S.I. No. 246/1975 - Land Registration Rules, 1975.

S.I. No. 246 of 1975.

LAND REGISTRATION RULES, 1975.

We, the Registration of Title Rules Committee, constituted pursuant to the provisions of Section 73 of the Courts of Justice Act, 1936 , by virtue of the powers conferred upon us by Section 126 of the Registration of Title Act, 1964 , with the concurrence of the Minister for Justice, do hereby make the following Rules.

Dated this 16th day of October, 1975.

SEÁN de BUITLEÁR Judge of the High Court

FRANCIS J. LANIGAN

JOHN O. SWEETMAN

NEVIN GRIFFITH.

I concur in the making of these Rules.

Dated this 22nd day of October, 1975.

PATRICK COONEY,

Minister for Justice.

PRELIMINARY.

1 Commencement.

1. These Rules shall come into operation on the 1st day of November, 1975, and may be cited as the Land Registration Rules, 1975.

2 Interpretation.

2. (1) These Rules and the Land Registration Rules, 1972, shall be construed together and Rule 2 of the Land Registration Rules, 1972 shall apply for the purpose of the interpretation of these Rules.

(2) These Rules and the Land Registration Rules, 1972, may be cited together as the Land Registration Rules, 1972 to 1975.

3 ..

3. (1) Subrules (2), (3) and (4) of Rule 19 of the Land Registration Rules, 1972, are hereby amended by the substitution of "£20,000" for "£8,000" wherever "£8,000" occurs and the said subrules as so amended are set out in the Table hereto: —

TABLE.

(2) Where the market value of the property the subject of the application is shown to the satisfaction of the Registrar not to exceed £20,000, the title to be shown by the applicant may commence—

( a ) with a disposition of the property 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 or

( b ) with a conveyance or assignment on sale made not less than 12 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.

(3) On a sale where the purchase money of the property does not exceed £20,000, the Registrar may, if he thinks fit, register a title as absolute or good leasehold on production of a certificate by a solicitor, at the expense of the applicant in Form 3, adapted as the case may require.

(4) Where property is acquired by a statutory authority and the purchase money or compensation paid therefor does not exceed £20,000.

( a ) the Registrar may dispense with the official examination of the title and may register the statutory authority with absolute title or good leasehold title on a certificate of title by the solicitor for such authority in Form 3 adapted as the case may require;

( b ) the application shall be signed by the solicitor for the statutory authority and shall be accompanied by a plan of the property drawn on the current largest scale map published by Ordnance Survey.

(2) The caption of Form 3 of the Schedule of Forms to the Land Registration Rules, 1972 (which is the form mentioned in Rule 19 (3) and (4) of the said Rules), is hereby amended by the substitution of "£20,000" for "£8,000", and Paragraph 4 of the said Form is hereby amended by the substitution of "£20,000" for "£8,000" and the said paragraph as so amended is set out in the Table hereto:—

TABLE.

4. The purchase money of (or, the compensation for) the property did not exceed £20,000. The whole of it has been paid to the person (or, persons) entitled thereto or authorised to give receipts therefor.

4 ..

4. (1) Subrule (1) of Rule 35 of the Land Registration Rules, 1972, is hereby amended by the substitution of "£20,000" for "£8,000" and the said subrule as so amended is set out in the Table hereto:—

TABLE.

Application where property acquired by a statutory authority or on sale and value does not exceed £20,000.

35. (1) Where property purchased under the Land Purchase Acts and registered with a possessory title has been acquired on sale or by a statutory authority and the purchase money, compensation or value thereof does not exceed £20,000, the Registrar may, on an application by the Solicitor for applicant certifying that he has investigated the title prior to first registration and that on such investigation no adverse rights, restrictive covenants or incumbrances were disclosed, convert the title into an absolute title.

(2) The caption of Form 15 of the Schedule of Forms to the Land Registration Rules, 1972 (which is the form mentioned in Rule 35 of the said Rules), is hereby amended by the substitution of "£20,000" for "£8,000" and Paragraph 3 of the said Form 15 is hereby amended by the substitution of "£20,000" for "£8,000" and the said paragraph as so amended is set out in the Table hereto:—

TABLE.

3. I have investigated the title to the tenancy in the property existing prior to its first registration, and I certify that no incumbrances, restrictive covenants or rights adverse to the said applicant exist on or arise in respect of the said tenancy in the property, the fee simple in which was transferred to the applicant by transfer (or, other instrument), dated the   day of      , 19 , and for which the purchase money (or, compensation) paid did not exceed £20,000.

EXPLANATORY NOTE.

These Rules, which come into operation on the 1st November, 1975, amend rules 19 and 35 of the Land Registration Rules, 1972.