S.I. No. 14/1926 - The Land Registry Rules, 1926.


STATUTORY RULES AND ORDERS. 1926. No. 14:

THE LAND REGISTRY RULES, 1926.

HIGH COURT—LAND REGISTRY

LAND ACT, 1923 ,

and

LOCAL REGISTRATION OF TITLE (IRELAND) ACT, 1891.

RULES

Dated the 25th day of February, 1926.

IT IS THIS DAY ORDERED by the Honourable William Evelyn Wylie, one of the Judges of the High Court, that the following Rules shall from and after this date take effect and be in force in the Land Registry.

(a) Exchanges of Holdings.

1 Exchange of original holding for new holding.

1. A transfer by a registered owner, or other person authorised by Section 46 (6) of the Land Act, 1923 , to the Land Commission of a holding (in these Rules called the original holding) in exchange for another holding (in these Rules called the new 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 the same. The transfer of the new holding shall be made by the Land Commission to the person appearing on the Register of the original holding as the owner thereof. The vesting order or other instrument effecting such transfer shall state expressly whether the holding is transferred or vested free from or subject to the Land Purchase Annuity, if any, payable out of the original holding. The transfer of the original holding and the transfer of the new holding, or the particulars prescribed by the Land Commission Rules of the 5th February, 1924, of the vesting thereof, shall be lodged for registration on the same day ; and any transfer of a new holding, or particulars transmitted to the Land Registry of the vesting thereof, shall specify any Land Purchase Annuity to which the holding is subject, and refer to the Folio number of the original holding.

2 Registration of owner of new holding.

2. On registration of the Land Commission as owner of the original holding free from the rights and burdens transferred to the new holding by Section 46 (3) of the Land Act, 1923 , the person to whom the new holding has been transferred, or in whom it has been vested, shall be registered as full or limited owner thereof, according as he was full or limited owner of the original holding. The Registering Authority shall at the same time enter on the Register of the new holding the burdens which then appear from the Register of the original holding and the transfer or particulars transmitted to affect the new holding, which shall be thenceforth subject to the burdens so registered, and to any other burdens which without registration (including those transferred) affect it.

3 Note as to equities.

3. If it appears from the Register that the burdens arising from the interest vested in the purchaser of the original holding under the Land Purchase Acts being deemed to be a graft upon his previous interest in that holding, have not been ascertained, the Registering Authority shall note on the Register of the new holding that the registration is made subject to the rights or equities (if any) arising from the interest vested in the owner then registered being deemed to be a graft upon the previous interest of the purchaser in the original holding, or arising in any manner from the existence of such previous interest. The registered owner may at any time apply to the Registering Authority in the manner prescribed by Order V. of the Land Registry Rules of 1st September, 1910, for the cancellation of such note.

4 Effect of registration if owner of original holding be dead.

4. If the person who was the owner of the original holding be dead at the time of his entry on the Register as owner of the new holding, his registration, if he was a full owner, shall vest the fee simple in the holding in his personal representative ; or, if he was a limited owner, shall vest the fee simple in the holding in the persons entitled to the several estates and interests comprised in the settlement of which he was the limited owner, collectively according to such estates and interests respectively.

5 Notice to owners of burdens.

5. Before completion of the registration of the transfer of the new holding, the Registering Authority shall send to all persons appearing from the Register of the original holding to be owners of burdens to be transferred, notice by post of the proposed transfer of their burdens to the new holding, and the proposed registration thereof ; and in default of any objection thereto within the time specified in the notice, the registration shall be completed.

(b) Registration with Possessory or Qualified Title.

6 Form of application by Land Commission or Board of Works.

6. An application by the Land Commission or the Commissioners of Public Works for registration with a possessory or a qualified title of an owner of land the registration of which is compulsory under the Local Registration of Title (Ireland) Act, 1891, shall be in Form 1 to these Rules annexed.

7 Form of application by a Public Body under Labourers' Acts.

7. An application by a public body for registration as owner with a possessory or a qualified title of land acquired under the Labourers' (Ireland) Acts, shall be in Form 2 to these Rules annexed, and the application and the possession of the land by the applicant shall be certified by the Clerk, Secretary, or Solicitor of the public body.

8 Documents to be lodged with application.

8. An application for registration with a possessory or a qualified title shall be accompanied by an Ordnance Sheet, showing thereon the holding or plot in respect of which the application is made, and, where the application is for registration with a qualified title, by a concise statement of the title and the documents in support of it.

9 Certificate of possession.

9. If an application by the Land Commission or the Commissioners of Public Works be for registration of a person as owner of land with a possessory title, there shall be endorsed thereon a certificate by the Land Commission or the said Commissioners, which shall refer to the evidence of possession on which it is given, and shall certify that the person named therein is in possession of the holding.

10 Burdens which may be entered.

10. On an application by the Land Commission or the Commissioners of Public Works for the registration of a person as owner of land with a possessory or a qualified title, the Registering Authority may enter on the Register of the holding notice of the Land Purchase Annuity to which it is subject, and may also note thereon the existence of such reservations, easements and rights as appear to be burdens from the particulars of the conveyance, vesting order, or fiated agreement transmitted.

11 Effect of registration with possessory title.

11. Where a person whose title is possessory is registered as owner of any land, the Registering Authority shall note on the Register that the ownership registered is possessory, and does not affect or prejudice the enforcement of any estate, right, or interest adverse to, or in derogation of the title of the person whose ownership is registered and subsisting or capable of arising at the date of his registration.

12 Effect of registration with qualified title.

12. Where the title of the person registered as owner has been shown only for a limited period, or subject to certain reservations, the Registering Authority shall note on the Register that the ownership registered does not affect or prejudice the enforcement of any estate, right, or interest arising before the specified date, or under the specified instrument, or otherwise particularly described, adverse to, or in derogation of the title of the person whose ownership is registered and subsisting or capable of arising at the date of his registration.

13 Application to convert possessory or qualified title to full title.

13. An owner registered with a possessory or qualified title, or any person claiming any estate, right, or interest in the land adverse to, or in derogation of the ownership registered, may apply to the Registering Authority to ascertain and enter on the Register the rights and interests affecting the lands, and to cancel the note on the Register as to the possessory or qualified nature of the ownership ; and any alterations in the forms of application annexed to the Land Registry Rules of the 1st September, 1910, necessary for that purpose may be made.

14 Adaptation of Land Registry Rules as to discharge of equities.

14. If the application referred to in the last Rule be made in connection with a holding purchased under the Land Purchase Acts, the provisions of Order V. of the said Rules of 1st September, 1910, for procuring the cancellation of the note as to rights or equities shall apply generally to such application ; the title to the holding shall be shown in accordance with those provisions ; and the scales of fees and costs payable on the cancellation of the note as to equities shall apply to the proceedings.

15 Variation of forms.

15. The forms appended hereto may be adapted or varied when necessary to suit a particular case, and any such form may from time to time be varied or cancelled by the Registrar of Titles, and new forms substituted.

16 Short title of Rules

16. These Rules may be cited as " The Land Registry Rules, 1926."

W. E. WYLIE.

Possessory Title—Application No……………....

LAND REGISTRY—SAORSTÁT ÉIREANN.

APPLICATION

by the Land Commission (or Commissioners of Public Works. under the Land Act, 1923 (Section 58), for First Registration with Possessory (or Qualified) Title of.............................................

Collection No........................

County..........................

Estate of............................................................ .

Record No............

Box No..........

[For Land Commission, etc., use only.]

[For Land Registry use only.]

Application received in C.O......................................…………….........................19..

To Map Branch for checking.........................................………............................19..

To First Registration Branch..............................................………........................19..

Folio drafted ............................................................ ...........................................19..

Registered............................................…………......................  Folio...….........

[OVER

No........….......

LAND ACT, 1923 —SECTION 58.

PARTICULARS

furnished to the Registrar of Titles in the Application of the Land Commission (or Commissioners of Public Works) for First Registration with Possessory (or Qualified) Title of an owner of land subject to compulsory registration.

In the Matter of the Estate of..........................................…. Record No.........

and of

(A.B.)

(name, address and description of owner to be registered).

SCHEDULE I.

Collection No. (and Act)

County

Barony

Townland

Area

Plot No. on Map

Ordnance Sheet No.

Remarks

a.

r.

p.

SCHEDULE II.

Purchase Money

Date of Purchase Agreement

Name of Purchaser in Purchase Agreement

Particulars of Tenancy of purchaser in purchase agreement

Date of Fiat, Vesting Order, or Conveyance

Name of person in whom vested or to whom conveyed

Advance

£

Cash lodged (if any )

£

Present Annuity (state period)

£. s. d.

Date from which present annuity began

Original Fiated Agreement, V.O., Conveyance, or Mortgage held by

SCHEDULE III.

Exceptions from or Reservations out of holding in Fiated Agreement, Vesting Order, or Conveyance.

Easements or Rights to which holding declared to be subject to or free from by Fiated Agreement, Vesting Order, or Conveyance.

SCHEDULE IV.

Does it appear whether original purchaser bought in any fiduciary capacity, or whether person in whom vested or to whom conveyed so took ? If so, give particulars.

If the application be for registration with Qualified Title, what qualification in the registration is applied for ?

To the Registrar of Titles, Land Registry, Dublin.

Dated this   day of    19 .

......................................................

Secretary (or other designated Officer).

[Application to be endorsed with Certificate as to evidence of possession and to person in possession.]

[OVER

Form I (contd.)

Certificate as to evidence of possession and as to person in possession

(as in Rule 9 of the Land Registry Rules, 1926).

IRISH LAND COMMISSION.

CERTIFICATE.

On reading the Certificate of the Head of the Collection Branch [or, the Accountant of the Commissioners of Public Works] whereby it appears that the within mentioned annuity has been paid in the name of       since the     day of       19  , and the Report of       from which it appears that he visited the land within described on the    day of      19 , and ascertained that     of       was in possession of such land, and, so far as he could ascertain, had been in such possession since        ,and claimed to be the owner of such land, and not to be an agent or trustee for any other person (or otherwise as the case may be).

The Irish Land Commission (or Commissioners of Public Works) hereby certify that the said       of      appears to the said Commission (or them) to be in possession of the land within described.

Dated this

day of

19 .

……………………………………

Secretary (or other designated Officer).

Possessory Title—Labourers' Acts.

Application No.......

LAND REGISTRY—SAORSTÁT ÉIREANN.

LAND ACT, 1923 —SECTION 59.

APPLICATION BY THE

............................................................ .........................................................

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Possessory

For First Registration with

Title to land acquired

Qualified

under the Labourers' Acts.

________________________________________________________________________

[For use by Public Body.]

Form received

.......................................................19.......

________________________________________________________________________

[For Land Registry use only.]

Application received

............................................................ ....19....

To Map Branch for checking............................................................ ........19....

To

............................................................ 19....

Folio drafted

............................................................ ..........….............19....

Registered.......................................................

Folio......................

[OVER

Form 2 (contd.)

No...........

LAND ACT, 1923 —SECTION 59.

APPLICATION of the

(Public Body)

for First Registration with Possessory (or Qualified) Title to land acquired under the Labourers' Acts.

In the Matter of the Labourers' (Ireland)

Order.…..

Scheme No.…......

County..............

Date of Arbitrator's Award......................

SCHEDULE.

Townland

Barony

Area

Site No.

O.S. No.

Date on which Applicants obtained possession

If plot part of registered land when acquired give Folio No.

Person in occupation as tenant to Applicant

a.

r.

p.

Name

Particulars of rent paid

SCHEDULE—(continued).

Names and addresses of persons to whom compensation was awarded and amount awarded to each

If registration to be with Qualified Title, state nature of qualification

As Owner

£ s. d.

As Occupier

£ s. d.

As Lessee

£ s. d.

As Mortgagee, etc.

£ s. d.

I CERTIFY that the  (Public Body)  is in possession by its tenants above named of the Plots set out in the foregoing Schedule, and that the particulars therein are correct.

To the Registrar of Titles, Land Registry, Dublin.

Signed, …………...............................

Date……………………………19...