Registration of Title Act, 1964

• Permanent Page URL

Interpretation.

3.—(1) In this Act, save where the context otherwise requires—

“the Act of 1891” means the Registration of Title Act, 1891;

“assignment on sale” has the meaning assigned to it by section 24;

“Bankruptcy Acts” means the Irish Bankrupt and Insolvent Act, 1857, the Bankruptcy (Ireland) Amendment Act, 1872, the Debtors Act (Ireland), 1872 , and the Local Bankruptcy (Ireland) Act, 1888;

“the central office” has the meaning assigned to it by section 7;

“conveyance” has the same meaning as in the Conveyancing Acts;

“conveyance on sale” has the meaning assigned to it by section 24;

“Conveyancing Acts” means the Conveyancing Acts, 1881 to 1911;

“the court” has the meaning assigned to it by section 18;

“disposition” includes transfer and charge;

“drainage charge” includes any charge payable under the Landed Property Improvement (Ireland) Act, 1847, or under the Drainage (Ireland) Act, 1842, and also any charge payable under the Drainage and Improvement of Land (Ireland) Act, 1863, or any provisional Order under the said Act duly confirmed, or under any other Act for the improvement or drainage of lands;

“existing” means existing immediately before the commencement of this Act;

“fee simple” includes estates held under fee farm grants and perpetuity grants;

“former crown rent” has the same meaning as in the State Property Act, 1954;

“freehold land” means land the full ownership of which is an estate in fee simple;

“general rules” means rules under section 126;

“incumbrance” has the same meaning as in the Conveyancing Acts;

“judgment mortgage” means an affidavit of ownership registered under the Judgment Mortgage (Ireland) Act, 1850;

“land” includes—

(a) land of any tenure;

(b) land covered by water;

(c) houses or other buildings or structures whatsoever and parts of any such houses, buildings or structures whether divided vertically, horizontally or otherwise;

(d) mines and minerals, whether held apart from the surface or not;

(e) incorporeal hereditaments;

“land certificate” has the meaning assigned to it by section 28;

“Land Commission” means the Irish Land Commission;

“land improvement charge” includes any charge for land improvement loans payable to the Commissioners of Public Works in Ireland under the Landed Property Improvement (Ireland) Act, 1847;

“Land Purchase Acts” includes the Irish Church Act, 1869 , and the Congested Districts Board (Ireland) Acts;

“Land Registry” has the meaning assigned to it by section 7;

“lease” means any contract of tenancy and includes an agreement for a lease;

“leasehold interest” means an interest in land under a lease for a term of years of which more than twenty-one are unexpired at the date of registration, not being a term for securing money, with or without a covenant for renewal, and includes an interest held at a rent under a lease for a life or lives, or determinable on a life or lives, and where a lease in possession and a reversionary lease to take effect in possession upon the expiry of the first-mentioned lease are so held that the interest under both leases belongs to the same person under the same right, such leases, so far as they relate to land comprised in both leases, shall be deemed to create one continuous term in possession;

“the local office” has the meaning assigned to it by section 7;

“the local registrar” means the county registrar of a county acting by virtue of section 10;

“mortgage” has the same meaning as in the Conveyancing Acts;

“personal representative” means the executor, original or by representation, or the administrator of a deceased person;

“possession” includes the receipt of the rents and profits;

“prescribed” means prescribed by general rules;

“register” means a register maintained under this Act;

“registered land” means land of which an owner is or is deemed to be registered under this Act;

“registering authority” means the Registrar or a local registrar;

“the Registrar” means the Registrar of Titles;

“Registry of Deeds” means the office established by the Registration of Deeds Act, 1707;

“Registry of Judgments” means the office established by the Judgments (Ireland) Act, 1844 ;

“registry map” has the meaning assigned to it by section 84;

“repealed enactments” means the Registration of Title Acts, 1891 and 1942, repealed by this Act;

“right” includes estate, interest, equity and power;

“Settled Land Acts” means the Settled Land Acts, 1882 to 1890;

“settlement”, “settled land”, “tenant for life” and “trustees of the settlement” have respectively the same meanings as in the Settled Land Acts;

“State bond” means a bond entered into with any person acting on behalf of the State, including, without prejudice to the generality of the foregoing, a bond entered into with the Minister for Finance under section 39 of the Finance Act, 1924 , and a Crown bond;

“statutory authority” means—

(a) a Minister of State,

(b) the Land Commission,

(c) the Commissioners of Public Works in Ireland,

(d) any local or public authority, or

(e) any company or other body of persons established by or by direction of any enactment;

“tithe rent charge” includes any annual sum payable to the Land Commission under section 32 of the Irish Church Act, 1869 ;

“unregistered land” means land of which an owner is not registered or deemed to be registered under this Act;

“will” includes codicil.

(2) For the purposes of this Act an estate or interest in remainder or reversion not disposed of by a settlement and reverting to the settlor, or descending to the testator's heir, shall be an estate or interest comprised in the subject of the settlement.

(3) In this Act, references to any enactment shall be construed as references to that enactment as amended or extended by any other enactment, including this Act.

(4) In this Act, a reference by number to a section is to the section of this Act bearing that number unless it is indicated that a reference to some other Act is intended.