S.I. No. 727/2021 - Registration of Deeds Rules 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st December, 2021.

1. (1) These Rules may be cited as the Registration of Deeds Rules 2021.

(2) These Rules and the Registration of Deeds Rules 2008 to 2013 may be cited together as the Registration of Deeds Rules 2008 to 2021.

(3) These Rules and the Registration of Deeds Rules 2008 to 2013 shall be construed together as one.

(4) In these Rules, “the Rules of 2008” means Registration of Deeds Rules 2008.

(5) In these Rules, “the Rules of 2009” means Registration of Deeds Rules 2009.

(6) In these Rules, “the Rules of 2013” means Registration of Deeds Rules 2013.

2. These Rules shall come into operation on the 16^th day of December 2021.

Notice under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

3. The Rules of 2008 are amended by the insertion of the following immediately after Rule 16 of those Rules;

16A. Application for registration of a notice under section 36 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 shall be in Form 5A.

4. The Schedule of Forms to the Rules of 2008 is amended by the insertion of Form 5A set out hereunder immediately after Form 5 in that Schedule.

Form 5A

REGISTRY OF DEEDS

Application for registration of a notice of existence of a civil partnership under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (Rules 6 and 16A)

Note: To be completed in type face or with black pen using block capital letters

For official use only: Office Code

I, AB_________________of

do solemnly and sincerely declare as follows:

(1) I am the lawful civil partner of of

(2) The civil partnership was registered pursuant to Part 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 on day of 20 at

(3) The said property the particulars of which are set out below comprises the shared home of the said and I.

(4) I make this Declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .

(5) I apply for registration of this notice pursuant to section 36 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .

Description of the Property:

POSTAL ADDRESS: _______________________________________________________________

Situate in TOWN:_________________________TOWNLAND:____________________________

PARISH:________________________ BOROUGH:_____________________________

CITY:__________________________ COUNTY:________________________________

*(USE additional sheet for further PROPERTIES)

Area, where relevant:

DECLARED before me by the said

This the.... day of.................... 20

At..........................

And I know the Declarant

_________________________

Commissioner for Oaths

Note: To be completed in type face or with black pen using block capital letters

Statement under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

5. The Rules of 2008 are amended by the insertion of the following immediately after Rule 17 of those Rules;

17A. Application for registration of a statement under section 28(11)(b) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , shall be made in Form 8A accompanied by a certified copy of the statement and the prescribed fee.

6. The Schedule of Forms to the Rules of 2008 is amended by the insertion of Form 8A set out hereunder immediately after Form 8 in that Schedule.

Form 8A REGISTRY OF DEEDS

Application for registration of a statement under section 28(11)(b) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (Rules 6, 17A)

Note: To be completed in type face or with black pen using block capital letters I AB of apply for registration of the Statement, the particulars of which are set out

hereunder. I certify that the particulars are in accordance with the Statement.

Signed:......................................... Name of lodging party:....................................

Solr Ref:..................................... Address of lodging party:.............................................................................................

Name of document: Statement

For official use only: Office Code

Date of Statement

Party Name(s) Forename Surname

(Use additional sheet for further PARTIES if necessary)

Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE STATEMENT SHOULD NOT BE PROVIDED HEREUNDER)

ADDRESS (AS IN STATEMENT):..........................................................................

Area (if included in the statement) Map co-ordinates (if included in the statement) Geo Directory address (if included in the statement) *(USE additional sheet for further PROPERTIES if necessary)

For Official Use Only REGISTRATION made BY:...........................DATE:............................................... SERIAL NUMBER.......................................................................................................

Cancellation of Property Adjustment Orders

7. The Rules of 2009 are amended by the substitution of the following for Rule 3 of those Rules;

3. An application for cancellation of a Property Adjustment Order pursuant to section 9 of the Family Law Act 1995 or section 14 of the Family Law (Divorce) Act 1996 or section 131 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 may be made in Form 13, 14 or 15 in the Schedule of Forms hereto.

8. The Schedule of Forms to the Rules of 2009 is amended by the substitution of the Form 14 hereinafter set out for the form 14 in that Schedule.

Form 14

Registry of Deeds

Book Page Number or Serial Number

I, CD

hereby make oath and say as follows:

1. There is registered in the Registry of Deeds, under the above Book, Page and Number or Serial Number a property adjustment order pursuant to section 9 of the Family Law Act 1995 (or section 14 of the Family Law (Divorce) Act 1996 ) (or section 118 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 )

2. I am the beneficiary of the said property adjustment order.

3. The said property adjustment order has been complied with in full insofar as the property (described in the schedule hereto — to be inserted where compliance is in respect of part of the property the subject of the order) the subject of the order is concerned.

4. I apply for the entry of a note of compliance in the register maintained in the Registry of Deeds.

Sworn this the day of 20

at in the county of before me

a Commissioner for Oaths (or other qualified person) and I know the deponent (or I know EF

who certifies his knowledge of the deponent)

9. The Schedule of Forms to the Rules of 2009 is amended by the substitution of Form 15 hereinafter set out for Form 15 in that Schedule.

Form 15

Registry of Deeds

Book Page Number or Serial Number

Whereas there is registered in the Registry of Deeds under the above Book, Page and Number or Serial Number a property adjustment order under section 9 of the Family Law Act 1995 , (or section 14 of the Family Law (Divorce) Act 1996 ) (or section 118 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ) and whereas the said order has been complied with in full insofar as the property (described in the schedule hereto — to be inserted where compliance is in respect of part of the property the subject of the order) the subject of the order is concerned.

Now we, GH and IJ, the parties to the proceedings, hereby consent to, and apply for the entry of a note of compliance in the register maintained in the Registry of Deeds.

Dated this day of 20.

Signed by the said GH

in the presence of

Signed by the said IJ

in the presence of

Schedule

(To contain a description of the property)

Judgment Mortgage

10. Rule 3 of the Rules of 2013 is amended by the substitution of the following for Rule 3 of those Rules:

3. Application for registration of a judgment mortgage pursuant to Section 116 of the Land and Conveyancing Law Reform Act 2009 shall be made in Form 16 as set out in the schedule hereto and shall have endorsed thereon a certificate that the judgment was obtained, signed by the proper officer of the relevant District Court, Circuit Court or, in the case of a Supreme Court or Court of Appeal or High Court judgment, the High Court.

11. The Schedule of Forms to the Rules of 2013 is amended by the substitution of Form 16 hereinafter set out for Form 16 in that Schedule

Form 16

Registry of Deeds

The Supreme Court/Court of Appeal/High Court/Circuit Court/District Court

Note: To be completed in type face or with black pen using block capital letters

1. I, AB, aged 18 and upwards, of.................................................. the creditor within the meaning of Section 115 of the Land and Conveyancing Law Reform Act 2009 make oath and say as follows:—

2. I, AB, (or EF) of....................................... (See Note) did on the day of obtain a judgment in the.......... court against CD of................................................ in the above entitled Action, Matter or Cause.

3. To the best of my knowledge and belief, the said CD, the Defendant, at the date of swearing of the affidavit, has an estate or interest in certain lands the particulars of which are set out below:

Description of the Property:

POSTAL ADDRESS: ___________________________________________

Situate in

TOWN: ____________________TOWNLAND:______________________

PARISH: ___________________BARONY: _________________________

CITY: _____________________COUNTY:__________________________

Area (if known)

Map co-ordinates (if known)

Geo Directory address (if known)

*(USE additional sheet for further PROPERTIES)

4. I apply for registration of the said judgment as a judgment mortgage in the register of deeds.

I certify that judgment was obtained in the above entitled action in the Supreme Court/Court of Appeal/High Court/Circuit Court/District Court

Dated the day of 20.

*Signature

* of the proper officer of the relevant court referred to in Rule 3.

We, the Registration of Deeds and Title Rules Committee, constituted pursuant to the provisions of Section 74 of the Registration of Deeds and Title Act 2006 in exercise of the powers conferred on us by Section 48 of the Registration of Deeds and Title Act 2006 , with the agreement of the Minister for Housing, Local Government and Heritage, do hereby make the foregoing Rules.

DATED this 16^th day of December 2021.

ALEXANDER OWENS, Judge of the High Court

JOHN T. COLEMAN, Chairman of the Property Registration Authority

LIZ POPE, Chief Executive of the Property Registration Authority

JAMES DWYER, Senior Counsel

MAJELLA EGAN, Solicitor

I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by Section 48 of the Registration of Deeds and Title Act 2006 , hereby agree in the making of the foregoing Rules.

GIVEN under my Official Seal,

16 December, 2021.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

These Rules, which come into effect on the 16^th of December 2021, amend the Registration of Deeds Rules 2008 and the Schedule of Forms in those Rules to provide for the registration of notices and statements under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .

The Registration of Deeds Rules 2009 and the Schedule of Forms in those Rules are amended to include provision for the registration of the cancellation of property adjustment orders made under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .

The Registration of Deeds Rules 2013, relating to the registration of judgment mortgages pursuant to Section 116 of the Land and Conveyancing Law Reform Act 2009 , are amended to include judgments of the Court of Appeal