Registration of Deeds and Title Act 2006

Amendment of section 123.

70.— Section 123 (effect of words of transfer) of the Act of 1964 is amended by the substitution of the following subsections for subsection (4):

“(4) An instrument granting, or containing a grant or reservation of, an easement or a profit à prendre out of registered freehold land without words of limitation or any equivalent expression shall pass or reserve the whole estate which the grantor had power to grant or reserve in the easement or profit à prendre.

(5) An instrument granting, or containing a grant or reservation of, an easement or a profit à prendre out of registered freehold land to a corporation sole by its corporate designation without the word ‘successors’ shall pass or reserve the whole estate which the grantor had power to grant or reserve in the easement or profit à prendre.

(6) Subsections (1), (2) and (3) of this section apply only to instruments of transfer executed on or after 1 January 1967, and subsections (4) and (5) thereof apply only to those executed after the commencement of section 70 of the Registration of Deeds and Title Act 2006.”.