositions of a mortgage of which an owner is so registered as are applicable to registered charges.

(3) A certificate of charge may be issued in respect of such a mortgage the ownership of which is registered.

Judgment mortgages

115 Registration of affidavit of judgment as judgment mortgage.

115. (1) Registration of an affidavit of judgment as a mortgage on registered property shall be effected by the deposit in the Registry of the copy affidavit prescribed by section 6 of theJudgment Mortgage (Ireland) Act, 1850, and the entry of notice of the deposit in the register of the property that the judgment creditor seeks to charge.

(2) The notice in the register of the deposit shall be in Form 60 with such variation as the Registrar may, in special circumstances, direct.

116 Evidence on entry of notice of deposit of affidavit of judgment.

116. (1) The registered property of the judgment debtor that the judgment creditor seeks to charge shall be identified by a statement in the affidavit to the effect that the property described in it that the judgment debtor is seized or possessed of or has disposing power over is the property, or a defined part of the property, in a specified folio of the register, or by a certificate of the judgment creditor or his solicitor to the like effect endorsed on the copy affidavit deposited.

(2) No entry of notice of the deposit of an affidavit as a mortgage shall be made in the register of any property unless the affidavit—

(a) purports to be made by the creditor specified in section 6 of said Act of 1850, or by a person authorised to make it by section 3 of the Judgment Mortgage (Ireland) Act, 1858,

(b) specifies the county and barony, or the town and county of a city, and parish, or the town and parish, in which the property to which it relates is situate.

117 Notice of deposit of affidavit

117. (1) Notice of the deposit of an affidavit of judgment in the Registry as a mortgage, and of the entry made in the register on its deposit, shall be sent from the Registry to the registered owner of the property, and to the other persons (if any) whose estate or interest therein the affidavit purports to charge, and whose address in the State for service of notices is disclosed in the register or the affidavit.

(2) The notice shall be in Form 61.

118 Application to cancel notice of deposit of affidavit on grounds of invalidity of judgment mortgage.

118. (1) Where an entry of notice of the deposit of an affidavit of judgment is made in the register of any property, a registered owner, or any other person interested, who claims that the deposit and the notice thereof in the register do not create a valid mortgage, may apply to the Registrar for the cancellation of the notice.

(2) The application shall be in writing and shall state the grounds on which the applicant claims that the entry should be cancelled, as for instance that a specified provision of the Judgment Mortgage (Ireland) Acts, 1850 and 1858, has not been complied with, or that the judgment debtor had no estate or interest in the property, or no estate or interest capable of being affected by registration of the affidavit, and shall state the facts on which he relies in support of his claim.

(3) Where the Registrar is satisfied on the facts stated that a prima facie case for cancellation of the entry has been made, notice shall be given to the judgment creditor of the application and of the cancellation proposed to be made ; and in default of objection thereto by him within the time limited by the notice, the entry shall be cancelled.

(4) Every objection to a proposed cancellation shall be in writing and shall be signed by the judgment creditor or his solicitor. It shall state the grounds of the objection, and the facts relied on in support thereof.

(5) Where, in the opinion of the Registrar, the application and objection do not raise a question of law or fact relative to the validity of the registration made which should be referred to the court, he may cancel or refuse to cancel the entry of notice of the deposit ; but if a question of law or fact is disclosed on which in his opinion the validity of the affidavit as a judgment mortgage depends he may refer the question to the court for decision.

(6) The costs of proceedings in the Registry under this rule shall be those prescribed in Part III of the Third Schedule to these Rules. Where the entry is cancelled, the prescribed costs of the applicant for its cancellation shall be paid by the judgment creditor. Where it is not cancelled, the prescribed costs of the judgment creditor shall be paid by the applicant. The Registrar shall on application make an order for the payment of the costs.

119 Cancellation of notice of deposit of affidavit of judgment validly registered.

119. Subject to an inhibition in the register to the contrary, an entry of notice of the deposit of an affidavit of judgment as a mortgage may be cancelled on production at the Registry of the certificate specified in section 9 of the Judgment Mortgage (Ireland) Act, 1850, of the satisfaction of the judgment, decree, or order in respect of which the affidavit was deposited, or of a requisition by the judgment creditor or his personal representative in Form 62, for its discharge.

Other burdens

120 Lease.

120. (1) An application for registration of a lease as a burden shall be made by lodging in the Registry the lessee's part of the lease with a duplicate or attested copy. The entry in the register shall give the date of and the parties to the lease, the term and rent, and particulars of the property demised sufficient to identify it on the Registry map.

(2) The lease shall be endorsed with notice of its registration as a burden on the property in the folio of the register specified, and shall be redelivered to the person who lodged it.

121 Rentcharge.

121. (1) A rentcharge may be created by an instrument in Form 59.

(2) An application for registration of a rentcharge as a burden shall be made by lodging in the Registry the grant or the chargeant's part thereof, with a duplicate or attested copy. The entry in the register shall give the date of and parties to the grant, the rent, and particulars of the property affected sufficient to identify it on the Registry map.

(3) The grant shall be endorsed with notice of the registration of the rentcharge as a burden on the property in the folio of the register specified and shall be re-delivered to the person who lodged it.

122 Power to charge and trust to raise money.

122. (1) A trust for securing money and a power to charge or other power, vested in any person virtute officii, shall be registered as a burden by reference to the instrument creating it, and no charge under the trust or power shall be registered until it is shown to the satisfaction of the Registrar that the person raising the money under the trust or power is the person authorised to do so by the instrument.

(2) A person raising money under such a trust or power shall do so by creating a registered charge in the manner prescribed by section 50 of the Act, and not otherwise.

123 Lien for unpaid purchase money.

123. (1) An application for registration of a lien for unpaid purchase money shall be made in writing signed by the vendor or his solicitor. It shall give the address of the vendor in the State for service of notices, and shall be accompanied by the prescribed assent to its registration as a burden.

(2) A lien may be discharged in the register on the consent of the vendor or his personal representative or the solicitor for either of them.

124 Order or other process of court.

124. An application for the registration of an order or other process of a court as a burden shall be made in writing signed by the applicant or his solicitor. It shall identify the property affected by the order, or process, by a reference to the folio of the register in which its ownership appears and a map, if necessary, and shall state whether all the property, and, if not, what part of it, is affected. Evidence of the order or other process shall be lodged with the application.

125 Lis pendens.

125. (1) An application for the registration of a lis pendens as a burden shall be made in Form 63. It shall be signed by the applicant or his solicitor, and shall have subscribed thereto a certificate of the existence of the cause or proceeding signed by the proper officer of the court in which it is pending.

(2) The entry of a lis pendens in the register shall be in Form 64 with such variation thereof as the Registrar may, in special circumstances, direct.

(3) An application for the discharge of a lis pendens shall be made by lodging in the Registry a certificate signed by the proper officer of the court in which the lis pendens may be that it has been duly vacated pursuant to order of the court, or by lodging an order of the court directing its cancellation on the register or by lodging a transfer of the property made in pursuance of an order for sale by the court in which the lis pendens may be.

126 Recognisances, bonds and judgments.

126. (1) An application for registration of a recognisance or other matter referred to in section 46 (3) of the Act as a burden shall be made by lodging in the Registry the memorandum prescribed by section 11 of the Judgments (Ireland) Act, 1844, with evidence of the identity of the person whose estate is sought to be affected with the registered owner or, where a limited owner is registered, with the other person having an estate or interest in the property under the settlement against whom registration is applied for. The memorandum shall be signed by the applicant or his solicitor, and shall have subscribed thereto a certificate of the existence of the recognisance or other matter by the proper officer of the Court in which it was obtained.

(2) The entry in the register of a recognisance shall be in Form 65. The entry in the register of the other matters referred to in the said section 46 (3) of the Act shall be in a like form with such variation as the case may require and the Registrar allow.

(3) An application for the discharge of a recognisance or a bond referred to in the said section 46 (3) of the Act shall be made by lodging in the Registry a certificate of vacate.

(4) An application for the discharge of a judgment referred to in the said section 46 (3) of the Act shall be made by lodging in the Registry a certificate of the satisfaction of the judgment.

127 Easement or profit à prendre.

127. (1) Every application for the registration of an easement or profit à prendre as a burden shall be accompanied by a plan showing the part of the land described in the register over which the right is to be exercised, unless it can be otherwise clearly identified on the Registry map from the description in the instrument creating the right.

(2) The application shall also be accompanied by a plan showing the land to which the right granted (except it is a profit à prendre in gross) is appurtenant, unless it can be identified on the Registry map by reference to the Folio of the register in which its ownership is registered.

(3) The plans, if not endorsed on and referred to in the instrument creating the right, shall be signed by the registered owner of the land on which the right is to be registered as a burden, and by the grantee of the right or his solicitor.

Cautions and inhibitions against registration of dispositions

128 Form of caution and of affidavit in support.

128. (1) A caution against dealings by a registered owner shall be in Form 67. The caution shall be signed by the cautioner or his solicitor, and shall contain an address in the State for service of notices on the cautioner.

(2) A caution may be limited to specified dealings by the registered owner.

(3) The affidavit in support of the caution shall be in Form 68 and shall state the facts that show the unregistered right in, to, or over the registered property in respect of which the caution is lodged.

(4) Notice of the entry of a caution shall be sent by the Registrar to the registered owner of the property to which it relates. The notice shall be in Form 69.

129 Warning notice to cautioner.

129. (1) Notice shall be sent to a cautioner warning him that his caution will lapse after the time stated therein—

(a) on the application in writing for its discharge made at any time by the registered owner of the property affected by it,

(b) where a dealing that the cautioner requires notice of is presented for registration without the consent of the cautioner.

(2) The time to be specified in a warning notice shall be 7 days or such other period as the Registrar may in the special circumstances of a case direct.

(3) The notice shall be in Form 70 or 71.

130 Application by registered owner for discharge of caution.

130. An application by a registered owner for the discharge of a caution shall state the grounds of his application, as, for instance, that the right for the protection of which the caution was entered does not exist or has ceased to exist, and shall state the facts alleged in support thereof.

131 Procedure on appearance by cautioner to a warning notice.

131. (1) A cautioner or his personal representative may appear before the Registrar, or deliver a statement in writing at the Registry, at any time within the time stated in the warning notice, for the purpose of obtaining a stay on registration of the dealing referred to in the notice, or, where the warning is sent on the application of the registered owner, for the purpose of obtaining the continuation of the caution.

(2) The applicant shall state the grounds why registration of the dealing should be stayed or the caution should be continued, as, for instance, that the dealing, if registered, would defeat or postponethe prior unregistered right of the cautioner which he was proceeding to enforce, or, where the warning notice is sent on an application by the registered owner, that proceedings are pending, or are about to be taken to enforce, the right protected by the caution.

(3) Where he deems it necessary or expedient the Registrar may appoint a day and time for the parties to attend before him for the determination of the terms and conditions on which registration of a dealing shall be stayed, or a caution continued or cancelled.

(4) The Registrar may make such ruling on the application as he may think just, as, for instance, that registration under the dealing be stayed for a specified period and that the caution continue during that period, or that registration under the dealing be made and the caution continued, or, where the warning notice was sent on an application by the registered owner, that the caution continue either indefinitely or for a specified period or that its entry be cancelled.

132 Withdrawal of a caution or consent of a cautioner to a dealing.

132. (1) A caution may be withdrawn at any time either as against the whole or any part of the property to which it relates. The application for its withdrawal may in Form 72 and shall be signed by the cautioner or his solicitor, or the personal representative of the cautioner or his solicitor ; and, where the withdrawal is against part only of the property affected by the caution, it shall identify the part to which the withdrawal relates by reference, where necessary, to a plan.

(2) A cautioner or his personal representative may by writing signed by himself or his solicitor consent to registration under a specified dealing. The consent may be absolute, or conditional on the caution being continued, or on a specified inhibition being entered in the register.

133 Lapse of caution.

133. Where the warning notice required by a caution has been given in respect of the whole of the property to which it relates, and the, time stated in the notice has expired, the caution shall be deemed to be exhausted, and its entry in the register shall be cancelled unless the. Registrar otherwise directs.

134 Form of inhibition.

134. (1) An inhibition for the protection of an unregistered right or interest may be in the terms of one of the clauses in Form 74 which may be modified or adapted as may be requisite for restricting the registration of dispositions that would defeat, postpone, or prejudice the right or interest claimed.

(2) The Registrar may refuse to enter in a register an inhibition that does not state clearly and explicitly the restriction to be imposed.

135 Entry of inhibition on consent of registered owner.

135. (1) An inhibition for the protection of an unregistered right or interest affecting a registered owner may be entered in the register of his property with his consent in writing, which shall belodged in the Registry together with a statement of the facts showing that there exists an unregistered right or interest in the property that is enforceable against the registered owner.

(2) An inhibition for the protection of an unregistered right or interest affecting an estate or interest created by a settlement under which a limited owner is registered may be entered in the register with the consent of the owner of such estate or interest or of the trustees of the settlement. The consent shall be in writing and shall be lodged in the Registry together with a statement of the facts showing that there exists an unregistered right or interest in the property that is enforceable against the owner of such estate or interest.

136 Application for inhibition where there is no consent.

136. (1) An application to the Registrar for the entry of an inhibition, other than one the entry of which is authorised on the consent prescribed by rule 135 of these Rules may be in Form 73.

(2) Where the inhibition applied for is a restriction on the registration of dispositions by a registered owner, the application shall state the facts showing that the applicant has an unregistered right or interest in the property that is enforceable against the registered owner.

(3) Where the inhibition applied for contains a restriction on the registration of dispositions by—

(a) the personal representative of a registered owner of property,

(b) the heir, devisee or other person entitled on the death of a full owner,

(c) the owner of an estate or interest in property the subject of a settlement under which a limited owner is registered, or

(d) any person claiming a right in or to a registered burden the ownership of which is not registered,

the application shall state the facts showing that the applicant has an unregistered right or interest in the property that is enforceable against such person.

(4) The application shall be accompanied by the instrument (if any) creating the unregistered right or interest, or such evidence thereof as the Registrar may deem sufficient, or, where the right or interest does not arise under an instrument, an affidavit or other evidence in proof of the facts that gave rise to it.

(5) An instrument creating an unregistered right or interest may, if the applicant so applies, be filed in the Registry for safe custody.

137 Procedure on application for inhibition.

137. (1) The Registrar may refuse to enter an inhibition applied for unless modified in such manner as he shall direct.

(2) Where the Registrar is satisfied on the facts disclosed in an application or in any document produced in support of it that the applicant is prima facie entitled to the right or interest claimed, he shall send notice of the application and of the proposed inhibition—

(a) to the registered owner of the property, if the right or interest is enforceable against him,

(b) to the person or persons appearing to be entitled to dispose of the estate or interest in the property against which the right exists, where there is no registered owner, or he is known to be dead, or the estate or interest affected by the right is in a settlement under which a limited owner is registered.

(3) The Registrar may also give notice to any person appearing from the register to be affected by the right or interest, where he deems it expedient.

(4) The notice shall be in Form 75.

138 Procedure on objection to inhibition.

138. (1) Any person to whom notice of the application for an inhibition is sent may, within the time stated, apply to the Registrar to vary the terms of the inhibition. He shall state what modifications of it he asks for and the grounds for it, as, for instance, that it is unreasonable or calculated to cause inconvenience having regard to the facts he discloses, or that it should be limited in duration.

(2) The Registrar may, if he thinks fit, appoint a day and time for the parties to attend before him for the determination of any question relative to the terms or duration of the inhibition to be entered.

(3) The Registrar may make any modification of the proposed inhibition that he thinks expedient, having regard to any additional facts disclosed by the parties, and may enter the inhibition so modified in the register.

139 Modification or discharge of registered inhibition.

139. (1) An application to modify or discharge an inhibition entered in the register otherwise than by an order of a court shall be in Form 76 or 77.

(2) Where the application is not made with the consent of all persons appearing from the register and the instrument on which the entry was made to be entitled to the benefit of the inhibition, or their solicitors, it shall be accompanied by evidence of the facts on which it is claimed that the entry should be modified, or that the right protected by the entry has been released or satisfied, or has otherwise ceased to exist.

(3) Notice of the application, if not made with their consent, shall be given to the persons appearing from the register or the instrument on which the inhibition was entered to be entitled to the benefit thereof, who may object thereto within the time stated in the notice. Every objection shall be in writing and shall state the grounds thereof.

(4) The Registrar may make such ruling on the application as he may think just, and may direct the discharge of the inhibition, or many continue it indefinitely or for a specified period or with such modifications as he may direct.

140 Application in anticipation of dealing inhibited without Registrar's approval.

140. (1) An application may be made to the Registrar, in anticipation of an intended dealing with property subject to an inhibition in the register against dispositions except under his order or with his approval, for a ruling that registration under the intended dealing may be made ; and the Registrar may direct that registration under the dealing, if carried out, may be made either unconditionally or subject to such inhibition as he may direct.

(2) The ruling of the Registrar shall specify a time within which registration under the dealing authorised is to be made ; and during that time it shall be attached to the folio of the register in which the inhibition is entered.

141 Procedure on lodgment of dealing inhibited without notice to specified persons.

141. (1) Where an inhibition is entered in the register restricting dealings except after notice to a specified person, the notice to be sent to such person, where a dealing within the terms of the inhibition is presented for registration shall be in the same form as a warning notice prescribed for service on a cautioner, with such modification thereof as the Registrar may consider necessary.

(2) The person specified in the inhibition, or his personal representative, or other person entitled to the benefit of the inhibition may appear to the warning notice and apply for a stay on the registration ; and the procedure prescribed on a similar application by a cautioner shall be applicable. The Registrar shall have the same powers as on a like application by a cautioner and may continue the inhibition either indefinitely or for a specified period or may, vary its terms or direct its discharge.

142 Inhibition under order ofcourt.

142. An entry of an inhibition under an order of a court shall state that it is made pursuant to that order.

Other entries

143 Notice of petition of bankruptcy or for arrangement.

143 (1) Notice of the presentation of a petition of bankruptcy by or against the registered owner of property, or of the presentation of a petition under section 343 of the Irish Bankrupt and Insolvent Act, 1857, by such owner shall be in Form 78. It shallbe signed by a registrar of the court in which the petition is filed, and shall have endorsed thereon a certificate of the petitioner or his solicitor identifying the person referred to in the notice with the registered owner of the property against whom entry of the notice is applied for.

(2) The notice shall be given to the registering authority by presenting it at the Registry. The entry in the register shall be to the effect that a petition of bankruptcy by or against the registered owner, or a petition by the registered owner under the said section 343 of the 1857 Act as the case may be, has been presented.

(3) Notice of the entry shall be sent from the Registry to the registered owner in any case in which the petition has not been presented by him.

144 Notice of annulment of bankruptcy where notice of petition entered.

144. (1) Notice of the annulling of an adjudication of bankruptcy of a registered owner under a petition of which notice has been entered in the register shall be in Form 79. It shall identify the property affected by the adjudication by reference to the folio of the register in which notice of the petition has been entered, and shall be signed by a registrar of the court in which the petition was filed.

(2) The notice shall be given to the registering authority by presenting it at the Registry.

145 Entry of notice of burdens that affect without registration.

145. (1) Notice of the existence of any burden specified in section 47 of the Act shall be given by an entry in the register to the effect that the property specified is subject to the burden.

(2) The notice required by section 38 (2) of the Act shall be an entry to the effect that the property is subject to the provisions of the section of the statute restricting the alienation, assignment, sub—division or sub—letting, as the case may be ; and the statute and the section thereof shall be specified.

(3) If the burden does not affect all the property described in a folio of the register, the consent or order authorising the entry of notice of it shall be accompanied by a plan showing the part subject to the burden unless it can be otherwise sufficiently identified on the Registry map.

146 Entry of notice of exemption from burden in section 47 of the Act.

146. (1) Notice of the exemption of specified property from crown rent, quit rent, ecclesiastical tithe rentcharge or payment in lieu thereof, land improvement and drainage charges or a land purchase annuity, may be entered in the register on a certificate of its exemption therefrom given by the Department of State charged with the collection of the sums payable on such burden.

(2) Notice of the exemption of specified property from estate duty shall be entered in the register—

(a) on production of the certificate prescribed by section 11 of the Finance Act, 1894,

(b) on proof to the satisfaction of the Registrar that the duty (if any) has ceased to be a burden on the property under the provisions of section 12 of the Customs and Inland Revenue Act, 1889.

The notice shall be to the effect that the property was exempt from the duty at the date of the entry.

(3) Notice of the exemption of specified property from succession duty shall be entered in the register thereof on production of the certificate prescribed by section 51 of the Succession Duty Act, 1853. The notice shall be to the effect that the property was exempt from the duty at the date of the entry.

147 Entry of conclusiveness of a boundary of property.

147. Every entry in the register of the conclusiveness of a boundary shall be made by stating therein the physical boundary of the property along a specified line on the Registry map, and the part of it that is the ascertained line of the boundary, as, for instance, that the face or centre of the fence or wall, or the centre or a specified side of a stream or drain along the line shown on the map is the boundary, and is conclusive as between the adjoining owners, or as against all persons, as the case may be.

148 Entry of boundary ascertained by Land Judge's conveyance.

148. A boundary defined by one of the instruments specified in section 57 of the Act shall not be entered in the register as conclusive unless the facts that enable it to be defined in the register in accordance with the foregoing rule may be ascertained from the instrument, and until notice of the proposed entry has been given to the adjoining owners, and no objection thereto has been received within the time limited by the notice.

149 Entry of boundary by agreement.

149. (1) An application by adjoining owners of property for entry in the register of the boundary between their property, or part of it, shall be made by lodging in the Registry—

(a) a plan on a section of a revised ordnance sheet (25 inch or larger scale) showing the land adjoining the boundary to be defined, and the site of the boundary by a line in colour,

(b) a consent in writing by the owners referring to the plan and stating in the manner prescribed by rule 147 the physical boundary along the line indicated on the plan, and the part of it that they agree is the boundary.

(2) Where an owner who is a consenting party is the owner of unregistered land, proof shall also be given that he is the owner within the meaning of section 60 of the Act who is authorised by that section to consent.

150 Settlement of boundary on transfer.

150. The boundary between registered property transferred by a registered owner and other registered property of which he is the registered owner may be entered in the register as conclusive on lodgment in the Registry of a consent by the transferor and transferee in the terms specified in the foregoing rule.

151 Entry of name of new trustee of a settlement.

151. (1) The name of a new trustee of a settlement under which a limited owner is registered shall be entered in the register on production at the Registry of an office copy of the order or the deed appointing the trustee, with such evidence as may be necessary to show that the appointment is properly made, as, for instance, evidence that the appointor is the person authorised to make the appointment and that there is a vacancy in the trusteeship.

(2) Where the appointment is by deed, the deed, or an attested copy thereof, shall be filed for reference.

152 Removal of description of infancy.

152. The description of a registered owner of property as an infant shall be removed from the register on his application and on proof that he has attained full age.

153 Entry in register on conversion of a registered renewable lease.

153. On production at the Registry of a grant in perpetuity of unregistered land made under the provisions of any enactment to the registered owner of a leasehold estate therein in conversion of the lease into a fee—farm grant or grant in perpetuity, a note shall be made in the register of leaseholders under the particulars of the registered leasehold estate to the effect that the registered owner claims the fee—simple under the grant ; and short particulars of the grant shall be given. Notice of the registration of the ownership of the leasehold estate and of the provisions of section 53 (2) (d) of the Act shall be endorsed on the grant, which shall be redelivered to the person who produced it.

PART IV MISCELLANEOUS

154 Land certificate and certificate of charge.

154. A certificate of the ownership of freehold land shall be called a land certificate ; a certificate of the ownership of a registered charge shall be called a certificate of charge.

Land certificates and certificates of title other than certificates of charge

155 Form and contents of land certificate and other certificate of title.

155. (1) A land certificate on its first issue shall be in the then form of the folio. A certificate of title to property (other than a charge) registered in the register of leaseholders or the register of subsidiary interests shall be in a like form with such modification thereof as the nature of the property may require. Every such certificate shall be authenticated by the Registry seal beig affixed thereto.

(2) Every such certificate shall certify as in Form 80 (with such modifications as the case may require) the ownership registered, and the burdens and notices of burdens, cautions and inhibitions, appearing in the register on the date of the issue of the certificate.

(3) Where an office copy of the plan of the property on the Registry map is annexed to a certificate, it shall, for the purposes of section 81 (4) of the Act, be deemed to be contained in the certificate itself.

(4) Where owners of property are registered as tenants in common, separate certificates of title may be issued to each owner certifying his ownership of his undivided share or shares in the property as appearing in the register. The ownership of the shares of more than one tenant in common shall not be certified in one certificate.

(5) (a) All land certificates may, on first issue, be in a form incorporating a photostatic positive fac—simile of the folio with such omissions as the Registrar may deem necessary to make therein by reason of the provisions of paragraph (4) of this rule.

(b) On re—issue such certificates may be in a form incorporating such positive photostatic fac—simile with such entries in typescript or manuscript therein as may be necessary to make the certificate conformable with the register.

(6) Nothing in these Rules shall invalidate any document issued as such certificate by the Registry prior to the coming into operation of these Rules and any such certificate may be re—issued with such entries therein in typescript or manuscript as may be necessary to make the certificate conformable with the register.

Certificates of charge

156 Form of certificate of charge in certain cases.

156. (1) On the registration of a joint—stock banking company, building society, friendly society or industrial or provident society, as owner of a charge, the Registrar may issue the instrument of charge with an endorsement thereon certifying the registration of the charge as a burden in the register of the property affected, and the ownership of the charge ; and the instrument so endorsed shall be for all purposes the certificate of charge.

(2) Where the instrument of charge is issued as a certificate, a duplicate thereof, or an attested copy, shall be lodged and filed for reference.

(3) On a transfer of the charge, the instrument issued under this rule shall be retained in the Registry, and the endorsement thereon cancelled ; but the transferee shall be entitled to a certificate of charge in the prescribed form on payment of the prescribed fee.

157 Form and contents of certificate of charge.

157. (1) Except as provided in rule 156 of these Rules a certificate of charge shall be in Form 81 with such modifications as the Registrar in the special circumstances of a case may direct. It shall be authenticated by the Registry seal being affixed thereto.

(2) The certificate shall certify the registration of the charge and its ownership, and shall contain particulars of the property charged and the burdens, notices of burdens, cautions and inhibitions appearing in the register as affecting the charge on the date of its issue.

(3) The certificate may have a duplicate, or an office copy, of the instrument of charge annexed to it ; and the particulars of the charge may be given in the certificate by reference to the duplicate or office copy.

Certificates generally

158 Certificate not to certify ownership of burdens.

158. A certificate of the ownership of property shall not be deemed to certify the ownership of any burden appearing thereon nor shall anything in these Rules oblige the Registrar to enter ownership of or any dealing affecting any such burden on such certificate except an entry of its release or discharge, or an entry affecting its priority.

159 Authentication of entry on certificate of title.

159. The last entry made in each part of every certificate of title shall, on its first issue, be authenticated by affixing thereto an authentication seal kept in the Registry for the purpose. Every entry made in a certificate after its first issue shall be authenticated by affixing the authentication seal thereto.

160 The date of issue of certificate of title.

160. (1) Every certificate of title shall have an entry thereon showing the date on which it was issued or last examined and made conformable with the register in accordance with these rules. The date on which a certificate was originally issued, or was last examined and reissued, shall be called its " date of issue ".

(2) On being lodged in the Registry for the purpose and on payment of the prescribed fee, a certificate shall be made conformable at any time with the register in accordance with these Rules. and reissued.

161 Production of a certificate of title in registrations

161. (1) Production to the Registrar of every certificate of title shall be required for the registration of a dealing with the property whose ownership it certifies, when the dealing is—

(a) by the registered owner

(b) with the written consent of the registered owner such consent being lodged in the Registry,

(c) by the personal representative of the registered owner by way of transmission or otherwise,

(d) a transmission under a settlement under which a limited ownership is registered,

(e) a rectification under section 34 (2) of the Act of an official error in the register of the property to which it relates.

(2) Production of the certificate of title on the registration of any other dealing with the property the ownership of which it certifies shall not be required.

162 Production of certificate of charge on sale, by owner of charge, of property charged.

162. On the registration of a transferee under a transfer of property by the registered owner of a charge thereon in exercise of his power of sale, his certificate of charge (if any) shall be produced.

163 Application for order for production of certificate of title.

163. (1) An application to the Registrar under Section 81 (2) of the Act for an order for the production of a certificate of title shall be in Form 82 and shall be signed by the applicant or his solicitor.

(2) On receipt of the application, the Registrar shall send notice to the person against whom the order is sought, requiring him to state whether he has the custody of the certificate, and, if he has, whether he claims that the dealing for which production is required is one that cannot be registered without his consent, and the grounds of his claim.

(3) Where the person having the custody of the certificate claims that the dealing cannot be registered without his consent, then the Registrar shall, subject to an appeal to the court, determine the question, and for that purpose may appoint a day and time for the parties to attend before him.

(4) In default of a reply to the notice within the time specified therein, where it appears to the Registrar, from the statements in the application and the documents lodged for the purpose of the registration for which the certificate is required, that the dealing is one that can be effected without the consent of the person having the custody of the certificate, the Registrar shall make the order sought.

(5) The costs of proceedings in the Registry under this Rule shall be £2, and the Registrar shall on application make an order for payment of such costs by—

(a) the person having custody of the certificate who being bound to produce it neglects or refuses to do so, or

(b) the applicant for such order, where the Registrar refuses to make an order for production of the certificate.

164 Power to dispense with production of certificate of title in certain cases.

164. (1) Where it is proved to the satisfaction of the Registrar that a certificate of title is in the custody of a person not residing in the State who refuses or neglects to produce it, or of a person whose address cannot be ascertained, he may dispense with the production of the certificate—

(a) on the registration of a dealing with the property that can be effected without the consent of the person having its custody,

(b) on the registration of any dealing with the property, where it is proved to his satisfaction that the certificate is not deposited with the person having its custody for the purpose of creating a lien on the property.

(2) Before dispensing with the production of a certificate of title under this rule the Registrar may give such notice of the proposed registration, and take such indemnity (if any) as he shall consider necessary or expedient.

165 On registration of dealing certificate of title to be made conformable with register.

165. (1) On the registration of a dealing with property for which production of the certificate of title is required, the certificate shall, without fee and before reissue, be made conformable with the register in accordance with these Rules.

(2) The Registrar may issue a new certificate in substitution for a certificate produced to him. On the issue of the new certificate, the old certificate shall be cancelled.

(3) No fee shall be payable for a new certificate issued under this rule.

166 Power to issue new certificate in certain cases.

166. Subject to such notices and inquiries (if any) as he may deem expedient, the Registrar may issue a new certificate of title to a registered owner of property whose registration without production of the certificate of title issued in respect thereof is authorised by these rules.

167 Deposit in Registry of certificate for specified registrations.

167. (1) A certificate of title may be deposited in the Registry by the holder thereof for the purposes of the registration of such transactions as are specified in a notice by him to the Registrar accompanying the certificate.

(2) The notice shall be in Form 83 and shall specify a time within which the transaction or transactions are to be registered.

(3) The Registrar shall give a receipt in Form 84 for a certificate so deposited ; and where the instruments are not presented for registration at the Registry within the time (if any) specified in the notice, the certificate shall be redelivered to the person who lodged it.

(4) No registration of a dealing with the property other than those specified in the notice shall be made while the certificate is in the Registry without the consent of the person who deposited it, except a registration that under the Act or these Rules may be made without his consent.

(5) On completion of the registration authorised by the notice, the certificate shall be re-delivered to the person who deposited it.

168 Certificate of title containing unofficial entries to be cancelled.

168. Where an entry not made in the Registry and authenticated in accordance with these rules, or any erasure or other defacement, appears on a certificate of title produced to the Registrar, thecertificate shall be retained in the Registry and cancelled, and a new certificate shall not be issued except on payment of the prescribed fee, and after such notices and inquiries (if any) as the Registrar may direct ; and he may postpone the issue thereof for a period to be specified.

169 Power to issue new certificate where certificate lost, and to dispense with certificate of charge.

169. (1) Where it is proved to the satisfaction of the Registrar that any certificate of title has been lost or destroyed, he may issue a new certificate after giving such notice in local and other papers, making such inquiries, and taking such indemnity as he shall deem necessary.

(2) Where it is proved to the satisfaction of the Registrar that a certificate of charge is lost or destroyed the Registrar may, on an application for cancellation of the charge, dispense with the production of the certificate on the cancellation on giving such notice and after making such inquiries and taking such indemnity as he shall deem necessary.

170 Record to be kept of outstanding certificates.

170. (1) A record shall be kept in the Registry of every outstanding certificate of title to property for which a new certificate of title is issued under rule 166 or 169 of these Rules.

(2) The record shall be open to public inspection on payment of the prescribed fee.

171 Note of issue of certificate to be made in register.

171. Wherever a land certificate or other certificate of title is issued to a registered owner or any other person a note that such certificate has been so issued shall be entered in the Register of the property to which such certificate relates.

172 Authorised statements on certificates.

172. A certificate of title may have endorsed thereon a short statement of its purport and effect, and of the procedure on registration.

The Registry map

173 The Registry map.

173. (1) The ordnance maps of the State kept in the Registry pursuant to the Act shall be called the Registry map. The Registry seal shall be sufficient authentification of the Registry map.

(2) Separate ordnance maps shall be maintained for the plans of property described in the register of owners of freehold land, the register of leaseholders, and the register of owners of subsidiary interests, respectively.

(3) The maps maintained for property in cities, county boroughs, urban districts and towns, and for such villages, parcels and areas as the Registrar may direct shall be the ordnance maps on the 25 inch or larger scale adopted for the specified area. The maps maintained for all other areas may be the ordnance maps on the 6 inch scale.

(4) Where a map on a scale larger than the 6 inch scale is adopted for a specified area, all plans of property in that area shall be shown on the scale adopted for the area.

(5) Where a map on a scale larger than the 6 inch scale is adopted for an area, that area shall be shown on the 6 inch ordnance map with a reference thereon to the map on the larger scale on which the plans of the property in the area are shown.

174 Contents of Registry map.

174. (1) There shall be shown on the Registry map—

(a) a plan or plans of the land described in each folio of the register of freeholders,

(b) a plan or plans of the land subject to the leasehold estate described in each folio of the register of leaseholders,

(c) a plan or plans of the land the subject of every incorporeal hereditament of freehold tenure described in each folio of the registers of subsidiary interests,

(d) such plan or plans as may from time to time be necessary or expedient for the identification of property subject to a burden, notice, caution, or inhibition entered in a folio of a register.

(2) Every plan shall be defined on the Registry map by an edging in colour, or otherwise as the Registrar may deem convenient in a particular case, and shall have a number or symbol thereon ; and the property described in each folio shall be identified therein by a reference to its plan or plans on the Registry map.

175 Revision of descriptions in register on revision of Registry map.

175. Where, owing to a revision of the ordnance maps, a change is made in the description of a denomination of land in an ordnance map, the Registrar shall revise the description in the registers of any property affected by the change so as to make the description in the registers conform with the description on the revised ordnance map.

Infants

176 Persons who may represent infants.

176. (1) An infant may be represented for any of the purposes of the Act by his guardian (if any) appointed by a court of competent jurisdiction, or, if there is no guardian so appointed, by his father, or, if his father is dead, by the person who is his guardian under the provisions of the Guardianship of Infants Act, 1886.

(2) Where it appears to the Registrar in the course of any proceeding under the Act that the person representing an infant under this rule has an interest adverse to, or conflicting with, the interest of the infant, or that it is in the interest of the infant that some other person should be appointed to represent him, he may refuse to proceed until another person is appointed to represent the infant in the proceedings.

177 Appointment of person to represent infant

177. (1) Where there is no person authorised by the foregoing rule to represent an infant, or where someone other than such person ought to be appointed, the Registrar may appoint a person to represent the infant for all or any of the purposes of the Act.

(2) The application to the Registrar for that purpose shall be made in writing and shall be accompanied by the consent to act of the person whom it is proposed to appoint, and an affidavit of his fitness.

Persons of unsound mind

178 Persons who may represent person of unsound mind.

178. (1) A person of unsound mind not so found by inquisition may be represented for all or any of the purposes of the Act by his committee or guardian (if any) appointed under the Lunacy Regulation (Ireland) Act, 1871.

(2) A person of weak mind who is temporarily incapable of managing his affairs may be represented for all or any of the purposes of the Act by his guardian (if any) appointed under section 103 of the said Act of 1871.

179 Appointment of person to represent person of unsound mind.

179. Where in the course of any proceeding in the Registry, except on application by the Land Commission under section 23 (1) (b) of the Act for the registration of a purchaser under the Purchase of Land (Ireland) Acts, it appears that any person interested is a person of unsound mind not so found by inquisition, and is not a person in respect of whom a committee or guardian has been appointed under the Lunacy Regulation (Ireland) Act, 1871, or a person of weak mind temporarily incapable of managing his affairs for whom a guardian has been appointed under the said Act of 1871, no registration in the proceeding that might prejudice his right shall be made until he is represented therein by a guardian appointed by the court to represent him, or his interest has been otherwise protected to the satisfaction of the Registrar.

Deeds and documents

180 Lodgment of deeds subject to lien.

180. (1) Where a person who claims to have a lien by way of equitable mortgage on a document in his possession is required by an applicant for first registration of ownership, or for cancellation of a notice of equities, to produce it at the Registry, or is required by the Registrar to show cause why it should not be produced, he may lodge it in the Registry subject to the lien.

(2) A person lodging a document under this rule subject to a lien created by its deposit shall lodge therewith a claim for the lien in Form 85 signed by himself or his solicitor.

(3) The lien of a person lodging a document under this rule shall include the costs of its lodgment.

(4) No registration that may defeat or prejudice the lien shall be made until the lien, where admitted, is satisfied or provided for, or, where not admitted, until the existence or validity of the lien is determined, and, where established, satisfied or provided for.

181 Documents to be retained in Registry and that may be delivered.

181. (1) Any of the following documents relating to registered property may be returned to the person who would be entitled to the custody thereof, if the property was unregistered, upon delivery at the Registry of an attested copy thereof, or on payment of the fee chargeable for a certified copy thereof—

(a) an instrument dealing with registered and unregistered property,

(b) a subsisting settlement, an instrument containing subsisting trusts, an instrument appointing trustees of a subsisting settlement, or of an instrument containing subsisting trusts,

(c) a subsisting lease, fee-farm grant, or counterpart lease or fee-farm grant.

(2) The attested or certified copy shall be filed for reference in substitution for the instrument so delivered, and on future dealings may be accepted as sufficient evidence of the document and its contents.

(3) Except as in these Rules otherwise provided, all other instruments on which an entry in a register is made shall be retained in the Registry. They shall be filed in the central office of the Registry and shall not be taken from it, except on the written authorisation of the Registrar and on such terms as he shall specify therein, or on an order of the court.

182 Delivery of documents relating to unregistered property.

182. Documents in the Registry relating to unregistered property only may, in default of application by and after notice to the person who lodged them or his personal representatives, be delivered to the person appearing to the Registrar to be entitled to the custody thereof on his application therefor.

183 Endorsement of documents delivered.

183. No original deed under which property or a disposition of property has been registered shall be delivered from the Registry until an endorsement has been made on it showing clearly, in such manner as the Registrar may direct, the property therein subject to the provisions of the Act, and the interest in the property affected by the registration.

184 Delivery to solicitor for production in court or taxation purposes.

184. The Registrar may deliver to the solicitor for the registered owner of property an instrument dealing with the property, except an instrument of charge or dispositions of it, on the solicitor certifying in writing that its production is required in a court on the hearing of some cause or matter, or before a Taxing Master of the High Court or a county registrar for the purposes of a taxation, and on his personally undertaking in writing to return it to the Registry within a time to be fixed by the Registrar.

185 Transmission of documents to court.

185. The Registrar may transmit an instrument filed in the Registry to a local registrar for production in court on the hearing of a cause or matter relating to the property the subject of the instrument—

(a) where the registered owner of the property the subject of the document, or his personal representative, or successor in title, is a party in the cause or matter,

(b) where the applicant for transmission is entitled to its inspection under these Rules and is a party to the cause or matter,

(c) where the registered owner of the property the subject of the document consents to its transmission,

(d) where the proceedings in the court are proceedings under the Act relating to the property the subject of the document.

186 Application for transmission of document to a local registrar.

186. (1) An application for transmission of a document to a local registrar shall be in Form 86 and shall be lodged in duplicate. Where the application is made by a person other than the registered owner of the property the subject of the document, notice of it and of the transmission of the document shall be given to the owner.

(2) The document shall be returned to the Registry not later than the termination of the court sittings in which the cause or matter for which it was requisitioned is entered for hearing. Where the hearing is adjourned, a further application for its transmission to the local registrar for the adjourned hearing shall be made.

187 Local registrar custodian of document transmitted.

187. (1) The local registrar shall hold any document transmitted to him under the foregoing rule solely for its production on the hearing of the cause or matter for which it is requisitioned, and, except the court otherwise directs, shall not permit its inspection by any person other than those authorised by rule 188 of these Rules until it is admitted in evidence by the court.

(2) Where the document has been transmitted on the application of any person other than the registered owner of the property the subject of the document, its production shall be subject to the ruling of the court on any objection by the registered owner to its inspection or admission in evidence.

Inspection of documents

188 Inspection of filed documents and obtaining copies thereof.

188. (1) The undermentioned persons but no other person may inspect a document filed in the Registry on a dealing or transaction with the property of the owner—

(a) the registered owner of the property,

(b) any person authorised in writing by such owner,

(c) the personal representative of a registered full owner of property,

(d) persons claiming to be entitled under the will or intestacy of a registered full owner of property,

(e) a person entitled on the cesser of the estate of a registered limited owner under a settlement, or the trustees of such settlement,

(f) a creditor of the registered owner,

(g) any other person who satisfies the Registrar that he has such an interest as would entitle him by law to an inspection of documents filed in the Registry.

(2) Where the Registrar is not satisfied that a person claiming inspection is entitled thereto under the preceding paragraph, he may refuse to permit such inspection except in pursuance of an order of the court.

(3) Any person entitled to inspect a document filed in the Registry may obtain a copy of it.

189 Inquiries prior to inspection.

189. Before allowing inspection of a document by a person claiming inspection under rule 188 of these Rules, the Registrar may make such inquiries and give such notices as he may think fit.

Searches in the registers and in the Registry map

190 Official searches.

190. (1) Any person may apply to the Registrar to make an official search and to certify—

(a) whether a named person is entered on the Names index of a county, and if so, the folio reference of the register in which the name of such person appears,

(b) whether the ownership of a parcel of land, to be identified by a plan drawn on a section of an ordnance sheet, is entered in the register of freeholders, or whether the ownership of any leasehold estate or right in or to the parcel is entered in the register of leaseholders or a register of subsidiary interests.

(2) The requisition for the search shall be in Form 87 or 88 as the case may require.

(3) The certificate of the result of the search shall be in Form 89 or 90 as the case may require.

191 Solicitor not liable for error in official search.

191. A solicitor or other person who obtains an official search shall not be answerable for loss that may arise from any error therein.

192 Application by telegram or telephone for search.

192. A solicitor may apply by telegram or telephone, and any other person may apply by telegram, to the Registrar at the central office, to search whether an entry has been made in a specified folio of a register affecting—

(a) the ownership of the property entered therein since the day of the issue of the land certificate, or certificate of title, or other date to be named, or

(b) the ownership of a specified charge since the day of the issue of the certificate of charge, or other date to be named.

(2) The applicant shall give the following particulars—

(a) the county in which the property is situate, the folio number of the register in which it is entered, and the name of the registered owner,

(b) where the search is for an entry affecting a charge, a description of the charge sufficient to identify it in the register of the property charged,

(c) the date from which the search is to be made,

(d) the name and address of the person to whom the answer is to be sent.

(3) Where the application is by telephone, it shall be confirmed by letter sent on the same day to the Registrar, and the search fee, and a fee to cover the cost of the telephone reply shall be sent with the letter.

(4) Where the application is by telegram, the fee for the search shall be sent by money order with the telegram, and the reply shall be prepaid.

193 Replies to requisition for search by telegram or telephone.

193. (1) A search applied for by telephone or telegram shall be made forthwith, and the result—" Yes " or " No "—shall be sent by telephone or telegram, as the case may be, to the applicant, repeating the county and folio number of the register, and the date from which the search begins, and, in the case of a charge, its description.

(2) The result, if sent by telephone, shall be confirmed in writing sent on the same day from the Registry.

(3) The Registrar may refuse to make a search applied for by telephone, where the applicant has not paid the fees chargeable on a previous application by him by telephone.

194 Searches by public.

194. Any person, on payment of the prescribed fees, may search in the Registry map, the index of names, the index of lands, and the registers, in the hours during which the Registry is open to the public pursuant to rule 3 of these Rules.

Proceedings in the Registry

195 Proceedings not to abate.

195. In case of a death, or transmission or change of interest, pending an application for registration, the proceedings shall not abate, but may be continued by any person entitled to apply for registration who desires to adopt them.

196 Evidence in proceedings.

196. Evidence in any proceeding in the Registry may be given by affidavit, or, except where the Act prescribes an affidavit, by statutory declaration, and the Registrar may, if he thinks fit, take evidence viva voce before him on oath, and administer the oath.

197 Affidavits in proceedings.

197. (1) An affidavit or statutory declaration for the purpose of any proceeding in the Registry may be sworn or taken before the Registrar, any officer of the Registry duly authorised by the Minister for Justice, or before any person authorised by law to administer oaths.

(2) An affidavit for use in proceedings in the Registry shall be entitled as in Form 1 or 15, as the case may require, and shall comply generally with the provisions relative to form, jurat, interlineations, alterations, and erasures, in the rules of the High Court concerning affidavits for use in that Court.

198 Form of notices issued.

198. (1) Every notice issued from or sent by the Registry (except notices of the receipt of instruments or applications, or of completion of registration, or formal notices of a like description) shall fix a time within which any act or step required to be done or taken by the notice is to be done or taken, and shall state what shall be the consequences of any omission to comply therewith.

(2) The notice shall also state in what manner, and within what time, an answer, objection, or other communication, if any, arising out of the notice is to be made, and the address at or to which it is to be delivered or sent.

199 Service of notices.

199. (1) Every notice required by the Act or these Rules to be given to any person may be sent through the post in an unregistered letter, unless the Registrar directs that it be sent by registered letter, or that personal service be made.

(2) Every notice sent through the post shall be sent by the Registry, and the envelope containing the notice, whether registered or unregistered, shall be marked on the outside " from Land Registry, Chancery Street, Dublin."

200 Service through the post.

200. Every notice sent through the post shall, in the absence of evidence to the contrary, be deemed to have been received by the person to whom it is addressed within three days, exclusive of the day of posting, and if the address is not within the State, within such time to be stated in the notice as the Registrar may fix and the time fixed by the notice for taking any step thereunder shall be calculated accordingly.

201 Procedure on return of notice sent by post.

201. On the return by the post office of a letter containing a notice, the Registrar may require some other notice to be given, or may authorise substituted service of the notice ; or he may proceed without further notice, if, in the circumstances, he thinks fit to do so.

202 Personal service of notice, summons or order.

202. (1) Personal service of a notice, or of a summons by or order of the Registrar, shall be made by delivering the notice or summons or, in case of an order, a sealed copy thereof to the person on whom service is directed. The service shall be proved by affidavit.

(2) Where personal service cannot be made, or is shown to be not reasonably practicable, the Registrar may order such substituted service as he may deem sufficient in the circumstances of the particular case.

203 How questions determined.

203. Where any question, difficulty, or dispute arises during an investigation of title, or registration, or other proceeding in the Registry, the Registrar may give notice to all persons interested to attend before him on a day and at a time to be stated in the notice for the consideration of the matter, and at the time appointed he shall either decide the question, or, if he entertains a doubt thereon, refer it to the court for its decision.

204 Summons by Registrar.

204. (1) A summons by the Registrar under section 10 of the Act shall be in Form 16.

(2) Where the summons is served upon any person not bound to attend at his own expense, the affidavit proving service of the summons shall also prove that the reasonable expenses of the attendance of the person summoned have been paid or tendered to him.

(3) The reasonable expenses of the attendance of any person on a summons in relation to a registration shall be part of the costs of the applicant in the matter.

205 Powers of Registrar.

205. The Registrar shall have the powers conferred on him by sections 10 and 67 of the the Act in all proceedings in the Registry for the registration of an ownership of property or a burden thereon, or which involve an examination of title outside the registers.

206 Cost of proceedings before Registrar.

206. (1) The costs of any proceedings on a hearing before the Registrar shall be in his discretion, and he may direct by and to whom they are to be paid.

(2) Subject to the provisions of section 72 (2) of the Act, and unless the parties otherwise agree, the costs shall be taxed in accordance with the procedure specified in rule 236 of these Rules.

207 Order for costs, how enforced.

207. An order by the Registrar for the payment of costs may be enforced in the manner provided by section 15 of the Act for the enforcement of orders of the registering authority.

208 Decisions of Registrar, how recorded.

208. (1) Every decision of the Registrar refusing to enter an ownership, burden, notice, or other entry applied for, in a register shall be made by ruling signed by him, and entered in a ruling book to be kept for the purpose.

(2) Every other decision of the Registrar (not being an order) shall be entered as a ruling in the ruling book on the application of any person desiring to appeal therefrom.

(3) Every ruling shall refer to the documents on which it was made, and shall state the grounds of the decision given.

209 Reference of questions to court.

209. (1) An order of the Registrar referring a question of law or fact to the court, or directing an application to be made to the court under section 16 (2) of the Act, shall have annexed thereto a memorandum signed by him, which shall contain a concise statement of the material facts and documents on which the question referred to the court arises.

(2) The order shall state the question of law or fact for determination of the court and shall direct by whom the matter is to be brought before the court, and the persons to whom notice of the application to the court is to be given.

(3) Where it appears to the Registrar that there has been undue delay in having a matter referred by him to the court brought before the court for its decision, he may, by order, transfer the carriage of the proceedings from the person to whom it was given to some other person interested therein, or he may rescind his order and treat the proceedings in which the reference was made as abandoned.

210 General powers of Registrar.

210. The Registrar may, in any particular case, extend the time limited or relax the regulations made by these Rules, and may, at any time, adjourn any proceedings. Where at any time he is of opinion that the production of further documents or evidence or the giving of any notice is necessary or desirable, he may refuse to proceed until the documents, evidence, or notice, have been supplied or given. He shall have a discretionary power in all merely formal matters.

211 Power to treat proceedings as abandoned.

211. Where no step has been taken for a period of one month in a matter pending in the Registry, the Registrar may give notice to the applicant or his solicitor that the matter shall be treated as abandoned unless duly proceeded with within a time to be stated in the notice ; and on the expiration of that time he may treat the matter as abandoned, if it has not been proceeded with.

PART V COMPENSATION PAYABLE OUT OF THE CENTRAL FUND

212 Compensation to be determined by Registrar.

212. The compensation out of the Central Fund payable to any person under section 22 of the Registration of Title Act, 1942 , shall be determined by the Registrar, and such determination shall befinal, unless either the Minister for Finance, or the claimant is dissatisfied with that determination, in which case either party may appeal, in the prescribed manner, to the court.

213 To whom application for compensation is to be made.

213. Every application for compensation out of the Central Fund shall be made in writing to the Registrar in Form 93 and shall be accompanied by two copies thereof.

214 Contents of Application for compensation.

214. Every application for compensation shall be signed by the claimant, or his solicitor, and shall contain—

(a) particulars of the property for the loss of which compensation is claimed,

(b) particulars of the error, or of the forgery or fraud, on which the claim is based,

(c) particulars of the loss,

(d) an address in the State to which all notices and communications to the claimant may be sent,

and shall be verified by the affidavit of the claimant or, by leave of the Registrar, of some person on behalf of the claimant having knowledge of the facts, and shall be filed in the Registry.

215 Service of application on parties interested.

215. On the filing of an application for compensation in the Registry, the claimant shall serve copies of the application on the Minister for Finance, the Chief State Solicitor, and on such other persons (if any) as may appear to the Registrar to be interested in the application.

216 Notice to admit or dispute claim to be given by Minister for Finance.

216. The Minister for Finance shall, within two calendar months from the date of the service on him of such notice, give notice to the Registrar and the claimant of his intention to admit, either in whole or in part, the claim, or to dispute such claim.

217 Where claim admitted, order allowing compensation to be made.

217. Where the Minister for Finance,

(a) admits the claim, or

(b) admits part only of the claim and the claimant is satisfied to accept the part so admitted in full satisfaction of his demand,

the Registrar shall make an order allowing the claim, or the part thereof so admitted and accepted (as the case may be), and shall measure such sum for costs as he considers just, and shall direct to whom the amount of the compensation awarded and such costs are to be paid.

218 Procedure on application for compensation if claim is disputed.

218. Where the Minister for Finance disputes the claim for compensation, or where the applicant is not satisfied to accept in full satisfaction a part of the claim admitted by the Minister forFinance, the Registrar, on receipt from the applicant of a notice to that effect, shall serve notice in Form 94 on the Minister for Finance, the Chief State Solicitor, the applicant, and all other persons (if any) appearing to be interested in the application fixing the day and hour for the parties, or their solicitors, or counsel, to attend before the Registrar for the hearing of and adjudication on the application for compensation.

219 Hearing and determination of claim by Registrar.

219. (1) On the day mentioned in the last preceding rule, the Registrar shall hear the parties interested in the application or their solicitors or counsel, and may, where he thinks fit, receive evidence orally or on affidavit. The Registrar shall determine the claim, and shall embody his adjudication thereon in a formal order.

(2) Such order shall specify the amount of the compensation to be paid, and the person to whom it is to be paid, or shall dismiss the claim for compensation (as the case may be), and the order shall direct by what party the costs (if any) of the application and proceedings thereon are to be paid, and the persons to whom such costs are to be paid, when taxed and ascertained.

(3) A copy of the order of the Registrar adjudicating on the claim may be bespoken by the Minister for Finance, the Chief State Solicitor, and the claimant or other person entitled to receive the compensation, or his solicitor.

PART VI STATUTORY MODIFICATIONS OF THE ACT

Adaptation of the Act to registrations in the register of leaseholders

220 Leaseholders.

220. (1) In the application of the Act to registrations in the register of leaseholders, its provisions with respect to the registration of an owner of freehold land, to the transfer and transmission of such land, to defeasances of estates therein, and to charges on and other dealings with such land, are hereby modified in the manner and to the extent necessary for them to be read as set out in this rule, that is to say—

(a) in section 28 (1), " a leasehold estate in land " shall be substituted for " land ", and " the person, not being a mortgagee, in whom the term of the leasehold estate is vested in possession " for " tenant in fee-simple " ;

(b) in section 28 (2), the words " tenant in tail or " shall be omitted ;

(c) in section 30, sub-section (1) and (2), " a leasehold estate in land " shall be substituted for " land ", and " the term of the leasehold estate " for " an estate in fee-simple " ;

(d) in section 36, sub-sections (1) and (2), " the leasehold estate " shall be substituted for " an estate in fee-simple in the land " in sub-section (1), and " the estate in fee-simple " in sub-section (2) ;

(e) subject to the foregoing, " leasehold estate " or " leasehold estates ", or " a leasehold estate " or " the leasehold estate " shall be substituted for " land ", " lands ", or " freehold land " where the latter expressions occur in the said provisions as and where the context requires or admits.

(2) The expression " leasehold estate " in this rule has the same meaning as in section 53 of the Act.

Adaptation of the Act to registrations in the subsidiary registers of rights

221 Subsidiary registers in central office only.

221. The central office shall be the sole office for registration of the ownership of rights in subsidiary registers and such registers shall be kept and maintained there only.

222 Incorporeal hereditaments of freehold tenure.

222. The provisions in Parts II, III and V of the Act relating to the registration of the title to land, except those relative only to compulsory registration, and those in sections 29 and 49, shall apply to registrations in subsidiary registers of the title to all incorporeal hereditaments of freehold tenure that may be registered therein pursuant to section 54 of the Act, with the following modifications—

(a) " land ", or " lands ", or " freehold land ", where these expressions occur in such provisions, and the context so requires, shall include incorporeal hereditaments of freehold tenure ;

(b) the title conferred by the registration of an owner of such a hereditament, or by the registration of an owner of a charge thereon, whether registered on first registration or under subsequent disposition—

(i) shall be subject to the conditions in the grant (if any) creating the hereditament,

(ii) shall not extend to or warrant the title of the grantor of the hereditament, or affect or prejudice the enforcement of any estate, right, or interest, affecting or in derogation of his title to make thegrant creating the hereditament, unless the registering authority, after inquiry into title, shall note in the register that the title to make the grant is good ;

(c) the burdens specified in paragraphs (b), (c), (d) and (i) of section 47 shall be excluded from that section in its application to such a hereditament, and estate duty and the conditions, estates, rights and interests specified in paragraph (b) of this rule shall be included therein as burdens to which though not registered such a registered hereditament is subject.

223 Rights not being incorporeal hereditaments of freehold tenure.

223. The provisions in Parts II, III and V of the Act relating to the registration of the title to land (except those relative only to compulsory registration, to the registration of limited ownerships, to the transfer of land, and to burdens which are, without registration, to affect registered land) and the provisions of section 41 relative to the transfer of charges shall apply to registration in subsidiary registers of the title to all rights other than incorporeal hereditaments of freehold tenure that may be registered therein pursuant to section 54 of the Act, with the following modifications—

(a) " right ", or " a right ", or " rights ", or " the rights ", or " a registered right ", or " the registered right ", shall be substituted, as the context may require, for " land ", or " lands " or " freehold land " ; and in section 41 " right " shall be substituted for " charge " ;

(b) " owner " shall be substituted for " full owner " in the said provisions ;

(c) the person who may be registered as the owner of such a right shall be the person (not being a mortgagee) in whom the right is vested absolutely, whether for his own benefit or as a trustee, and section 28 shall be read as modified accordingly ;

(d) " the right " shall be substituted for the words " an estate in fee simple, in the land " in section 30 (1) ;

(e) the title conferred by registration on the owner of such a right shall not affect or prejudice the enforcement of any other right affecting the property on which the registered right is a burden that ranks in priority to or is in derogation of the registered right and subsisting or capable of arising at the time of the first registration thereof ;

(f) the registration of an owner of a right specified in paragraphs (h) or (i) of section 45 (1) shall not be a warranty that the right is a valid burden on the property described in the register as affected by the right ;

(g) all the burdens in section 47, except succession duty, shall be excluded from that section in its application to such a registered right, and estate duty and " any other right " specified in paragraph (e) hereof shall be included therein as burdens to which, though not registered, such a registered right is subject.

Adaptation of the Act pursuant to section 58 of the Land Act, 1923

224 Possessory and qualified titles.

224. Where an application is made by a local authority under section 59 of the Land Act, 1923 , or by the Land Commission or the Commissioners of Public Works under section 58 of the said Act of 1923, for the registration of a person as owner in the register of owners of freehold land or the register of leaseholders, the provisions of the Act relative to the registration of title to land (as modified in the case of registration in the register of leaseholders by rule 220 of the Rules) shall apply with the following modifications—

(a) where a possessory title only is shown, the registering authority shall, on registering the owner, enter notice in the register that the registration does not prejudice or affect the enforcement of any estate, right, or interest, adverse to or in derogation of the title of the owner so registered, and subsisting or capable of taking effect at the time of his registration ;

(b) where a qualified title only is shown, as, for instance, for a limited period or subject to certain reservations, the registering authority shall, on registering the owner, enter notice in the register that the registration does not prejudice or affect the enforcement of any estate, right, or interest, arising before the period stated, or under the instrument specified in the note or otherwise particularly described therein ;

(c) where such a notice remains uncancelled in the register of the ownership of the property to which it relates, the provisions of section 47 of the Act relative to burdens which are, without registration, to affect registered land shall apply to every estate, right or interest referred to in the notice as if such estate, right, or interest was expressly declared by that section to be one of the burdens to which, though not registered, all registered land is subject ;

(d) registration of ownership under the Act with the notice in the register specified in the foregoing provisions shall not have the effect of exempting from the provisions of the enactments relating to the Registry of Deeds any estate, right, or interest in the property referred to in the notice as exempted from the effect of the registration ;

(e) on the cancellation pursuant to the prescribed application of a notice of the exemption of estates, rights or interests from the effect of registration, the entry of such notice in the register shall cease to have any force or effect, and the provisions of section 47 of the Act shall cease to apply to any estate, right or interest that was protected by the notice.

Adaptation of the Act pursuant to section 57 (1) of the Land Act, 1923, and regulations on the exchange of holdings under section 46 of that Act

225 How exchange under section 46 of Land Act, 1923 , effected.

225. Where, pursuant to section 46 of the Land Act, 1923 , a transfer is made to the Land Commission of a holding (in this rule and in rules 226 to 228 of these Rules called " the original holding ") in exchange for another holding (in this rule and in rules 226 to 228 of these Rules called " the new holding ")—

(a) the transfer of the original holding shall state that it is made by way of exchange and shall have endorsed on it or embodied in it particulars of the new holding sufficient to enable the registering authority to identify it,

(b) the vesting order or other instrument effecting the transfer of the new holding shall state the land purchase annuity (if any) to which it is subject and shall refer to the folio number of the register of the original holding,

(c) the instruments transferring the holdings shall be lodged in the Registry on the same day.

226 Effect of registration on exchange.

226. On the registration of the Land Commission as owner of the original holding, the person who was the registered owner of it when the transfers were lodged shall be registered as full or limited owner of the new holding, according as he was full or limited owner of the original holding ; and there shall be entered in the folio of the new holding the burdens (other than burdens discharged under the Act of 1923 by the transfer) that appear in the folio of the original holding, which shall, thenceforth, be subject to the burdens so registered, and to any burdens that, without registration, affect it.

227 The notice of equities to be entered.

227. Where it appears from the register that the burdens arising from the interest vested in the purchaser of the original holding under the Purchase of Land (Ireland) Acts being deemed to be a graft on his previous interest in that holding have not been ascertained, notice shall be entered in the folio of the new holding that the ownership registered is subject to the equities (if any) arising from the interest vested in the owner then registered being deemed to be a graft upon the interest of the tenant of the original holdingprior to its purchase under the Land Purchase Acts, and the provisions of the Act as to burdens to which, though not registered, all registered land is declared by the Act to be subject, shall apply to the equities referred to in the notice.

228 Notices to be given.

228. On the registration of the ownership of the new holding the registering authority shall send to all persons appearing from the folio of the original holding to be owners of burdens transferred to the new holding notice of the transfer of their burdens to the new holding and of their registration.

PART VII SOLICITORS' COSTS

229 Definitions in Part VII.

229. In this Part of these Rules—

" the Act of 1881 " means the Solicitors' Remuneration Act, 1881 ;

" 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 Order of 1920 " means the Solicitors' Remuneration General Order (No. 2), 1920, made pursuant to the Act of 1881 and dated the 15th day of November, 1920 ;

" 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.

230 Orders of 1884 and 1920 as varied to apply.

230. 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 1920 as varied by these Rules.

231 Sales, purchases and mortgages.

231. (1) The provisions of paragraph 2 (a) of the Order of 1884 shall be varied as follows :

(a) where the property has a notice of equities or of possessory title in the register that cannot be cancelled except after the examination of title prescribed by rules 36 and 37 of these Rules—

(i) the remuneration of the vendor's or mortgagor's solicitor shall be double the charges set out in Part I of Schedule I to the Order of 1884 provided that such title shall have been shown as would enable the purchaser or mortgagee to have the notice cancelled in the register ;

(ii) the remuneration of the purchaser's or the mortgagee's solicitor shall be double the charges set out in Part I of Schedule I to the Order of 1884 providedthat an application to cancel the notice is made when registration of the ownership or the mortgage charge is applied for and effect is given to the investigation of the title made on the sale or mortgage by the cancellation of the notice in the register. The remuneration shall cover all charges in connection with the cancellation of the notice. Where cancellation of the notice in the register is not applied for and obtained, the remuneration shall be two-thirds of the foregoing remuneration.

(b) Where—

(i) the property has a notice of equities or of possessory title in the register that cannot be cancelled except after the examination of title prescribed by rules 36 and 37 of these Rules, and such title as would enable the purchaser or mortgagee to have the notice cancelled in the register shall not have been shown, or

(ii) the property has no notice of equities or of possessory title or has a notice thereof that may be cancelled on an application under rule 34 or 35 of these Rules,

the remuneration shall be the charges set out in Part I of Schedule I to the Order of 1884. The cancellation of a notice on an application under rule 34 or 35 of these Rules shall be deemed to be part of the business in connection with the sale or mortgage, and the solicitor obtaining the cancellation shall also be entitled to the remuneration therefor prescribed by rule 233 (1) (b) of these Rules.

(2) In respect of all sales, purchases, or mortgages, completed, or not completed, for which the remuneration prescribed by the foregoing provisions of this rule is not chargeable, the remuneration shall be 21/3 (two and one-third) times the charges prescribed by clause 2 (c) of the Order of 1884.

232 Leases and fee-farm grants.

232. The provisions of paragraph 2 (b) of the Order of 1884 shall be varied as follows :

(a) the remuneration for leases or agreements for leases at rack rent (other than mining leases or leases for building purposes or agreements for the same) shall be the charges set out in the Second Schedule to these Rules ;

(b) the remuneration for conveyances in fee or for any other freehold estate reserving rent (not being a fee-farm grant under the Renewable Leasehold Conversion Act or the Church Temporalities Acts), or building leasesreserving rent, or other long leases not at rack rent or agreements for the same respectively, mining leases or licences or agreements therefor shall be double the charges set out in Part II of Schedule I to the Order of 1884 ;

(c) rule 5 of the Rules applicable to Part II of Schedule I of the Order of 1884 is hereby modified so that, where the conveyance or lease is partly in consideration of a money payment or premium, the further remuneration chargeable on such payment or premium shall be ascertained as prescribed in rule 231 of these Rules.

233 Other business

233. (1) The provisions of paragraph 2 (c) of the Order of 1884 shall be varied as follows :

(a) for all charges on any transfer (not being a transfer on sale) by a registered owner, or his personal representative, 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 I of the Third Schedule to these Rules ;

(b) for all charges in connection with an application for the cancellation of a notice of equities or of possessory title in the register that may be cancelled on an application under rule 34 or 35 of these Rules, the remuneration to the solicitor who obtains the cancellation shall be the charges set out in Part II of the Third Schedule to these Rules ;

(c) on a transfer by a registered owner (not being a transfer on sale) and on a transmission on the death of such an owner, the cancellation in the register of a notice of equities that may be cancelled on an application under rule 34 of these Rules shall be deemed to be part of the business of the solicitor in connection with the transfer or transmission, and, where obtained when registration under the transfer or transmission is applied for, the charge therefor prescribed in (b) ante shall be chargeable as part of the charges for such business ;

(d) the costs of an applicant or a judgment creditor for which an order of the Registrar may issue under rule 118 (6) of these Rules in connection with an application under the said rule for the cancellation of a notice in the register of a deposition of an affidavit of judgment shall be those prescribed in Part III of the Third Schedule to these Rules. These costs shall be exclusive of anycosts of or incidental to an application to the court on a reference under rule 118 (5) of these Rules.

(2) Except as prescribed by the foregoing provisions of this Part of these Rules, the remuneration for business with registered property to which paragraph 2 (c) of the Order of 1884 applies shall be 21/3 (two and one-third) times the amount of the charges prescribed by the said paragraph 2 (c).

234 Rescission of rule 11 to Part I of Schedule I to the Order of 1884.

234. Rule 11 of the Rules to Part I of Schedule I to the Order of 1884, which was rescinded by clause 3 of the Order of 1951, is also rescinded as far as these Rules are concerned.

235 Meaning of " value " in Third Schedule to these Rules.

235. " Value " in the Third Schedule to these Rules means fifty times the rateable valuation of the property.

236 Taxation.

236. (1) Costs prescribed by these Rules shall, when taxable, be taxed by a Taxing Master of the High Court and the Rules of the High Court and Supreme Court for the time being relative to taxation shall apply to such costs as if the Land Registry were an Office of the High Court.

(2) In the taxation of costs the Taxing Master shall have regard to the procedure prescribed by the Act and these Rules and shall disallow the costs of any document or part thereof that he may consider unnecessary or prolix having regard to the prescribed form and the procedure and effect of registration under the Act.

FIRST SCHEDULE

FORM 1

Application for first registration of freehold property (rules 15 and 16)

LAND REGISTRY

I, A.B., of make oath and say—

1. I am entitled for my own benefit (or, as trustee under deed dated etc., or, as tenant for life under settlement dated etc., or, as the case may be) to the land, which is subject to the mortgages, charges, leases, tenancies, and other incumbrances specified in said schedule (or, which is not subject to any mortgage, charge, lease, or other incumbrance).

2. I am in undisputed possession (or, receipt of the rents and profits) of the land ; and there is no person in occupation of it, or any part of it, adversely to my estate therein.

3. I refer to the statement of my title lodged with this application, (to the opinion of counsel thereon (a ), to a map of the land drawn on a section of an ordnance sheet, and to the Schedule of documents lodged herewith, which is a list of all documents relating to the title in my possession or under my control. The facts specified in the statement of my title are true and accurate and the map correctly shows the boundaries of the land.

4. (b) For the protection of the trusts on which I hold the land I apply for the entry of the following inhibition in the register on my registration as owner (see rule 48 and Form 74).

5. I hereby apply for registration in the Register of Freeholders as full owner (or, as limited owner) of the land described in the first part of the schedule hereto.

(Jurat as in Form 8)

Schedule

PART 1

(To contain description of the land, giving area, townland, barony and county, or, if in a city or urban district, the street or road and city or urban district)

PART 2

(To contain short particulars of all subsisting mortgages, leases, tenancies, and other encumbrances not being burdens to which section 47 of the Act applies)

Note (1)—Where the application is for first registration of a rentcharge or other incorporeal hereditament of freehold tenure, the first paragraph is to be varied by stating that it is for registration of the ownership in a subsidiary register of the hereditament specified in Part 1 of the Schedule ; and that part is to contain particulars of the hereditament and of the land out of which it issues. If the application is by the original grantee of the hereditaments paragraph 3 is to refer only to the grant.

Note (2)—An affidavit of discovery Form 34 should be lodged with this application or the averments thereof may be included in this application.

FORM 2

Application for first registration of leaseholds (rules 15 and 17)

LAND REGISTRY

I, A.B., of make oath and say—

1. I am entitled for my own benefit (or, as trustee under deed dated      or, as tenant for life under settlement dated         , or, as the case may be) to the lessee's interest in the lease referred to in paragraph 5 which lease is subject to the mortgages, charges, subleases, tenancies and other incumbrances stated in Part 2 of the Schedule hereto (or, which is not subject to any mortgage, charge, sublease, tenancy, or other incumbrance)

(a) to be inserted only when opinion of counsel is relied on under rule 19

(b) to be inserted only when applicant is a trustee—see rule 48

2. As in Form 1, paragraph 2.

3. As in Form 1, paragraph 3, unless rule 17 (a) applies ; if it does, omit reference to statement of title.

4. Where necessary, as in Form 1, paragraph 4.

5. I hereby apply for registration as full owner (or, as limited owner) of the leasehold estate in the land described in Part 1 of the Schedule hereto demised by lease dated the    day of     from C. D. to E. F. for a term of     at a rent of £ .

(Jurat as in Form 8)

Schedule

(As in Form 1)

Note (1).—If rule 17 (a) applies, an affidavit of discovery in Form 14 should be lodged with the application or the averments thereof may be included in this application (rule 46).

Note (2).—This form is to be adapted on an application for first registration of ownership in a subsidiary register of a right that is not an incorporeal hereditament of freehold tenure.

FORM 3

Application by a Department of State or local authority for first registrationwhere the purchase money of or compensation for the property does not exceed £300 (rule 20)

LAND REGISTRY

1. I,      am the solicitor for (insert full and correct description of the person or body) who is applicant for registration as owner.

2. I have investigated the title to the property described in the conveyance dated the   day of (or, other instrument) lodged herewith. The land in or over which the estate or interest acquired by the conveyance (or, other instrument) exists is shown on the map endorsed thereon (or, is shown on the ordnance sheet lodged herewith and thereon edged      ).

3. As the result of my investigation of the title, I certify that the conveyance (or, instrument) conveys (or, vests) the fee simple in the lands (or, the lessee's interest in a lease dated the   day of   from     to     in the land for      years an attested copy of which is lodged herewith, or, other right acquired in the land) in the applicant, free from any adverse rights or incumbrances, except those subject to which the conveyance (or, instrument) expressly conveys the property.

4. The purchase money of (or, the compensation for) the property did not exceed £300. The whole of it has been paid to the person (or, persons) entitled thereto or authorised to give receipts therefor.

5. I apply for the registration of the applicant as full owner (and for the registration as burdens of the following rights appearing from the said conveyance (or, instrument) to affect the ownership—)

Dated the    day of    19 .

Signature

FORM 4

Application by Land Commission or Commissioners of Public Works for first registration with possessory title of a holding purchased under the Purchase of Land (Ireland) Acts (rule 21)

LAND REGISTRY

The Land Commission (or, the Commissioners of Public Works) pursuant to section 58 of the Land Act, 1923 , hereby apply for the first registration with possessory title of—insert name, address, and description of person to be registered—as full owner of the holding the particulars of which are specified in the Schedule hereto being the lands shown on the ordnance sheet accompanying this application edged in     thereon and numbered

Dated the    day of    19 .

(To be signed by the solicitor to the Commission or Commissioners).

Schedule

Part 1

PARTICULARS OF HOLDING

Part 2

PARTICULARS OF ACQUISITION OF HOLDING

Note—The certificate required by rule 21(2) is to be endorsed on the application.

FORM 5

Memorial for Registry of Deeds of the registration of property in the Land Registry (rule 31)

To the Registrar of Deeds.

A memorial of the registration in the Land Registry of the ownership of the person named in the first column of the Schedule hereto in the freehold land the particulars whereof are set out in the second column of said Schedule (or, in the leasehold estate under lease dated       from AB to CD of thelands the particulars whereof are set out in the second column of the said Schedule for a term of years at a rent of £     ) (or, in a rentcharge of £     created by grant dated the  from AB to C.D. out of the lands the particulars whereof are set out in the second column of the said Schedule). The ownership was registered on the     day of    19   in the folio of the register of owners of freehold land (or, of leaseholders, or, of subsidiary rights) specified in the third column of the said Schedule.

Dated the    day of   19  .

Registry Seal.

Schedule

FORM 6

Caution against first registration (rule 32(1) )

LAND REGISTRY

To the Registrar of Titles.

Notice is to be given to A.B. of        of any application that may be made for the registration of an owner of the land (or, the leasehold estate under lease dated    from X to Y for years in the land, or the rent charge of £     created by grant dated    from X. to Y. out of the land) in the county of specified in the schedule hereto.

Dated the day of 19 .

(To be signed by A.B. or his Solicitor).

Schedule

(To contain particulars of the land by reference to a plan on an ordnance sheet, or, if the land is being sold in Land Commission proceedings, by a reference to the Land Commission matter and the particulars of the holding and of the purchasing tenant in that matter)

FORM 7

Caution against registration of dealings in favour of Agricultural Credit Corporation on first registration or thereafter (rule 32 (2))

LAND REGISTRY

To the Registrar of Titles.

Notice is to be given to A.B. of         of any application for the registration of a dealing in favour of the Agricultural Credit Corporation withthe land (or, the leasehold estate under lease dated etc. in the land) in the County of       specified in the schedule hereto on or after the first registration thereof.

Dated the day of 19 .

(Execution and Schedule as in Form 6)

FORM 8

Affidavit of interest in support of caution against first registration, to be endorsed on caution (rule 32(3))

LAND REGISTRY

I, A.B., of      make oath and say—

1.—I am (or, C.D., for whom I am solicitor, is) interested in the land (or, leasehold estate, or, rentcharge) referred to in the within caution. The following are the particulars of my (or, his) interest.

2.—(State concisely in short paragraphs the documents or facts which show that the cautioner has an incumbrance on the property, or is entitled to object to a disposition of it without his consent)

FORM 9

Notice to cautioner of application for first registration (rule 33)

Land Registry,

Chancery Street, Dublin.

Sir (or, Madam),

Take Notice that E.F., of          has applied to be registered as owner of the land (or, leasehold estate, or, rentcharge) referred to in your caution lodged in the Land Registry on the    day of      .If you intend to oppose his application, you are required to do so in writing sent to the Registrar at the above address before the expiration of 10 days from the service of this notice on you. If you do not oppose it, the application will be proceeded with.

Any objection by you to the application must state the grounds thereof.

Dated the    day of   19 .

To A.B. of

FORM 10

Application for cancellation of a notice of equities in the register of land registered over 12 years, where the applicant claims under a transfer for valuable consideration registered not less than 12 years prior to the application (rule 34)

LAND REGISTRY

County        Folio

I, A.B., of      make oath and say—

1. The land to which this application relates is part(s) of the townland(s) of       a. r. p. area    described in folio     of the Register County .

2.—The said lands were purchased by me (or, E.F.) from C.D. in the year       and by transfer dated the       day of      were transferred to me (or, E.F.) on sale and I (or, E.F.) was registered as full owner thereunder on the      day of    or, The said lands were transferred to me, on the occasion of my marriage with C.D., by deed dated     under which I was registered aslimited owner (or, as the case may be. Facts must be stated showing that the applicant claims under a registered disposition for value to himself or a predecessor in title).

3.—I am (or the persons entitled under the settlement under which I am registered as limited owner are) absolutely entitled to the land and there is not to my knowledge any mortgage, charge, lease, agreement, incumbrance, or trust, affecting the land or any part of it created prior to (insert date of first registration) [except as stated in paragraph 5].

4.—I am in actual occupation of all the land and no person has to my knowledge any right therein or thereout under any agreement, settlement, or deed, or under any devise, or intestacy made or arising prior to (insert date of first registration) [except as stated in paragraph 5] ; and I have no knowledge of any deed, will, settlement or other document affecting the land or any part of it or of anything prior to (insert date of first registration) whereby my title to it may be affected or called in question in any manner whatever. I have not [nor to the best of my knowledge and belief have my predecessors in title] given any acknowledgement of title to the said lands to any person.

5.—I have no deeds or other documents relating to the lands in my possession or control [except the following which are lodged with this application, viz.      ].

6.—I apply that the notice of equities in the register of the lands be cancelled.

(Jurat as in Form 8)

FORM 11

Application for cancellation of a notice of equities in the register, where the title to the tenancy existing prior to first registration has not been investigated by counsel (rules 36, 37)

(Heading as in Form 10)

I, A.B. of    make     oath and say—

1. As in Form 10, paragraph 1.

2. I am (or, C.D. is) the registered full (or, limited) owner of the land on the said folio [and I refer to the consent (a) of the said C.D. to this application lodged herewith].

3. By settlement dated the     made on the marriage of C.D. and E.F. (or, by conveyance dated or, by his will dated     ) A.B., who was then tenant of the lands, conveyed (or, devised) same to (State concisely the terms of the disposition that is the root of title, and the subsequent documents, facts, and events, that show the title claimed. Where the documents disclose any charge or other burden, proof must be given of its discharge, where its existence is not admitted)

4. The deeds and other documents set out in the accompanying schedule dated the     and signed by me are all the deeds and documents affecting the land in my possession or control.

5. I am (or, C.D. is) in possession of all the land and no person other than myself is in occupation of the land or any part thereof [save     who is (or are) in occupation of  a.  r.  p. thereof under

6. I apply that the notice of equities in the register of the lands be cancelled [and that the following incumbrances be entered in the Register thereof as burdens. Set out the burdens created prior to first registration that applicant admits are subsisting].

(Jurat as in Form 8)

Note (1)—The schedule of documents referred to in paragraph 4 is to be lodged in duplicate.

(a) see rule 39 (a)

Note (2)—An affidavit of discovery in Form 14 must also be filed before the notice is cancelled. It may be lodged with the evidence tendered in discharge of the rulings on title issued from the Registry. If desired the averments of the affidavit of discovery may be incorporated in the application.

FORM 12

Application for cancellation of a notice of equities in the register where the title to the tenancy existing prior to first registration has been investigated by counsel on a sale, mortgage, or other disposition for value (rules 36, 37)

(Heading as in Form 10)

I, A.B., of         , make oath and say—

1. As in Form 10, paragraph 1.

2. I am the purchaser of the land from the registered owner thereof whose transfer to me is lodged with this application.

or,

I am the owner of the charge on the land from the registered owner thereof, which is lodged with application (or, as the case may be).

3. On the occasion of my purchase (or, of the loan, or, as the case may be) the title to the tenancy in the land existing prior to its first registration was investigated by a practising barrister of not less than 6 years standing, and I refer to his opinion thereon and to the abstract of title, contract, searches, requisitions, replies, deeds, and other documents, and evidence, produced on the occasion of the sale (or, loan) which are set out in the accompanying Schedule dated        and signed by me. The documents specified in the said Schedule are all the documents relating to the land and the title to it in my possession or under my control.

4. I have no knowledge of any deed, will, settlement, or other document relating to the land prior to its first registration other than those disclosed or of anything whereby my title or the title of the registered owner may be affected or called in question in any manner.

5. I am in actual occupation of all the land.

6. I apply that the notice of equities on the register of the land be cancelled ]and that the following incumbrances appearing from counsel's opinion to affect the land be entered in the register as burdens, viz.,         ].

(Jurat as in Form 8)

Note (1)—The schedule of documents referred to in paragraph 3 is to be lodged in duplicate.

Note (2)—See Note (2) to Form 11.

FORM 13

Application by a Department of the State or local authority for the cancellation of a notice of equities on a certificate of its solicitor where the compensation or purchase money does not exceed £300 (rule 35)

(Heading as in Form 10)

1. I,              , am the Solicitor to (insert full and correct description of the Department or authority).

2. As in Form 10, paragraph 1.

3. I have investigated the title to the tenancy in the land existing prior to its first registration, and I certify that no incumbrances or rights adverse to the said Department (or, authority) exist on or arise to the said tenancy in the lands, the fee simple in which was transferred to the Department (or, authority) by transfer (or, other instrument) dated the     day of 19    , and for which the purchase money (or, compensation) paid did not exceed £300.

4. I apply for the cancellation of the notice of equities in the register.

Dated the     day of   19 .

Signature

FORM 14

Affidavit of discovery (rule 46)

(Heading as in Forms 1 or 10)

I, A.B., of          make oath and say—

1. The land (or, leasehold estate, or hereditament) to which this affidavit refers is (describe clearly the property the subject of the application : where it is registered, the Folio No. of the register should be stated).

2. There is not to my knowledge any mortgage, charge, lien, lease agreement, or trust affecting the property specified in paragraph 1, the subject of my application (or, of the application of     ) or any part thereof, that has not been disclosed in the proceedings in the Registry on the application, and there is no person in possession of any part of the property adversely to my (or, his) estate therein.

3. I am not aware of any question affecting my title to the property (or, the title of       to the property) or any part of it, or of anything whereby the title is or may be affected or called in question in any manner whatever.

4. The deeds, wills, and other documents referred to in the said application and produced in the proceedings thereunder are all the documents in my possession or under my control (or, in the possession of         or under his control) relating to the said property.

5. There is not to my knowledge any person interested in the proceedings on the said application who is under the age of 21 years, or is of unsound mind [except—give name and address of any person interested who is a minor or of unsound mind and of his guardian or committee, if any], and no proceedings are pending in any court relating to the said property [except—give particulars of any pending action or suit].

(Jurat as in Form 8)

Note—The averments of this affidavit may be incorporated in the application for first registration or discharge of equities if desired.

FORM 15

Application by solicitor for registration of ownership, burdens, or other entries, under documents presented by him (rule 55)

LAND REGISTRY

County              Folio.

To the Registrar of Titles.

1. I, as solicitor for (insert the names of all the parties to the transaction for whom solicitor acts) apply for registration in the above mentioned Folio of the ownership and/or burden(s) (or, caution, or, inhibition, or, other entry applied for) arising under the documents set out in the Schedule hereto.

2. I send herewith registration fee stamps for £    for the registration(s).

*3. The land certificate (or, certificate of title) now produced for the purposes of the registration(s) applied for was in the custody of the registered owner (or, A.B.). I apply that it be re-delivered to the transferee (or, transferor, or, to me as solicitor for the transferee, or, the transferor, or, A.B., or, C.D. the solicitor for A.B.)

* Omit if no Certificate issued.

4. I request that the returnable documents lodged ]other than the certificate of title] be sent to me by post.

Dated the day of 19 .

Signature of solicitor

Schedule

(To contain a list of the documents delivered by the solicitor for the purposes of the registration)

Note—If a land certificate has been issued and its production is required for the purpose of the registration (see rule 161), it must be lodged with the application, or an application under rule 163 in Form 82 for the production of the land certificate must be lodged (rule 56 (3)).

FORM 16

Summons to attend before Registrar (rule 204)

(Heading as in Form 1 or 15, as the case may require)

You are hereby required to attend before me at the Land Registry, Chancery Street, Dublin, at the hour of o'clock on the       day    19    (a) [to be examined in relation to—state the purpose for which attendance is required] and/or (b) to produce the document(s) specified in the Schedule hereto].

If you wilfully neglect or refuse to attend in compliance with this summons, you will be liable for the penalty in that behalf prescribed by section 10 (6) of the Registration of Title Act, 1891.

Dated the day of 19 .

L.S. Registrar of Titles.

Schedule (where necessary)

(a) to be omitted if the attendance is only to produce documents.

(b) to be omitted if the attendance is only for examination.

FORM 17

Transfer of freehold land by a registered full owner (rules 51, 68)

(Heading as in Form 15)

Transfer dated the day of 19 . A.B., the registered owner, in consideration of the receipt of which is hereby acknowledged) hereby transfers all the land described in folio of the register County to C.D. in fee-simple. The address of C.D. in the State for service of notices and his description are : (a)

Note (1)—The relevant certificates prescribed by the Finance Acts may be added to the Form in appropriate cases.

Note (2)—Where the transfer is on a sale, and the transferor claims a lien for unpaid purchase money, he must apply for the registration of his lien as a burden—see rule 123. Where the purchase money is paid the usual receipt clause may be embodied in the transfer.

Note (3)—For execution and the attestation of the execution of a transfer—see rules 52 and 53.

(a) give address and description.

Note (4)—Where desired, the covenants for title implied by the transferor transferring "as beneficial owner" or "as settlor" or "as mortgagee" may be incorporated by inserting these words in the transfer after the name of the transferor—see section 7 of the Conveyancing Act, 1881.

FORM 17A

Affidavit of attesting witness (rule 52)

(Heading as in Form 15)

I,        of        make oath and say—

1. I am an attesting witness to the execution of the within deed by        party thereto.

2. I was present and saw the said deed signed, sealed, and delivered by the said      , who is personally known to me.

(Jurat as in Form 8)

Note—Where the executing party is a marksman, it must be stated in this affidavit, or in the attestation clause to the deed, that the deed was read over to and understood by him.

FORM 18

Transfer of freehold land by a registered full owner, where the registered owner of a charge joins to release the charge (rules 51, 68)

(Heading as in Form 15)

Transfer dated the     day of      19 . In consideration of pounds (£   ) paid, as to £    , to A.B. and as to £   to E.F. (the receipt of which is hereby acknowledged).

1. A.B., the registered owner, hereby transfers all the land described in folio of the register County   to C.D. in fee-simple.

2. E.F., the registered owner of the charge for £    registered on the    day of  19 , (or, registered at entry No.   on the said folio), hereby releases the said land from said charge and assents to its cancellation as a burden thereon in the said folio.

3. The address of C.D. in the State for service of notices and his description are :

(Execution as in Form 17)

FORM 19

Transfer of part of freehold land by a registered full owner (rules 51, 68)

(Heading as in Form 15)

As in Form 17 substituting for the words "all the land described in folio    of the register County "the words"the part of the land described in folio    of the Register County    specified in the Schedule hereto".

Schedule

(To contain particulars of the part transferred and reference to the map thereof—see rule 54)

Note.—Where the land is part of a holding subject to a land purchase annuity, or of a holding for which an advance was made under the Land Acts since the 9th August, 1923, the consent of the Land Commission to the subdivision must be lodged in the Registry with the transfer—see rule 69.

FORM 20

Voluntary transfer of freehold land by a registered full owner with a power of revocation (rules 51, 68)

(Heading as in Form 15)

Transfer dated the    day of     19 . In consideration of the affection of A.B., the registered owner, for his C.B

1. A.B. hereby transfers all the land described in folio     of the register County     to E.F. in fee simple to the use of C.B. in fee simple.

2. It is hereby declared that A.B. shall have power at any time hereafter by deed (or, by will expressly referring to this power) to revoke the use hereby limited to C.B. and to limit and appoint the land to such other uses, whether for the benefit of himself or any other person, as he may think fit.

3. C.B. hereby assents to the registration of the said power of revocation as a burden on the land.

4. The address of C.B. in the State for service of notices and his description are :

(Execution by A.B. and C.B. as in Form 17)

Note—A power of revocation in a transfer of the fee simple is only effective where the transfer is made by the limitation of a use under the Statute of Uses that can be revoked. The transfer must, therefore, be made by the registered owner to a third person to the use of the person to be registered as owner.

FORM 21

Transfer of freehold land on a sale by a registered limited owner in exercise of his power under the Settled Land Acts, the purchase money being paid to the trustees of the settlement (rules 51, 68)

(Heading as in Form 15)

Transfer dated the    day of  19 . In consideration of   pounds (£    ) paid to E.F. and G.H.—