S.I. No. 264/1937 - Land Registration Rules, 1937.


STATUTORY RULES AND ORDERS. 1937. No. 264.

LAND REGISTRATION RULES, 1937.

The Local Registration of Title Rules Committee in exercise of its power in Section 94 (1) of the Local Registration of Title (Ireland) Act, 1891, as amended by Section 73 of the Courts of Justice Act, 1936 , and of every other power in this behalf, with the concurrence of the Minister for Justice, hereby makes the Rules annexed hereto as the general Rules for carrying into effect the object of said Act.

Dated the 12th day of October, 1937.

CÓNCUBÁR A. MAGUIDÍR,

President of the High Court.

I. J. KELLY.

HENRY P. MAYNE.

W. E. GLOVER.

CONTENTS

Subject Matter

Rule

PRELIMINARY

Date of Rules

1

Interpretation

2

When Registry open to public

3

PART I

THE REGISTERS AND THE REGISTRY OFFICES

Form and contents of registers

4

Authentication, contents, and cancellations of entries

5

Adjoining properties of an owner in two or more Counties

6

Revision of Folios of registers

7

Cancellation of determined entries

Correction of clerical errors

9

Revision of descriptions of property

10

Indexes

11

Closing registers

12

The Central Office to be the Office for registration

13

'The Local Office and the duties there

14

PART II

FIRST REGISTRATION ; CANCELLATION OF NOTICES OF EQUITIES, AND OF POSSESSORY OR QUALIFIED TITLES ; AND OTHER REGISTRATIONS INVOLVING EXAMINATIONS OF THE TITLE OF PERSONS TO UNREGISTERED INTERESTS IN REGISTERED PROPERTY.

Applications for First Registration

Form of application for first registration

15

Documents to accompany application for registration of ownership of freehold property

16

Documents to accompany application for registration in register of Leaseholders and subsidiary interests other than incorporeal hereditaments.

17

Length of title

18

Examination of title

19

Application by Local Authority or State when value of property does not exceed £100.

20

Application ofLand Commission or Board of Works for a registration with possessory title.

21

Application by Local Authority under statutory powers for first registration of a purchaser.

22

Notice by the Land Commission under Section 23 (1) (b).

23

Notice by the Land Commission under Section 23 (1) (a).

24

Transfer to registers of recorded property

25

Registration of recorded property

26

Entry of easement or profit á prendre as part of description of property registered.

27

The notice of equities

28

Notice of statutory restrictions

29

Entries relative to mines and minerals

30

Memorial for Registry of Deeds

31

Cautions against first registration

Form of caution and of affidavit in support of it

32

Form of notice on cautioner

33

Applications for cancellation of a notice of equities or of possessory or qualified title entered in a register.

Application when ownership registered for 30 years

34

Application when ownership registered 12 years under transfer for value.

35

Application when land acquired by Local Authority or State and purchase money does not exceed £100.

36

Other applications for cancellation of a notice of equities

37

Examination of title to interests protected by a notice of equities

38

Notices of application to be given

39

Cancellation of notices of possessory title

40

Cancellation of notice of qualified title

41

How burdens ascertained entered on cancellation of notice.

42

How register made conformable with titles ascertained

43

When Land Certificates may be issued in substitution for deed deposited as a lien.

44

Other Examinations of Title

Other investigations of title outside register

45

General provisions relative to First Registration and applications requiring an examination of title of unregistered interests.

Form of affidavit of discovery

46

Registration of tenants in common

47

Registration of trustee owner

48

Notices to be given of proposed registration

49

Date of registration

50

PART III

DEALINGS WITH REGISTERED PROPERTY

General

Form of instruments

51

Evidence of execution of instruments

52

Evidence of execution of instruments by an attorney

53

Identification of part of registered property transferred

54

Application by solicitor for registration of dealing, how made

55

Presentation of dealing for registration

56

Dealing may be received for registration if undertaking for payment of Registry fee given.

57

Priority of dealings received for registration

58

Notice in register of pending registration

59

Forgery notice

60

Date of registration

61

Registrar may refuse registration or may require amendment of instrument or application in certain cases.

62

Amendment of instrument and priority of amended instrument

63

Adjudication of sufficiency of stamp on instrument

64

Registration under instrument by person entitled to be registered

65

Registration of a tenant in common

66

Registration of a trustee owner

67

Transfers

Forms of transfer

68

Transfer of part of holding subject to restrictions and Land

69

Purchase Acts.

Duty of transferee who is a trustee

70

Registration under a transfer by owner in execution of order of court.

71

Effect of covenant to pay rent or indemnify may be noted in register.

72

Registration of purchaser from personal representative of owner discharged from judgment mortgage of beneficiary.

73

Registration under a settlement

74

Registration under grant reserving rent

75

Registration of companies

76

Defeasance of ownership by statute

77

Registration under transfer overriding estate of registered owner

78

Notice of application for registration under transfer overriding estate of owner.

79

Cancellation of burdens on transfer overreaching the estate of the owner.

80

Notice to be given of cancellation of burdens on transfer overreaching owner's estate.

81

Registration of assignees of bankrupt or insolvent owner and reregistration of owner.

82

Registration of the Land Commission on a defeasance by subdivision or letting.

83

Registration of transferee of a Local Authority under Section 6 of the Small Dwellings Acquisition Act.

84

Registration of Local Authority under Section 5 of Small

85

Dwellings Acquisition Act.

Registration of ownership of State property and of dispositions thereof.

86

Registration of dispositions of recorded property

87

Transmission on death of an owner of property that vests in his personal representative

Registration of personal representative for purposes of administration.

88

Assent by personal representative to a devise, and application of devisee for registration.

89

Transfer by personal representative to devisee or successor.

90

Application for registration by a person, other than the personal representative, beneficially entitled to an intestate's property.

91

Application for registration by personal representative beneficially entitled to an intestate's property, or for cancellation of inhibition entered under Rule 88.

92

Powers of Registrar on a registration on transmission on death

93

Application for registration on death of registered owner of a charge or other burden that vests in the personal representative.

94

Transmission on death of a full owner of freehold property that does not vest in his personal representative

Application by a devisee of freeholds for registration. .

95

Application by heir or widow of intestate freeholder for registration

96

Other Transmissions

Application for registration by successor of limited owner.

97

Application for registration by survivors or survivor of joint tenants.

98

Burdens Generally

Additional burdens that may be registered

99

The assent to registration of burdens that is to be given by persons other than the owner.

100

How assent to registration of a burden is to be given

101

How burden may be entered

102

Owner of burden not entitled to custody of certificate of title of owner of the property.

103

Note in register when statutory priority for burden claimed.

104

Note in register on registration of charge actually raised under a settlement.

105

Note in register on registration of voluntary burden when a certificate of title has been issued.

106

Evidence on which a burden may be cancelled or modified.

107

When burden may be cancelled as extinguished

108

Charges

Forms of charge

109

Registration of charge created by a company

110

Subcharges

111

Meaning of future advances in register, and the registration of a charge for.

112

Dealing with mortgage created prior to first registration, when registered.

113

Judgment Mortgages

Registration of affidavit of judgment as judgment mortgage.

114

Evidence on entry of notice of deposit of affidavit of judgment

115

Notice of deposit of the affidavit to be given

116

Application to cancel notice of deposit of an affidavit on grounds of invalidity of judgment mortgage. . . .

117

Cancellation of notice of deposit of affidavit of judgment validly registered.

118

Other Burdens

Lease

119

Rent charge

120

Power to charge and trust to raise money

121

Lien for unpaid purchase money

122

Order or other process of court

123

Lis pendens

124

Recognizance bonds and judgments

125

Easement or profit á prendre

126

Cautions and inhibitions against registration of dispositions

Form of caution and of affidavit in support

127

Warning notice to cautioner

128

Application by registered owner for discharge of caution.

129

Proceedings on appearance by cautioner to a warning notice.

130

Withdrawal of a caution, or consent of a cautioner to a dealing

131

Lapse of caution

132

Form of inhibition

133

Entry of inhibition on consent of owner

134

Application for inhibitions where there is no consent

135

Proceedings on application for inhibition

136

Procedure on objection to inhibition

137

Modification or discharge of registered inhibition

138

Application in anticipation of dealing inhibited without Registrar's approval.

139

Procedure on lodgment of dealing inhibited without notice to specified persons.

140

Inhibition under order of court

141

Other Entries

Notice of filing of petition or arrangement in bankruptcy.

142

Notice of annulment of bankruptcy where notice of petition entered.

143

Entry of notice of burdens that affect without registration.

144

Entry of notice of exemption from burden in Section 47

145

Entry of conclusiveness of a boundary of property

146

Entry of boundary ascertained by Land Judge's conveyance.

147

Entry of boundary by agreement

148

Settlement of boundary on transfer

149

Entry of name of new trustee of a settlement

150

Removal of description of infancy

151

Entry in register on conversion of a registered renewable lease

152

PART IV

MISCELLANEOUS

Land Certificates, Certificates of Charge and other certificates of title

Land Certificate and certificate of charge

153

Form and contents of land certificates and other certificates of title.

154

Form and contents of certificate of charge

155

Form of certificate of charge in certain cases

156

Certain entries not to be made in certificates of title

157

Authentication of entry on certificate of title

158

The date of issue of a certificate of title

159

Production of a certificate of title in registrations. . .

160

Production of certificate of charge on sale, by owner of charge, of property charged.

161

Application for order for production of certificate of title

162

Power to dispense with production of certificate of title in certain cases.

163

On registration of dealing certificate of title to be made conformable with register.

164

Power to issue new certificate in certain cases

165

Deposit in Registry of certificate for specified registrations

166

Certificates of title containing unofficial entries to be cancelled

167

Power to issue new certificate when certificate lost and to dispense with certificate of charge

168

Record to be kept of outstanding certificates

169

Note of issue of certificate to be made in register

170

Authorised statements on certificates

171

The Registry Map

The Registry Map

172

Contents of Registry Map

173

Revision of descriptions in register on revision of Registry Map

174

Infants

Persons who may represent infants

175

Appointment of person to represent infant

176

Persons of unsound mind

Persons who may represent a person of unsound mind

177

Appointment of person to represent a person of unsound mind

178

Deeds and Documents

Lodgment of deeds subject to lien

179

Documents to be retained in Registry and that may be delivered

180

Delivery of documents relating to unregistered property

181

Endorsement of documents delivered

182

Delivery to solicitor for production in court, or taxation purposes

183

Transmission of documents to Circuit Court

184

Application for transmission of document to a Local Registrar

185

Local Registrar custodian of document transmitted

186

Inspection of Documents

Right to inspection of filed documents

187

Persons other than owner, entitled to inspect filed documents

188

Copies of filed documents

189

Inspection in special circumstances

190

Inquiries prior to inspection

191

Searches in the Registers and in the Registry Map

Official searches

192

Solicitor not liable for error in official search

193

Application by telegraph or telephone for search

194

Replies to requisition for search by telephone or telegraph

195

Searches by public

196

Proceedings in the Registry

Proceedings not to abate

197

Evidence in proceedings

198

Affidavits on proceedings

199

Form of notices issued

200

Service of notices

201

Service through the post

202

Procedure on return of notice sent by post

203

Personal service of notice, summons or order

204

How questions determined

205

Summons by Registrar

206

Powers of Registrar

207

Costs of proceedings before Registrar

208

Order for costs, how enforced

209

Decisions of Registrar, how recorded

210

Reference of questions to Court

211

General powers of Registrar

212

Power to treat proceedings as abandoned

213

PART V

The Insurance Fund and Compensation thereout

The Insurance Fund

214

Compensation for errors caused by limitation of period for deducing title.

215

The measure of the indemnity

216

To whom application for compensation made

217

Contents of application

218

Reference of application for report

219

Procedure on reference

220

Report of Registrar

221

Reference of a question to the Court

222

Costs of reference to Court

223

Claimant may be required to value his property as depreciated

224

Valuation of depreciated interest in property

225

Transfer of securities to trustees on payment of charge

226

Valuation of securities

227

Action by Registrar

228

Application of moneys recovered by the trustees

229

Costs of Registrar and Trustees

230

Trustees' right of inspection

231

PART VI

STATUTORY MODIFICATIONS OF THE ACT

Adaptation of the Act to registrations in the register of leaseholders

Leaseholders

232

Adaptation of the Act to registrations in the subsidiary registers of rights

Subsidiary registers in central office only

233

Incorporeal hereditaments of freehold tenure

234

Rights not being incorporeal hereditaments of freehold tenure

235

Adaptation of the Act pursuant to Section 15 of the Small Dwellings Acquisition Act, 1899, and Section 58 of the Land Act, 1923

Possessory and qualified titles

236

Adaptation of the Act pursuant to Section 57 (1) of the Land Act, 1923 , and regulations on the exchange of holdings under Section 46 of that Act

How exchange under the section effected

237

Effect of registration on exchange

238

The notice of equities to be entered

239

Notices to be given

240

PART VII

SOLICITORS' COSTS

Solicitors' Remuneration Order as modified to apply

241

Sales, purchases, and mortgages

242

Leases and Fee Farm Grants

243

Other business

244

Meaning of "value " in schedule of costs

245

Taxation

246

Subject Matter

No. of Form

SCHEDULE OF FORMS

Application for first registration of freehold property

1

Application for first registration of leaseholds

2

Application by a Local Authority or Department of the State for the first registration of the Authority or Minister or Public Officer as owner where the purchase money of or compensation for the property does not exceed £100.

3

Application by the Land Commission, or the Commissioners of Public Works, for first registration with possessory title of a holding purchased under the Purchase of Land (Ir.) Acts.

4

Application by a Local Authority for first registration of a purchaser of property under the Small Dwellings Acquisition Act, 1899, as owner with a possessory title.

5

Memorial for Registry of Deeds of the registration of property in the Land Registry.

6

Caution against first registration

7

Caution against registration of dealings in favour of the Agricultural Credit Corporation on first registration or thereafter.

8

Affidavit of interest in support of caution against first registration, to be endorsed on caution.

9

Notice to cautioner of an application for first registration .

10

Application for the cancellation of a notice of equities in the register of lands registered for 30 years.

11

Application for cancellation of a notice of equities in the register of land registered over 12 years, when the applicant claims under a transfer for valuable consideration registered not less than 12 years prior to the application.

12

Application for the cancellation of a notice of equities in the register, when the title to the tenancy existing prior to first registration has not been investigated by counsel.

13

Application for cancellation of a notice of equities in the register when the title to the tenancy existing prior to first registration has been investigated by counsel on a sale, mortgage, or other disposition for value.

14

Application by a Local Authority or Department of the State for the cancellation of a notice of equities on a certificate of its solicitor when the compensation or purchase money does not exceed £100.

15

Affidavit of discovery

16

Application by solicitor for registration of ownership, burdens, or other entries, under documents presented by him.

17

Undertaking to produce or procure an order for the production of a Land Certificate or other Certificate of Title.

18

Transfer of freehold land by a registered full owner

19

Affidavit of attesting witness

19 a

Transfer of freehold land by a registered full owner, the registered owner of a charge joining to release his charge.

20

Transfer of part of his freehold land by a registered full owner.

21

Voluntary transfer of freehold land by a registered full owner with a power of revocation.

22

Transfer of freehold land on a sale by a registered limited owner in exercise of his power under the Settled Land Acts, the purchase money being paid to the trustees of the settlement.

23

Transfer of freehold land by a registered owner of a charge in exercise of his power of sale.

24

Transfer of freehold land by a registered full owner to two persons as joint tenants.

25

Transfer of freehold land to two persons who are trustees for sale

26

Transfer of freehold land to two persons as tenants in common.

27

Transfer of freehold land by a registered owner creating rights in favour of himself and others.

28

Settlement of freehold land by a registered full owner on the marriage of his child.

29

Transfer by a registered full owner of a leasehold estate in the register of leaseholders.

30

Transfer by a registered full owner of a rent charge in a subsidiary register.

31

Application by the Land Commission to be registered as full owner of land vested in it under Section 65 (1) of the Land Act, 1923 .

32

Application by a Local Authority to be registered as owner of property vested in it under Section 5 of the Small Dwellings Acquisition Act, 1899.

33

Application by the personal representative of a full owner of property that has vested in him as personal representative for registration for the purposes of administration.

34

Assent by a personal representative in whom the property is vested to a devise to another beneficially entitled.

35

Application by a devisee beneficially entitled for registration as full owner of property on the assent of the personal representative.

36

Application by a devisee entitled as tenant for life, or as having the powers of a tenant for life for registration as limited owner on the assent of the personal representative.

37

Application by trustee devisees for registration as full owners of property on the assent of the personal representative.

38

Application by a person entitled as sole devisee for registration as owner of property that is vested in him as personal representative, or, where he is registered a personal representative, for the cancellation of the inhibition entered on his registration, administration having been completed.

39

Transfer of the land of a testate full owner by his personal representative in whom it has vested to a devisee absolutely entitled, or his successor.

40

Transfer of the land of a testate full owner by his personal representative, at the direction of trustee devisees, to a beneficiary who has become absolutely entitled under the trusts of the will.

41

Transfer of the land of an intestate full owner by his personal representative in whom it has vested to the person by law beneficially entitled under the intestacy, or his successor.

42

Application for registration by a person who claims to be beneficially entitled to the property of an intestate owner that has vested in him as the personal representative of the intestate, or where he is registered as personal representative, for the cancellation of the inhibition entered on his registration, administration having been completed.

43

Application for registration by a devisee of a full owner of freehold hereditaments that do not vest in his personal representative.

44

Notice to personal representative of a deceased full owner of an application for registration by a devisee of freehold hereditaments of the owner that do not vest in his personal representative.

45

Application for registration by the heir, or widow, of an intestate full owner of freehold hereditaments that do not vest in his personal representative.

46

Application for registration as owner by the person entitled under a settlement, on the cesser of the estate of the registered limited owner.

47

Assent to the registration of a burden

48

Charge for a principal sum

49

Charge for future advances

50

Charge by a personal representative on land that is vested in him for moneys that he is liable to pay as personal representative.

51

Transfer of charge

52

Requisition for the discharge of a charge by its registered owner

53

Charge by way of Annuity

54

Grant of a perpetual rent charge out of freehold property

55

Entry to be made in register on deposit in the Registry of an affidavit of judgment as a judgment mortgage.

56

Notice of the deposit in the Registry of an affidavit of judgment as a judgment mortgage.

57

Requisition by a judgment creditor for the discharge in the register of an entry of a notice of deposit of an affidavit of judgment as a mortgage.

58

Requisition for the registration of a lis pendens as a burden

59

Entry of lis pendens in the register

60

Entry of recognizance in the register

61

Grant of a right of way by a registered full owner of freehold land for the benefit of other registered land.

62

Requisition for caution against dealings by a registered owner

63

Affidavit in support of caution, to be endorsed on requisition therefor.

64

Notice to owner of entry of caution

65

Warning notice to cautioner of dealing lodged

66

Warning notice to cautioner of an application by the registered owner to discharge caution.

67

Application by cautioner for withdrawal of caution

68

Application to the Registrar for the entry of an inhibition in a register.

69

Forms of inhibition

70

Notice of an application for the entry of an inhibition

71

Application to the Registrar for the discharge or modification of an inhibition on consent.

72

Application to the Registrar for the discharge, or modification of an inhibition when parties do not consent.

73

Notice to the Registrar of presenting of a petition of bankruptcy or of a petition under Section 343 of the Irish Bankrupt and Insolvent Act, 1857.

74

Notice of the annulling of an adjudication of bankruptcy made on a petition of which notice has been entered in a register.

75

Land Certificate

76

Certificate of charge

77

Application for order for production of a land certificate or other certificate of title.

78

Notice to accompany a certificate of title deposited in the Registry for the purpose of a specified registration.

79

Official receipt for a certificate of title deposited in the Registry for a specified registration.

80

Notice of lodgment of deeds in the Registry subject to a lien thereon.

81

Application for the transmission of a filed instrument to a Local Registrar for production in a Circuit Court.

82

Requisition for official search for an ownership registered in a given name.

83

Requisition for official search for the registration of the ownership of a specified parcel of land, or of any leasehold estate or right therein registered in the registers of leaseholders or of subsidiary interests.

84

Certificate of result of an official search for an ownership registered in a given name.

85

Certificate of result of search for the registration of the ownership of specified property.

86

Summons to attend before the Registrar

87

Requisition to close a register pursuant to Section 20 of the Act

88

Memorial for the Registry of Deeds of the closing of the register in respect of property.

89

SCHEDULE OF COSTS.

PRELIMINARY.

1 Date of Rules.

1. (1) These rules shall come into operation on the 1st day of December, 1937, and may be cited as the Land Registration Rules, 1937.

(2) The Orders and Rules dated the 1st September, 1910, and the 18th May, 1920, and all other Orders and Rules made pursuant to Section 94 of the Act, and subsisting immediately prior to these Rules, are rescinded as from the 30th day of November, 1937.

2 Interpretation.

2. (1) In these Rules " The Act " means the Local Registration of Title (Ireland) Act, 1891, as amended by any subsequent Act; " The Registry " means the Land Registry; " Registrar " means the Registrar of Titles ; " Local Registrar " means the Local Registering Authority; "Form " or " Forms " means a Form or the Forms in the schedule of Forms hereto; " Property " includes land, and any leasehold estate, incorporeal hereditament, or other right, in or to land, whose ownership is or can be registered in the registers established by the Act; " certificate of title " means a land certificate, certificate of charge and any certificate of ownership of property issued under the Act or these rules; " Local Authority" includes a County Council, County or other Borough Council, Urban District Council, the Commissioner of any town, and any public body or person established by or in pursuance of any statute to perform any of their functions; and words and expressions defined in the Act have the same meaning as in the Act, where the context so admits.

(2) The Interpretation Act, 1923 , shall apply for the purpose of the interpretation of these Rules as it applies for the purpose of the interpretation of an Act of the Oireachtas, except so far as it may be inconsistent with the Act or these Rules.

3 When Registry open to public.

3. (1) The Registry shall be open to the public daily, except on Sundays, St. Patrick's Day, or the day kept as a holiday in lieu thereof, Good Friday, Easter Eve, Easter Monday, Whit Monday, the first Monday in August, Christmas Day, St. Stephen's Day, or the day kept as a holiday in lieu thereof, and the next following working day, and on any other day on which the Minister for Justice shall authorise it to be closed.

(2) The hours during which the Registry shall be open to the public shall be from 10.30 a.m. to 4 p.m., except on Saturdays. On Saturdays the hours shall be from 10.30 a.m. to 12.30 p.m.

PART I.

THE REGISTERS AND THE REGISTRY OFFICES.

4 Form and contents of registers.

4. (1) The registers shall be kept in Folios. Every Folio shall bear a distinguishing number, and shall be authenticated by the Registry seal being affixed thereto. Every Folio of a register hereafter to be opened shall consist of three parts.

(2) There shall be entered in the first part of a Folio—

(i) A description of the property whose ownership is registered, with a reference to the plan on the Registry map of the land affected.

(ii) Such notes as are authorised by the Act or these Rules relative to—

(a) Easements and rights for the benefit of the property.

(b) The inclusion of mines and minerals in, or their exclusion from the property.

(c) The boundaries of the property.

(d) The exemption of the property from any burden referred to in section 47 of the Act.

(3) There shall be entered in the second part of a Folio—

(i) The name and description of the owner, and his address in Saorstát Eireann for service of notices.

(ii) Such notes as have to be entered relative to—

(a) The extent of the ownership as prescribed by section 28 of the Act.

(b) The devolution of the ownership.

(c) The matters prescribed by sections 64, 71, 74, 76, and 78 of the Act.

(iii) Cautions and inhibitions restricting the registration of dispositions of the property.

(4) There shall be entered in the third part of a Folio—

(i) Such of the burdens whose registration is authorised by section 45 of the Act as affect the property.

(ii) The ownership of a registered charge, when it is not registered in a subsidiary register, and, when the Registrar permits, subcharges on a registered charge and their ownership.

(iii) Notices of the existence of burdens that are or are deemed to be burdens that affect registered property without registration.

(iv) Cautions and inhibitions against registration of dealings with a registered burden whose ownership is not registered in a subsidiary register.

(5) All existing Folios of the registers shall be revised in accordance with the foregoing provisions of this rule whenever it becomes necessary to attach additional sheets thereto, or, at any time that the Registrar considers such revision expedient as being conducive to clearness.

5 Authentication, contents and cancellations, of entries.

5. (1) Entries and cancellations of entries in a Folio of a register shall be authenticated in such manner as the Registrar shall direct.

(2) Every entry shall be clearly expressed and shall state with precision the particular property or interest in the property that it is intended to affect; and no entry shall refer to matters that are not the subject of registration under the Act.

(3) Cancellation of an entry shall be made so that the entry shall remain legible.

6 Adjoining properties of an owner in two or more counties.

6. (1) Where a registered owner of property in a County is the registered owner of adjoining property situate in another County, registration of his ownership of it in either County and of the burdens thereon, may, for the purpose of saving expense and facilitating transactions therewith, be made by reference to its registration in the Folio of the property in the other County.

(2) Where registration by reference is so made, the Folio in which the ownership and burdens are entered, shall contain a description of all the property of which the ownership is registered therein.

7 Revision of folios of registers.

7. (1) On application of or after notice to the registered owner, the Registrar may, when he thinks it practicable or desirable, clear the title to property entered in a Folio of a register by closing it and opening a revised Folio for the property containing the subsisting entries only. He may, in doing so, make any re-arrangement conducive to clearness, including the entry of the property in two or more Folios, or the entry of property on two or more Folios in one Folio, or the altering of the number of a Folio.

(2) The Registrar may order any person in whose custody a certificate of title may be to produce it to him for the purposes of the revision, which shall be deemed to be a dealing with the property that can be effected without the consent of the person having the custody of the certificate, and the provisions of section 81 (3) shall apply to any certificate so produced.

(3) Any person inspecting a revised Folio of a register may inspect the closed Folio or Folios for which it is substituted.

8 Cancellation of determined entries under section 45.

8. (1) The Registrar may, at any time, after such inquiries and notices (if any) as he may consider proper, and upon such evidence as he shall consider satisfactory, withdraw from a Folio of a register, by cancellation thereof, any burden, notice, or entry that, he is satisfied, no longer affects or relates to the property in the Folio.

(2) No fee shall be charged for a cancellation made without application therefor under this rule.

9 Correction of clerical errors.

9. When a clerical error is discovered in a register, the Registrar may, after giving any notices and obtaining any evidence or assent that he may deem proper, make the necessary correction.

10 Revision of descriptions of property.

10. The description of property in the registers shall be revised by the Registrar from time to time, and made conformable with its description on the Registry Map as and when revised.

11 Indexes.

11. (1) There shall be maintained in the Registry an index of names and an index of lands.

(2) The index of names shall contain the name and address of every registered owner of freehold land, a leasehold estate, or a right in a subsidiary register, and a reference to the Folio of the register in which his ownership is entered.

(3) The index of lands shall contain the identification references on the Registry map to every parcel of land of which an ownership is registered in they register of owners of freehold land. or on or out of which the ownership of a leasehold estate or an incorporeal hereditament is registered in the register of Leaseholders, or a register of subsidiary interests, and a reference to the Folio of the register in which the ownership is entered.

(4) The index of the names of registered owners of rights in the subsidiary registers, and the index of lands, shall not be kept in the Local Offices.

12 Closing registers.

12. (1) A requisition to close the register of an owner of freehold land or of a leasehold estate or a subsidiary interest, shall be made by the registered owner, and shall be accompanied by consents of all persons appearing by the register to have any interest in the property.

(2) The requisition shall be in Form 88.

(3) The memorial of the closing of the register shall be in Form 89. It shall be sealed with the Registry seal, and shall be transmitted to the Registry of Deeds for registration at the beginning of the day on which the register is closed and prior to the registration on that day of a memorial in the Registry of Deeds lodged by any member of the public.

13 The Central Office to be the office for registration.

13. (1) The Central Office shall be the Office for the registration of all property in Saorstát Eireann.

(2) Duplicates of the register of the owners of freehold land, and the register of leaseholders, in a County shall be kept and maintained in the Local Office of the County.

14 The local office and the duties there.

14. (1) There shall be kept in each local office such books, forms, and files, for the transaction of the business of the Office as the Registrar may from time to time direct.

(2) Each local Registrar shall be responsible for:—

(a) The registration in the registers of his Office of the entries therefor transmitted from the Central Office.

(b) The maintenance of the registers and indexes of his Office.

(c) The safe custody of the registers and other records of his Office, the inspection and delivery of copies thereof, where such inspection or delivery is authorised by these rules, and the assessment and collection of the prescribed Registry fee stamp for an inspection made or copy delivered and for the fees so collected.

(d) The receipt in accordance with these rules of documents that may be received in his office for the purposes of a registration, the assessment and receipt of the Registry fee stamp for the transaction for which the document is presented, and the transmission to the Central Office within the prescribed time of the documents and fee stamp so received.

PART II.

FIRST REGISTRATION : CANCELLATION OF NOTICES OF EQUITIES, AND OF POSSESSORY OR QUALIFIED TITLES ; AND OTHER REGISTRATIONS INVOLVING EXAMINATIONS OF THE TITLE OF PERSONS TO UNREGISTERED INTERESTS IN REGISTERED PROPERTY.

Applications for First Registration.

15 Form of application for first registration.

15. Every application for first registration of ownership under the Act, except an application by the Land Commission, the Commissioners of Public Works, a Local Authority, or Department of State, under rule 20, 21, 22, or 24, shall be by written application to the effect of Form 1, or 2, as the case may require.

16 Documents to accompany application for registration of ownership of freehold property.

16. (1) An application for registration of the ownership of freehold property to which rule 20, 21, 22, or 24 do not apply shall, unless the Registrar otherwise directs, be accompanied by :—

(i) A concise statement of the title giving in chronological order a summary of the documents, and the events and facts on which the applicant's claim to the property is based.

(ii) All original deeds, and all documents in applicant's possession, or under his control relating to the property, including opinions of counsel, abstracts of title, contracts for and conditions of sale, searches, requisitions, and replies, and other like documents, and the evidence by affidavit, statutory declaration, or otherwise, proving the facts stated and necessary to be proved to establish the title.

(iii) A plan of the property drawn on a section of a revised ordnance sheet, unless there is a plan thereof on some muniment of title sufficient to identify it on the Registry map.

(iv) A schedule in duplicate of all documents lodged with the application.

(2) If the applicant, where authorised by these rules, relies on the opinion of counsel in support of his title, the statement of title required by this rule need not be lodged.

17 Documents to accompany application for registration in register of leaseholders and subsidiary interests other than incorporeal hereditaments.

17. An application for registration of a leaseholder in the register of leaseholders or of the owner of a right, other than an incorporeal hereditament of freehold tenure, in the register of subsidiary interests to which rules 20, 21, or 22 do not apply shall, unless the Registrar otherwise directs, be accompanied by the following documents :—

(i) Where the application is by or on behalf of the original lessee or his personal representative or the original grantee of a right who does not require a note of the validity of the lease or grant to be entered in the register, the lease or grant and a plan of the land subject thereto sufficient to identify it on the Registry Map.

(ii) Where the applicant is not the original lessee or the original grantee of a right, the documents specified in rule 16 (1), except that, where the land subject to the lease or right is registered land on which the lease or right is registered as a burden, a plan need not be lodged.

18 Length of title.

18. When the market value of the property the subject of the application is shown to the satisfaction of the Registrar not to exceed £300, the title to be shown by the applicant may commence with a disposition thereof 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. In other cases the title of the applicant may commence with a like disposition made not less than 30 years prior to the date of the application.

19 Examination of title.

19. (1) The Registrar, on the request and at the expense of an applicant, may, in his discretion, refer the examination of the title to a conveyancing counsel, and he may act on the opinion of such counsel and dispense with an official examination of the title.

(2) Where the title of an applicant has been examined for a period not less than that prescribed by the foregoing rule—

(i) by the conveyancing counsel of a Court on a sale or purchase of the property under an order of the Court, or

(ii) by a practising barrister of not less than 6 years' standing on a sale of mortgage of the property,

the Registrar may dispense with or modify the official examination of the title as the circumstances of the case may require, and may act on the opinion of the counsel.

(3) Subject to the foregoing, every title to property the subject of an application under rule 15 shall be examined by or under the supervision of the Registrar, who shall direct such searches, advertisements, notices and inquiries, as he may deem necessary; and he may accept a title that is in his opinion a good holding title, subject to the payment to the Insurance Fund of such additional fee (if any) as he may fix, or may extend the examination in such manner as the circumstances of the case may require; but no evidence of title shall be called for that could not be required on a sale of the property under an open contract.

20 Application by State or local authority or when value of property does not exceed £100.

20. (1) Where property is acquired by a Department of State or a Local Authority, and the purchase money or compensation paid therefor does not exceed £100, the Registrar may dispense with an official examination of the title and may register, the Minister of the Department, or public officer or body having the management of the property, or the Local Authority, on a certificate of title by the solicitor for the Department or Authority.

(2) The application for first registration shall be in Form 3. It shall be signed by the solicitor for the Department or Authority and shall be accompanied by a plan of the property drawn on a revised ordnance sheet.

21 Application of Land Commission or Board of Works for a registration with possessory title.

21. (1) An application by the Land Commission or the Commissioners of Public Works for the first registration of a person as owner with a " possessory " title to land purchased under the Purchase of Land (Ireland) Acts before the 1st January, 1892, shall be in Form 4, and shall be accompanied by a plan of the land drawn on a revised ordnance sheet.

(2) A certificate by the solicitor of the applicants shall be endorsed on the application, which shall certify that the person whose registration is applied for is in possession of the land the subject of the application.

(3) Where the land appears from the register to be registered land registration of the applicant shall not be completed until notice is sent to the registered owner and his objection (if any) has been dealt with in accordance with these rules.

22 Applications by local authority under statutory powers for first registration of a purchaser.

22. (1) An application by a Local Authority for the first registration of a purchaser under the Labourers Act, 1936 , shall be made by lodging in the Registry the documents prescribed by section 19 (2) of that Act.

(2) An application by a Local Authority for the first registration of a person as owner with a " possessory " title to property acquired under the Small Dwellings Acquisition Act, 1899, shall be in Form 5. A certificate by the solicitor of the applicant shall be contained in or endorsed on the application, which shall certify that the person whose registration is applied for is in possession of the property the subject of the application. The application shall be accompanied by a plan of the property drawn on a section of a revised ordnance sheet.

(3) Where the property appears from the registers to be registered property registration shall not be completed until notice is sent to the registered owner and his objection, if any, has been dealt with in accordance with these rules.

23 Notice by the Land Commission under sect. 23 (1) (a).

23. Notice by the Land Commission to a purchaser under the Purchase of Land (Ireland) Acts prior to the 1st January, 1892, requiring him to register his ownership shall be in writing, and shall be sent by post to the payer of the annuity payable for the holding. It shall require the owner to apply for registration within 30 days from the date thereof.

24 Notice by the Land Commission under sect. 23 (1) (b).

24. The notice to be transmitted by the Land Commission to the Registrar of a sale to a purchaser under the Purchase of Land (Ireland) Acts in order that he may be registered as owner shall be in the form of the vesting order, conveyance, or other instrument under or by virtue of which the land is vested in the purchaser, and may be an official copy of such instrument. The notice shall be accompanied by a plan of the land drawn on a revised ordnance sheet.

25 Transfer to registers of recorded property.

25. (1) The title to property recorded under the Record of Title (Ir.) Act, 1865, shall be transferred to the registers established by the Act at such times as the Registrar may direct.

(2) The Registrar may postpone the entry of any recorded property in a register under the Act until an application is about to be made for registration under a disposition thereof.

(3) On the entry of the ownership of recorded property in a register under the Act, the record thereof under the Act of 1865 shall be closed, and a reference made thereon to the Folio of the register to which the property has been transferred.

26 Registration of recorded property.

26. On the transfer of recorded property to a register under the Act—

(i) All charges, incumbrances, leases, and other rights, on the record that are burdens within the meaning of section 45 of the Act shall be entered as burdens in the register in their priority as recorded.

(ii) Notice of the existence of any of the burdens specified in section 47 of the Act that are on the record shall be entered in the register.

(iii) The person appearing on the record as entitled to the property shall be entered in the register as full or limited owner according to his estate therein as shown by the record.

27 Entry of easement or profit á prendre as part of description of property registered.

27. An easement or profit á prendre expressly granted with property as appurtenant thereto by a Land Judge's conveyance or a Land Commission vesting order may, on first registration of the ownership of the property, be entered in the register as part of the description of the property, and may be described in the register by reference to the conveyance or order.

28 The notice of equities.

28. (1) Where, on first registration of land purchased under the Purchase of Land (Ireland) Acts, the Registrar dispenses with the ascertainment of the burdens arising from the interest vested in the purchaser under those Acts being a graft on his previous interest, he shall enter notice (in these rules called notice of equities) in the register that the ownership registered is subject to the equities arising from the estate vested in that purchaser by the specified conveyance, fiat, or vesting order, being deemed a graft upon his previous interest therein.

(2) Where the land is a holding that has been acquired in exchange for a holding subject to a notice of equities, and the equities protected by the notice that affected the holding given in exchange are transferred under any provision of a Purchase of Land (Ireland) Act to the acquired holding, the notice of equities entered in the register of the acquired holding shall be modified in such manner as the Registrar may deem expedient for the protection of the equities transferred.

29 Notice of statutory restrictions.

29. Where, on an application for the first registration of the ownership of property, it appears that the property is subject to restrictive or prohibitive provisions against alienation, assignment, sub-division, or letting, under any Act, notice shall be entered in the register of the fact that the property is subject to the restrictive or prohibitive provisions of the specified Act.

30 Entries relative to mines and minerals.

30. (1) If, on an application for first registration of the ownership of property, it appears from any document, or otherwise, that all or any of the mines and minerals are severed from the property, a note shall be entered in the register to the effect that the registration does not extend to the mines and minerals, or to such of them as are so severed.

(2) If, on an application for the first registration of the ownership of property, or at any time after such registration, it is proved to the satisfaction of the Registrar that the right to all or any of the mines or minerals is vested in the applicant, or in the registered owner, he may extend the registration to such mines and minerals by adding to the description of the property in the register a note to the effect that the mines and minerals, or specified mines and minerals, are included in the registration; and they shall thenceforth form part of the property described in the register of which the ownership is registered.

31 Memorial for Registry of Deeds.

31. Except as in the Land Acts otherwise provided, the memorial for the Registry of Deeds of the registration of property under the Act shall be in Form 6, with such modification thereof as the Registrar in special circumstances may allow. It shall be sealed with the Registry seal, and shall be transmitted to the Registrar of Deeds for registration at the beginning of the day on which the property is entered in a register of the Registry, and prior to the registration on that day of a memorial in the Registry of Deeds lodged by any member of the public.

Cautions against first registration.

32 Form of caution and of affidavit in support of it.

32. (1) A caution requiring notice of an application for the first registration of the ownership of property shall be in Form 7, except a caution under section 15 of the Agricultural Credit Act, 1929 .

(2) A caution under section 15 of the Agricultural Credit Act, 1929 , requiring notice of an application for first registration shall be in Form 8.

(3) The affidavit of interest in support of the caution shall be to the effect of Form 9, and shall be made by the cautioner or his solicitor.

(4) A cautioner may at any time by writing signed by himself, or his solicitor, withdraw his caution, or consent to a registration.

33 Form of notice on cautioner.

33. The time to be stated in the notice to be served on a cautioner under section 61 of the Act within which he may appear and oppose an application for first registration shall be 10 days. The notice shall be in Form 10.

Applications for cancellation of a notice of equities or of possessory or qualified title entered in a register.

34 Application when ownership registered for 30 years.

34. When the ownership of property has been registered under the Act for 30 years, the Registrar may cancel a notice of equities appearing in the register of it—

(a) On an application of the registered owner, or of his personal representative, by affidavit to the effect of Form 11.

(b) On any application for registration of the ownership, when he is satisfied from the entries in the register or otherwise that no right, equity, or interest, subsisting or capable of arising at the date of the first registration of ownership, and protected by the notice, subsists at the time of the application.

35 Application when ownership registered 12 years under transfer for value.

35. When the ownership of property has been registered for over 12 years, and the applicant for the cancellation of a notice of equities claims as, through, or under, a registered owner registered not less than 12 years prior to the application on a transfer for valuable consideration made after the first registration, and occupation has been in accordance with the registered title, the Registrar may cancel the notice on an affidavit by the applicant to the effect of Form 12.

36 Application when land acquired by local authority or State and purchase money does not exceed £100.

36. (1) When registered land subject to a notice of equities has been acquired by a Local Authority or a Department of the State and the purchase money or compensation paid on the acquisition does not exceed £100, the Registrar may cancel the notice of equities in the register of the land so acquired on an application by the solicitor for the Authority or Department certifying his investigation of the title prior to first registration and that on such investigation no adverse rights or incumbrances were disclosed.

(2) The application shall be to the effect of Form 15.

37 Other applications for cancellation of a notice of equities

37. (1) Every other application for the cancellation of a notice of equities in a register shall show the title to the tenancy in the property that existed prior to its purchase under the Purchase of Land (Ireland) Acts.

(2) If the tenancy was created more than 20 years prior to the first registration of ownership, the title thereto may commence with a disposition thereof made not less than 20 years prior to the date of the application. If the tenancy was created less than 20 years prior to the first registration, the title shall commence with the creation of the tenancy.

(3) The application shall be made by affidavit to the effect of Form 13 or 14 according as applicant does or does not rely on opinion of counsel.

38 Examination of title to interests protected by notice of equities.

38. (1) The title shall be examined by, or under the supervision of, the Registrar, who may extend the examination in such a manner as the circumstances of the particular case may require; but no evidence of title shall be called for that could not be required on a sale of the property under an open contract.

(2) The Registrar may dispense with, or modify, as he may think fit, the official examination of the title when it has been examined for the prescribed period by a practising barrister of not less than 6 years' standing on the occasion of a disposition for valuable consideration, and his opinion of its validity, with the evidence on which it was based, is lodged with the application.

39 Notices of application to be given.

39. Before the cancellation of a notice of equities consequential on an examination of title the Registrar—

(i) shall give notice of the application to the registered owner, if he is not the applicant or a consenting party to the application;

(ii) shall give notice of the priority of any burden ascertained to have priority to a registered burden to the owner or reputed owner of the registered burden, and of the registration of the ascertained burden proposed;

(iii) may, in his discretion and at the applicant's expense, give notice of the application, or of proposed entries or cancellation of entries consequential on the examination of title, as he may think proper.

40 Cancellation of notice of possessory title.

40. The foregoing rules relating to applications to cancel a notice of equities shall apply to the examination of the title of owners registered with a " possessory " title to property and to the cancellation of the notice in the register of such title; and the Forms shall be applicable with such modifications thereof as the circumstances of the case may require.

41 Cancellation of notice of qualified title.

41. An application to cancel a notice in a register of a " qualified " title shall be made in writing, and shall be accompanied by evidence of the title of the registered owner to the estate or interest excepted in the register from the effect of registration, or by such other evidence as the applicant relies on in proof that the estate or interest so excepted has been extinguished, or has otherwise ceased to affect the property.

42 How burdens ascertained entered on cancellation of notice.

42. On cancellation in a register of a notice thereon of equities or of possessory or qualified title, consequential on an examination of title under these rules—

(i) a burden ascertained to affect the property shall be entered in the register in the same manner as a burden on it created after first registration; but no ownership of the burden shall be registered until the title of the person claiming it has been shown to the satisfaction of the Registrar.

(ii) If the burden is ascertained to have priority to a registered burden, a note of its priority to the registered burden as ascertained shall be made in the register.

43 How register made conformable with titles ascertained.

43. If it appears to the Registrar on an application to cancel a notice of equities or of a possessory or qualified title that a registered burden does not affect the ownership of the property as ascertained, or affects only a limited ownership or estate in remainder therein, he shall give notice to its owner or reputed owner of the facts ascertained and of the entries, and cancellation or amendment of entries, in the register that he proposes to make; and in default of objection, and subject to the determination in accordance with these rules of any objection made, such cancellation or amendment of the entry, or new entry shall be made as may be necessary to make the registered title conformable with the title as ascertained.

44 When Land certificates may be issued in substitution for deed deposited as a lien.

44. If, on an application to cancel a notice of equities or of a possessory or qualified title, it appears that a lien created by deposit of the title deeds to the property prior to its first registration is an equity affecting it, and no burden created after the deposit is registered, the Land Certificate or Certificate of title of the property may, with the consent of the registered owner and the depositee, be issued to the depositee in substitution for the title deeds as the evidence of his lien by way of equitable mortgage on the property.

Other examinations of title.

45 Other investigations of title outside register.

45. An application to examine the title of—

(i) the lessor of a registered leasehold estate, or the grantor of a registered incorporeal hereditament of freehold tenure, for the purpose of having a note entered in the register of the validity of the title of the lessor or grantor,

(ii) the grantor of a fee farm grant or grant in perpetuity made under the provisions of any Act in conversion of a registered leasehold estate for the purpose of having the land transferred from the register of leaseholders to the register of freeholders,

(iii) any person to a mortgage registered as a burden whose ownership is not registered for the purpose of having it withdrawn from the register, or of having its owner registered,

shall be made by written application to the effect of Form 1 or 2 with such modifications as may be requisite and the provisions of Rules 16 to 19 inclusive shall apply thereto, except that a plan need not be lodged with the application.

General provisions relative to first registration and applications requiring an examination of title of unregistered interests.

46 Form of affidavit of discovery.

46. An affidavit of discovery made pursuant to section 66 of the Act shall be to the effect of Form 16. Unless the Registrar permits otherwise, the affidavit shall be made by the applicant. If made by any person other than the applicant, the deponent shall state his means of knowledge.

47 Registration of tenants in common.

47. Where it appears to the Registrar from an examination of title that two or more persons are entitled as tenants in common, he shall ascertain and enter in the register the share of each person in the property.

48 Registration of trustee owner.

48. If it appears from an examination of title that the applicant for registration as owner, or the registered owner, as the case may be, is an express trustee, there shall be entered in the registrar on the completion of the registration applied for, such inhibition as the Registrar may deem expedient to restrict registrations under dispositions by the owner that are unauthorised by the trust.

49 Notices to be given of proposed registration.

49. Unless the Registrar in special circumstances otherwise directs no registration consequential on an examination of title shall be completed until the applicant, and such other persons as the Registrar may direct, have been notified of the registration proposed.

50 Date of registration.

50. Every registration, or entry, in a register consequential on an examination of title of unregistered interests shall be made as of the day on which the draft Folio for the register, or the draft entry for a Folio is finally settled in the Registry.

PART III.

DEALINGS WITH REGISTERED PROPERTY.

General.

51 Form of instruments.

51. The forms of transfer, charge, and other dispositions prescribed by these rules may be used on all transactions to which they refer, or are capable of being applied or adapted, with such alterations and additions as the transaction may require. No registration shall be made under an instrument that is not in a prescribed form, unless it is in a form that would be effectual to convey or create the legal estate or interest sought to be transferred or created if the property to which it relates was unregistered.

52 Evidence of execution of instruments.

52. The execution of every application, except an application by a solicitor, and of every instrument shall be attested by a witness. The execution of an application or an instrument by a blind or illiterate person shall be verified by affidavit of an attesting witness. The execution of an application or an instrument by other persons shall be verified by affidavit of an attesting witness whenever the Registrar so requires.

53 Evidence of execution of instruments by an attorney.

53. (1) If an application or instrument is executed by attorney, the power of attorney, or an office copy thereof, shall be produced to the Registrar; and, in cases not within sections 8 and 9 of the Conveyancing Act, 1882, evidence shall also be given that the principal was alive at the time of the execution of the instrument, and that the power was then unrevoked.

(2) The original power of attorney, or an office copy of the original filed in the central office of the High Court, shall be filed in the Registry.

54 Identification of part of registered property transferred.

54. An instrument dealing with part of the property in a Folio of the register shall be accompanied by a plan drawn on a section of an ordnance sheet accompanying the instrument and referred to therein, or on a section of an ordnance sheet signed by the grantor, and by the grantee or his solicitor, showing the part dealt with, unless such part is clearly defined on the Registry map and can be identified thereon from the description in the instrument.

55 Application by solicitor for registration of dealing how made.

55. (1) Every application or instrument for registration sent to or delivered at the Registry by a solicitor shall be accompanied by a statement signed by him giving—

(i) The names of all the parties to the transaction for whom he acts as solicitor.

(ii) The documents sent.

(iii) The ownership, or other entries, for the registration of which he applies.

(iv) The name of the person who had the custody of a land certificate, certificate of charge, or other certificate of title lodged for the purposes of the registration (if any), and the name of his solicitor, if it is to be reissued to his solicitor.

(2) The statement may be in Form 17.

56 Presentation of dealing for registration.

56. (1) Applications and instruments may be sent to or delivered at the central office, or the local office of the county in which the property is situated. An application or instrument sent to or delivered at a local office shall be transmitted by the local Registrar to the central office by post on the day of its receipt.

(2) Except as herein provided, an application or instrument, with the proper Revenue stamp impressed thereon, and accompanied by the Registry fee stamp for the registration applied for, or the undertaking for payment thereof prescribed by rule 57, may be received for registration.

(3) If the production of a land certificate, certificate of charge, or other certificate of title (other than a certificate in the custody of the Land Commission) is required under these rules for the purposes of a registration, the instrument or application shall not be received unless the certificate is produced therewith, or an undertaking is given in Form 18 to procure its production. If the certificate is not produced, or an order for its production obtained, within the time specified in the undertaking, the receipt of the instrument or application for registration shall be cancelled and the proceedings thereunder shall be treated as abandoned.

57 Dealing may be received for registration if undertaking for payment of Registry fee given.

57. (1) An application or instrument unaccompanied by the Registry fee stamp for the registration applied for may be received for registration, if accompanied by an undertaking in writing by a solicitor to pay the registration fee when assessed.

(2) The prescribed postage fee shall be chargeable and payable as part of the registration fee in all cases in which the Registry fee for the registration applied for does not accompany the application or instrument.

(3) No registration shall be made under an application or instrument sent or delivered without the registration fee until the fee as assessed is paid. If it is not paid within 3 days after notice of the assessment is given, no registration shall be made, and the receipt of the application or instrument for registration shall be cancelled.

58 Priority of dealings received for registration.

58. (1) Applications and instruments shall rank for priority of registration in the order in which they are received in the central office.

(2) Applications and instruments affecting the same property received from a local office on any day by the same post shall rank for the purposes of priority in the order in which they have been received by the Local Registrar at the Local Office; subject thereto all applications and instruments received through the post on any day prior to the opening of the central office to the public on that day shall be deemed to be delivered at the same time and immediately before the opening of the office to the public on that day; and all applications and instruments received through the post after the opening of the office to the public shall be deemed to be delivered at the same time and immediately before the closing of the office to the public on that day.

(3) Two or more applications or instruments relating to the same property delivered at the same time by the same person shall rank for the purposes of priority in the order directed by the person delivering them, and, in the absence of direction, in such order as may be inferred from the applications and instruments.

59 Notice in register of pending registration.

59. Notice of every application or instrument received for registration shall, pending registration, be entered in or attached to the Folio of the register to which it relates in such manner as the Registrar may direct.

60 Forgery notice.

60. Notice of the receipt of an application or instrument for registration shall be sent from the Registry to the registered owner by whom it purports to be executed, and if within the time prescribed in the notice the owner to whom it is sent does not notify the Registrar that the application or instrument was not executed by him, registration may be completed.

61 Date of registration.

61. Except as in rule 50 otherwise provided, registration shall be completed as of the day on which the instrument or application is received for registration.

62 Registrar may refuse registration or may require amendment of instrument or application in certain cases.

62. (1) Where it appears to the Registrar that an application or instrument is not expressed so as to indicate with sufficient precision the property or part of the property in the register to which it relates, or the ownership, burden, or notice, to be entered in the register therefrom, or that the instrument or other document, or the execution thereof, is defective, or that an assent, declaration, or affidavit, presented with it does not disclose the facts required by these rules to be stated on the registration applied for, he may refuse to make any registration thereunder either absolutely or except with such modifications as he shall approve. If he is of opinion that the registration can be effected on the defect or omission being corrected, he may notify the applicant, and may require him to rectify it by amendment and re-execution of the instrument, or by lodgment of a supplemental application, assent, affidavit, or instrument, as the case may be, within a time, not less than 21 days, to be stated in the notice.

(2) If an applicant does not comply with a notice sent under this rule within the time stated therein, the Registrar may treat the application for registration as abandoned, and thereupon its receipt for the purposes of the registration applied for shall be cancelled, and the documents lodged by the applicant shall be redelivered to him.

63 Amendment of instrument and priority of amended instrument.

63. (1) If any alteration is required in an instrument after it has been received for registration, it may, if the Registrar permits, be withdrawn from the Registry for the purpose of alteration and re-execution before any entry under it has been made in a register.

(2) The re-execution shall be by all persons whose interests appear to be affected, whether it was originally executed by them or not.

(3) On redelivery at the Registry, the instrument shall be entered for the purposes of the registration applied for as of the date and priority of the redelivery.

64 Adjudication of sufficiency of stamp on instrument.

64. (1) If a question arises whether an instrument bears the proper Revenue stamp, and the solicitor for the applicant gives a written undertaking that he will, within a time fixed by the Registrar, furnish evidence that the deed is sufficiently stamped, entry of the instrument for registration may be made or continued.

(2) If the written undertaking has not been complied with within the time fixed, the entry of the instrument for the purposes of the registration applied for shall be cancelled.

65 Registration under instrument by person entitled to be registered.

65. Except in the case prescribed by section 84 (3) of the Act, no registration shall be made under an instrument executed by a person who claims to be entitled as owner until he is registered as owner, or his right to be so registered has been shown to the satisfaction of the Registrar, and the Registry fee chargeable on his registration has been paid.

66 Registration of a tenant in common.

66. An application for registration as owner by a person claiming as tenant in common of an undivided share in property shall state the share to which he is entitled, when the share does not appear from the instrument lodged. The entry in the register shall be that the applicant is full owner, or limited owner, as the case may be, of a specified undivided share of the property.

67 Registration of a trustee owner.

67. (1) Where it appears from an application or instrument that the applicant for registration is an express trustee, no entry of his ownership shall be made until such inhibition is applied for or consented to by the applicant as shall, in the opinion of the Registrar, be expedient for the restriction of any disposition of the property that would defeat or prejudice the trust.

(2) Where an application is made for registration under an instrument that creates a right capable of being registered as a burden, and the person authorised by the Act or these rules omits or refuses to assent to its registration, the Registrar may, if he thinks fit, enter in the Register, an inhibition against any dealing by the applicant that would defeat or postpone the right without notice to the person appearing from the instrument to be entitled to it.

Transfers.

68 Forms of transfer.

68. A transfer may be made by an instrument in one of the forms of transfer in the schedule of Forms.

69 Transfer of part of holding subject to restrictions and Land Purchase Acts.

69. A transfer of part of a holding subject to a statutory restriction against subdivision in a Purchase of Land (Ireland) Act shall, when presented for registration, be accompanied by the consent of the Land Commission to the subdivision created by the transfer, and the map (if any) referred to in the consent.

70 Duty of transferee who is a trustee.

70. Where a transfer is made to a transferee who is an express trustee of the property transferred, it shall be the duty of the transferee on registration to apply for the entry in the register of an inhibition appropriate for restricting dispositions of the property unauthorised by the trust on which he holds.

71 Registration under a transfer by owner in execution of order of court.

71. (1) A transfer by a registered owner, or his personal representative, in execution of a decree, judgment, or order of a court, shall be accompanied by an office copy of the order of the court directing cancellation of such (if any) of the burdens and notices of burdens in the register as the property is to be discharged from on the registration of the transferee.

(2) In default of such an order the transferee shall be registered as owner subject to all the burdens and notices of burdens appearing in the register, except those for which releases, or consents to their cancellation, by their owners are produced.

72 Effect of covenant to pay rent or indemnify may be noted in register.

72. On a transfer of property subject to an existing rent, or to a burden appearing on the register, a covenant in the transfer by either party to indemnify or exonerate the other party from the rent or burden or part of it, or the effect of it, may be noted in the register.

73 Registration of purchaser from personal representative of owner discharged from judgment mortgage of beneficiary.

73. (1) On the registration of a purchaser as owner under a transfer on sale from the personal representative of a full owner of property that has vested in the personal representative, every entry of notice of a deposit of an affidavit of judgment as mortgage on the estate or interest of a person who has a beneficial interest in the property under the will or intestacy of the deceased owner shall be cancelled.

(2) Notice of the cancellation shall be sent to the person appearing from the register to be entitled to the judgment debt.

74 Registration under a settlement.

74. On a transfer by way of settlement no person shall be registered as limited owner thereunder without notice of the application for his registration to the trustees (if any) of the settlement (whether trustees for the purposes of the Settled Land Acts or not) unless the trustees are the applicants, or concur in the application.

75 Registration under grant reserving rent.

75. A transfer of freehold property by a grant thereof in perpetuity reserving a rent shall be given effect to by registering the grantee as owner of the property, and the rent as a burden thereon.

76 Registration of companies.

76. (1) A company incorporated in Saorstát Eireann under the Companies Acts, 1908 to 1917, that applies for registration under a transfer shall produce a certificate by the Registrar of Companies in Saorstát Eireann of its incorporation.

(2) A company incorporated in a British Possession that applies for registration under a transfer shall produce evidence from the Registrar of Companies in Saorstát Eireann that it has filed with him the particulars prescribed by section 275 of the Companies (Consolidation) Act, 1908.

(3) On a transfer by a company registered under the Companies Acts, 1908 to 1917, the Registrar shall not inquire whether the transfer is incidental to the objects of the company as set out in its memorandum of association.

77 Defeasance of ownership by statute.

77. Pursuant to section 39 of the Act it is hereby prescribed that the provisions of that section shall apply to the transfer of the ownership of property by statute.

78 Registration under transfer overriding estate of registered owner.

78. (1) Where the ownership of registered property passes to another person under a disposition in defeasance of the estate of the registered owner authorised by section 39 of the Act, subject to any objection received in reply to a notice sent as prescribed by rule 79, registration of the transferee shall be made on the production of the following evidence:—

(i) if the disposition is made by a person in the exercise of a statutory power, or a power registered as burden, the appointment, deed poll, or other instrument by which the power is exercised, with, subject to rule 84, such evidence as a purchaser could require, if the property was unregistered, showing that the power is exercisable, and has been exercised, by the person in whom it is vested ;

(ii) if the disposition is made by a person, other than the registered owner, in execution of a judgment, order, decree, or process of court, the disposition executed by the person appointed by the court to execute it, accompanied by an office copy of the order of the court appointing him ;

(iii) if the property is transferred by statute, an application in writing for registration in which the statute relied on is referred to, and, subject to rules 83 and 85, the evidence relied on in proof that the conditions have arisen, or that the events have happened that transfer the property by virtue of the statute.

(2) Proof of any facts required by this rule may be given by affidavit or statutory declaration.

79 Notice of application for registration under transfer overriding estate of owner.

79. (1) The notice of an application for registration in defeasance of the estate of a registered owner referred to in section 39 of the Act shall not be given when his estate is overreached by a land judge's conveyance, a vesting order of a court, or of the Land Commission, or a transfer executed by a person appointed by a court for that purpose in execution of its judgment, order, or decree.

(2) In default of the concurrence of the legal representative of a deceased full owner or, in the case of a charge or burden not being an incorporeal hereditament of freehold tenure, of a deceased owner, to an application for registration under said section, in cases other than those specified in subrule (1), notice of the application shall be given—

(i) where the property vests in his personal representatives, to his personal representatives.

(ii) Where the property does not vest in his personal representatives, to the person claiming to be entitled as his heir or widow, as the case may be, if he died intestate, or as his devisee, if he died testate.

(3) Where the registered owner is a limited owner, registration on an application under said section may be made with the concurrence of the limited owner and the trustees of the settlement, whether trustees for the purposes of the Settled Land Acts or not. If they do not concur, or if there are no trustees, notice shall be given in cases other than those specified in subrule (1),

(i) to the limited owner, if living, and

(ii) to the trustees, if any, or if there are none, to such persons appearing from the settlement or any inhibition protecting claims thereunder to be entitled to estates or interests the subject of it, as the Registrar may direct.

(4) The applicant for registration shall furnish to the Registrar the particulars necessary for the service of the notices prescribed by this rule.

80 Cancellation of burdens on transfer overreaching the estate of the owner.

80. (1) On the registration of an owner under section 39 of the Act, the following registered burdens and notices shall be cancelled in the register:—

(i) if the transfer is made by statute, or in the exercise of a statutory power, the burdens and notices that the property would be discharged from by the statute or the exercise of the statutory power, if it was unregistered ;

(ii) if the transfer is made in exercise of a power registered as a burden, the burdens and notices that rank in priority after the power;

(iii) if the transfer is made by a vesting order of a court, or by a transfer of a person appointed by a court to transfer, the burdens and notices that the court directs to be discharged on the registration of the transferee.

(2) The applicant for registration shall, when required, state in writing the burdens and notices in the register for the cancellation of which he applies.

81 Notice to be given of cancellation of burdens on transfer overreaching owner's estate.

81. On the cancellation of a burden under clauses (i) and (ii) of rule 80 (1) the Registrar shall give notice of its discharge to its registered owner (if any).

82 Registration of assignees of bankrupt or insolvent owner and reregistration of owner.

82. (1) The assignees in bankruptcy of a registered owner who has been adjudicated a bankrupt, or is an insolvent to whom the provisions of section 268 of the Irish Bankrupt and Insolvent Act, 1857, applies may be registered as owners in his place, or, if he is a registered limited owner, as assignees of his estate, on production in the Registry of the certificate prescribed by section 269 of the said Act of 1857, endorsed as prescribed by this rule.

(2) A trustee of a bankrupt registered owner appointed under section 88 of the Bankruptcy (Ireland) Amendment Act, 1872, may be registered as owner in place of the bankrupt, or, if he is a registered limited owner, as assignee of his estate, on production in the Registry of the certificate prescribed by section 90 of the said Act of 1872, or an office copy thereof, endorsed as prescribed by this rule.

(3) The assignees for the benefit of the creditors of an arranging debtor who is a registered owner and has had a resolution or agreement approved or confirmed by the court under section 347 of the said Act of 1857, may be registered as owners in his place, or, if he is a registered limited owner, as assignees of his estate, on production in the Registry of the certificate specified in said section, or an office copy thereof, endorsed as prescribed by this rule, in any case in which the vesting of the property of the debtor shall be required by virtue of such resolution or agreement.

(4) A person appointed assignee or trustee in place of a registered assignee or trustee of a bankrupt or arranging debtor who has ceased from any cause to be assignee or trustee may be registered, in place of such registered assignee or trustee, on production of the certificate of his appointment as creditors' assignee, or trustee, or an office copy thereof, or in the case of the official assignee, on production of the notification of his appointment in the Iris Oifigiúil or a certificate by the secretary of the Department of Justice of such appointment.

(5) A bankrupt whose assignees or trustee in bankruptcy are registered as owners of his registered property, may be reregistered as owner, or, where he is a limited owner, the entry of the assignees or trustee as assignees of his limited estate may be cancelled, on production in the Registry of an office copy of the order annulling the adjudication in bankruptcy endorsed as prescribed by this rule.

(6) An arranging debtor whose assignees are registered as owners of his registered property may be reregistered as owner, or where he is a limited owner, the entry of the assignees as assignees of his limited estate may be cancelled, on production in the Registry of the vesting order prescribed by section 65 of the said Act of 1872, or an office copy thereof, endorsed as prescribed by this rule.

(7) Every order or certificate produced for the purposes of a registration referred to in this rule shall have endorsed thereon a certificate by the official assignee or the trustee identifying the bankrupt or arranging debtor named in the order or certificate with the registered owner named in a specified Folio of the register whose property is sought to be transferred, or, where the application is for the reregistration of the person who was the bankrupt or arranging debtor, the consent of the official assignee or the trustee, or in the case of an arranging debtor, of his assignees, to the reregistration.

(8) Every office copy of an order annulling an adjudication in bankruptcy produced for the reregistration of a bankrupt shall be impressed with the Revenue stamp for the duty payable on a transfer by a trustee.

83 Registration of the Land Commission on a defeasance by subdivision or letting.

83. Registration of the Land Commission as owner of a holding that has vested in it in defeasance of the estate of the registered owner on a sub-division or letting or attempted sub-division or letting in contravention of a Purchase of Land (Ireland) Act shall be made on application by the solicitor for the Land Commission in Form 32. No evidence other than the certificate therein contained shall be required of the breach of any condition or the occurrence of any event specified in a Purchase of Land (Ireland) Act the breach or occurrence of which vests the holding in the Commission.

84 Registration of transferee of a local authority under s. 6 of the Small Dwellings Acquisition Act.

84. On the registration of a transferee as owner under a transfer by a Local Authority in exercise of its powers under section 6 of the Small Dwellings Acquisition Act, 1899, no evidence shall be required of the breach of any of the statutory conditions specified in section 3 of that Act, or of the happening of any event giving rise to the power of the Local Authority to sell.

85 Registration of local authority under s. 5 of Small Dwellings Acquisition Act.

85. Registration of a Local Authority as owner of property that has vested in it under section 5 of the Small Dwellings Acquisition Act, 1899, in defeasance of the estate of its registered owner shall be made on an application by the solicitor for the Local Authority in Form 33. No evidence, other than the certificate therein contained, shall be required of the possession of the property by the Local Authority.

86 Registration of ownership of State property, and of dispositions thereof.

86. (1) A public officer or body having the management of any property vested in the State, or in a public officer or body in trust for the public service, or if none, the person appointed pursuant to section 78 (1) of the Act to represent the owner, may be registered as full owner thereof, if the property is land, an incorporeal hereditament, or a leasehold estate, and as owner, if the property is any other right. An officer or body so registered shall be described in the register as " Custodian for the State. "

(2) No registration of the ownership of an officer or body as custodian for the State shall be made except on the application of the chief state solicitor, or the solicitor (if any) of the Department of the State that has the management of the property to be registered, who shall certify that the person or body for whose registration he applies is the person or body having the management thereof, or the person appointed to represent the owner, as the case may be ; and the Registrar shall act on his certificate.

(3) No disposition of property of which the registered owner is custodian for the State shall be registered except with the consent of the chief state solicitor, or the solicitor (if any) of the Department of State having its management.

87 Registration of dispositions of recorded property.

87. (1) Every application for registration under a disposition or transmission of recorded property transferred to and entered in a register under the Act shall be made, and, subject to the provisions of this rule, registration thereunder shall be effected, in accordance with the provisions of the Act and the procedure thereunder prescribed by these rules.

(2) Where the title of an applicant for registration is under an unrecorded disposition or transmission prior to the transfer of the recorded property to a register under the Act, a short statement of the applicant's title shall be lodged with his application, which shall be accompanied by the documents referred to therein, and the evidence of the facts necessary to be proved to establish his title; and the Registrar on examination of the title, and after making such inquiries and searches, and giving such notices as he shall deem necessary or expedient, may make such registration in the register as shall give effect to the title proved.

Transmission on death of an owner of property that vests in his personal representative.

88 Registration of personal representative for purposes of administration.

88. (1) An application for registration for the purposes of administration by a personal representative of a full owner of property that is vested in him as such shall be made in Form 34.

(2) The application shall be accompanied by the probate or letters of administration or an office copy thereof.

(3) On the registration of the personal representative an inhibition to the effect of Form 70 (i), shall be entered in the register in which his ownership appears.

89 Assent by personal representative to a devise, and application of devisee for registration.

89. (1) An assent by a personal representative to a devise of property that is vested in him as the personal representative of a testate full owner shall be in Form 35, except when he is the sole personal representative and sole devisee of the property.

(2) An application by a devisee for registration under the assent shall be in such one of the Forms 36, 37, or 38 as may be applicable.

(3) An application by a sole devisee for registration as owner of property that has vested in him as the sole personal representative of the testator, or for cancellation of the inhibition entered on his registration as personal representative under rule 88 shall be in Form 39.

(4) The application shall be accompanied by the probate, or letters of administration W. A., or an office copy of the will.

90 Transfer by personal representative to devisee or successor.

90. (1) A transfer to a devisee of property, or his successor in title, by the personal representative in whom it is vested may be in such one of Forms 40 or 41, as may be applicable.

(2) If the personal representative is not registered, the transfer shall be accompanied by an affidavit by him giving such particulars as are contained in paragraph 2 of Form 34 relative to the burdens and other rights created by the will of the testator, and by the probate or an office copy of the will and probate.

91 Application for registration by a person, other than the personal representative, beneficially entitled to an intestates property.

91. ( 1) An application for registration as owner by a person by law beneficially entitled to property that is vested in the personal representative of an intestate full owner, or by a successor in title of such person, shall, when he is not the sole personal representative, be made by presenting at the Registry a transfer of the property to him from the personal representative.

(2) The transfer may be in Form 42.

(3) If the personal representative is not registered, the transfer shall be accompanied by an affidavit by him giving such particulars as are contained in paragraph 2 of Form 34 relative to the persons who became by law beneficially entitled to the property of the intestate, and by the letters of administration or an office copy thereof.

92 Application for registration by personal representative beneficially entitled to an intestates property, or for cancellation of inhibition entered under Rule 88.

92. An application by a person who claims to be by law beneficially entitled to property of an intestate full owner that has vested in him as the personal representative of such owner for registration as owner, or for cancellation of the inhibition entered on his registration under rule 88, shall be in Form 43.

93 Powers of Registrar on a registration on transmission on death.

93. On an application for registration by a devisee, or other person by law beneficially entitled to the property of a deceased full owner, or by the successor of such a person who was not registered, and on an application for registration of a burden created by a personal representative, the Registrar—

(i) shall be entitled to assume that the personal representative acted correctly and within his powers in making the transfer, assent, or other disposition, in the absence of any evidence to the contrary in the disposition, or any document lodged therewith for the purposes of the registration applied for, or, if the personal representative is registered, in the affidavit filed on his registration ; and he may dispense with the service of any notice required by the inhibition entered on such registration, and discharge the inhibition on registration under the transfer or assent;

(ii) may give notice of the application to any person appearing to have a burden on or other right in to or over the property under the will or intestacy whose claim is not stated by the personal representative to have been satisfied or discharged and is not being registered as a burden or being protected by an inhibition; and on the application by any person served with the notice for a stay of the registration, he shall have all the powers conferred by rule 130 (3) (4), and may either stay registration or register with such inhibition as he may direct;

(iii) may enter in the register such inhibition as he may deem appropriate for the protection of a burden that appears to be subsisting, to the registration of which the applicant for registration has not assented, or of any other right in to or over the property for the protection of which the applicant has not applied for the entry of an inhibition.

94 Application for registration on death of registered owner of a charge or other burden that vests in the personal representative.

94. On the death of the registered owner of a charge or other burden that vests in his personal representative an application for registration as owner by his personal representative, or by a person claiming under his will, or as by law beneficially entitled on his intestacy, shall be made on the evidence prescribed by the foregoing rules on a like application for registration as owner of land that vests in the personal representative, and the procedure and forms shall be followed and used with such modifications (if any) as the nature of the burden, and the circumstances of the case may require.

Transmission on death of a full owner of freehold property that does not vest in his personal representative.

95 Application by a devisee of freeholds for registration.

95. (1) An application for registration by a devisee or a successor in title of an unregistered devisee of a full owner of freehold property that does not vest in the personal representative of the owner shall be in writing to the effect of Form 44.

(2) Where the will under which the applicant claims charges the property with the payment of debts, or contains a general charge on it for legacies that are payable primarily out of the general personal estate, registration shall not be made except with the concurrence of the testator's personal representative, or after notice to him. Provided that, if there is no personal representative, the Registrar may dispense with such concurrence or notice when he is satisfied that, by reason of lapse of time or otherwise, no claim by the personal representative subsists.

(3) Notice to the personal representative shall be in Form 45.

(4) A list of the documents lodged in support of the application shall accompany it. The list shall be in duplicate, if a receipt for the documents is required.

96 Application by heir or widow of intestate freeholder for registration.

96. (1) An application for registration as owner by the person entitled as heir, or otherwise, on the death intestate of a full owner of freehold property that does not vest in the personal representative of the owner shall be in Form 46.

(2) The application shall be accompanied by—

(i) The letters of administration granted on the death of the owner, or an office copy thereof, or if a grant has not been obtained, evidence to satisfy the Registrar of the death and intestacy.

(ii) If the applicant claims as heir, a pedigree verified by a member of the family, accompanied by certificates or other sufficient evidence of the marriages, births, and deaths stated in the pedigree.

(iii) If the applicant claims under the Intestates Estate Act, 1890, evidence that the owner left no issue and that the net value of his real and personal estate did not exceed £500.

(iv) A list of the documents lodged in support of the application, which shall be in duplicate, if a receipt for them is required

Other Transmissions.

97 Application for registration by successor of limited owner.

97. (1) An application for registration by a person claiming under a settlement on the death, or cesser of the estate, of a limited owner shall be in Form 47.

(2) The application shall be accompanied by a list of the documents lodged in support of the application, which shall be in duplicate, if a receipt for them is required.

(3) The applicant shall not be registered except with the concurrence of the trustees (if any) of the settlement (whether trustees for the purposes of the Settled Land Acts or not), or after notice to them.

98 Application for registration by survivors or survivor of joint tenants.

98. (1) When one of two or more persons registered as joint owners dies, his name shall be withdrawn from the register on proof of his death.

(2) The death may be proved by production of probate or grant of administration with evidence of the identity of the testator or intestate named in them and the owner stated to be dead.

Burdens Generally.

99 Additional burdens that may be registered.

99. Pursuant to clause (m) of section 45 (1) of the Act it is hereby prescribed that the following matters may be registered as burdens on registered property:—

(i) A power to appoint an estate or interest in the property exercisable within a period not exceeding a life or lives in being and 21 years thereafter.

(ii) A power of distress or entry.

(iii) A right in the nature of a lien for moneys worth in or over the property for a limited period not exceeding life, such as a right of support, or a right of residence, not being an exclusive right of residence in or on a specified part of the property.

(iv) A burden created by statute or under a statutory power that is not one of the burdens to which, though not registered, all registered land is subject.

100 The assent to registration of burdens that is to be given by persons other than the owner.

100. (1) Pursuant to section 45 (2) of the Act it is hereby prescribed that the concurrence of the following persons shall be substituted for the concurrence of the registered owner in the following cases:—

(i) Concurrence in the registration of a burden on transferred property created by or arising on the transfer shall be given by the transferee, or the person claiming under the transferee who applies for registration as owner under the transfer.

(ii) Concurrence in the registration of a burden created by the will of a deceased owner shall be given by the devisee of the property that it affects, or the person claiming under the devisee, who applies for registration as owner, or, in the case of partial intestacy, by the person on whom the beneficial interest in the property devolves, or the person claiming under him, who applies for registration as owner.

(iii) Concurrence in the registration of a charge by the personal representative of an owner of land subject to Part IV of the Act for moneys that he is liable to pay shall be given by the person who applies for registration as owner under an assent or transfer from the personal representative.

(iv) Concurrence in the registration of the following burdens shall be given by the Registrar :

(a) a burden created under a statute or statutory power, or under a power registered as a burden, or under a trust for securing money registered as a burden ;

(b) a burden created by trustees in exercise of a power under a settlement under which a limited owner is registered;

(c) any burden specified in clauses (h) or (i) of section 45 (1) of the Act.

(2) The concurrence of a registered owner in the registration of a burden, or of a person, other than the Registrar, authorised by this rule to concur in its registration, may be given by his personal representative in all cases in which the property on which registration of the burden is applied for is vested in the personal representative.

(3) A registered owner, or person, other than the Registrar, required by this rule to concur in the registration of a burden, may give his concurrence personally or by his solicitor.

101 How assent to registration of a burden is to be given.

101. (1) Concurrence in the registration of a burden shall be given by the person, other than the Registrar, authorised to concur, assenting in writing to its registration; and the assent shall be filed.

(2) The assent may be given in the instrument creating the burden. If given subsequently, it shall be to the effect of Form 48.

(3) The entry of a burden in the register in the registration of which the Registrar is authorised to concur shall be the evidence of his concurrence in its registration.

102 How burden may be entered.

102. Entry of a burden in a register may be made by reference to the instrument creating the burden when the instrument, or a copy thereof authorised by these rules, is filed in the Registry, or by setting out an extract therefrom, or the effect thereof.

103 Owner of burden not entitled to custody of certificate of title of owner of the property.

103. The owner of a registered burden shall not as such be entitled to the custody or delivery of the certificate of title of the property on which his burden is registered.

104 Note in register when statutory priority for burden claimed.

104. (1) An applicant who applies for registration of a burden that, he claims, has priority over other burdens by virtue of some statute, shall state in writing the statute under which priority is claimed.

(2) On registration of the burden the Registrar, if satisfied that the burden has the priority claimed, shall make an entry in the register to the effect that as between the burden and prior burdens, it ranks in the priority conferred by the statute specified.

105 Note in register on registration of charge actually raised under a settlement.

105. On the registration of a charge actually raised within the meaning of section 20 (2) (ii) of the Settled Land Act, 1882, by an instrument executed in exercise of a power in a settlement under which a limited owner is registered, an entry shall be made in the register to the effect that, as between the charge and any other burden arising under the settlement, it ranks in the priority it has under the settlement.

106 Note in register on registration of voluntary burden when a certificate of title has been issued.

106. On the registration of a burden created by a voluntary disposition by a registered owner of property whose certificate of title is in the custody of a person who claims a lien on the property by deposit of the certificate, or of any burden specified in clause (h) or (i) of section 45 (1) of the Act on property in respect of which a certificate of title has been issued, a note shall be entered in the register to the effect that the burden ranks in priority after any lien on the property existing and created by deposit of the certificate prior to the registration of the burden.

107 Evidence on which a burden may be cancelled or modified.

107. The Registrar may cancel or modify any burden in a register, except a covenant or condition relating to the use or enjoyment of property, on the application of any person interested in the burden, or the property against which it is registered—

(i) if the ownership of the burden is registered, with the concurrence of its registered owner or his personal representative, if the burden is vested in him, in the cancellation or modification applied for; but no modification that would prejudice the rights of the owner of the property that the burden affects, or of the owner of any other registered burden, shall be made on such a consent without the concurrence of that owner;

(ii) if the ownership of the burden is not registered, or, if its registered owner does not concur in the proposed cancellation or modification, on proof to the satisfaction of the Registrar of the right of the applicant to the cancellation or modification applied for, and after such inquiries, and notices, as he may direct.

108 When burden may be cancelled as extinguished.

108. Where the registered owner of a burden becomes the registered full owner of the property on which it is a burden, the Registrar may, unless the contrary appears, treat the burden as extinguished and cancel its entry in the register, if after giving notice to the registered owner of his intention to do so, no objection to the proposed cancellation is made.

Charges.

109 Forms of charge.

109. (1) A charge for a principal sum, and a transfer and release thereof, may be made by instruments in one of the Forms of charge in the Schedule of Forms.

(2) A charge by way of annuity may be made by instrument in Form 53.

110 Registration of charge created by a company.

110. On the registration of a charge created by a company registered under the Companies Acts, an entry shall be entered in the register to the effect that the charge is subject to the provisions of section 93 of the Company's Act, 1908, unless a certificate is produced that it has been duly registered under that section.

111 Subcharges.

111. (1) The registered owner of a charge may charge it in the same manner as the registered owner of land may charge his land. Such a charge shall be described in the register as a sub-charge.

(2) A sub-charge may be created, registered, transferred, disposed of, and released, in the same manner as a charge.

(3) On the registration of a sub-charge or of any dealing therewith the Registrar may, if he deems it expedient or conducive to clearness, transfer the title to the charge affected by the sub-charge to a subsidiary register. No fee shall be charged for the transfer of the title to a charge to a subsidiary register under this rule.

112 Meaning of future advances in register and the registration of a charge for.

112. (1) Where a charge is registered to secure future advances the expression "future advances" in the register shall have the same meaning as that expression in section 77 of the Act.

(2) When a charge for securing future advances to an unlimited amount is registered, an entry shall be made in the register, and in any certificate of charge issued in respect of the charge, of the amount that the ad valorem duty impressed on the instrument of charge extends to cover, and neither the register nor the certificate of charge shall be admissible as evidence that the charge secures any advances in excess of that amount, except as provided in section 88 of the Stamp Act, 1891.

113 Dealing with mortgage created prior to first registration, when registered.

113. (1) When a mortgage created prior to the first registration of property is entered in a register as a burden, the Registrar may, on the application or with the concurrence of the person entitled thereto, register him as owner of the mortgage, on due proof of his title, and after notice to the owner of the mortgaged property.

(2) The same forms may be used, and the same procedure may be adopted, on transfers and other dispositions of a mortgage of which an owner is so registered as are applicable to registered charges.

(3) A certificate of charge may be issued in respect of such a mortgage whose ownership is registered.

Judgment Mortgages.

114 Registration of affidavit of judgment as judgment mortgage.

114. (1) Registration of an affidavit of judgment as a mortgage on registered property shall be effected by the deposit in the Registry of the copy affidavit prescribed by section 6 of the Judgment Mortgage (Ir.) Act, 1850, and the entry of notice of the deposit in the register of the property that the judgment creditor seeks to charge.

(2) The notice in the register of the deposit shall be in Form 56 with such variation as the Registrar may, in special circumstances, direct.

115 Evidence on entry of notice of deposit of affidavit of judgment.

115. (1) The registered property of the judgment debtor that the judgment creditor seeks to charge shall be identified by a statement in the affidavit to the effect that the property described in it that the judgment debtor is seized or possessed of or has disposing power over is the property, or a defined part of the property, in a specified folio of a register, or by a certificate of the judgment creditor or his solicitor to the like effect endorsed on the copy affidavit deposited.

(2) No entry of notice of the deposit of an affidavit as a mortgage shall be made in the register of any property unless the affidavit—

(i) purports to be made by the creditor specified in section 6 of said Act of 1850, or by a person authorised to make it by section 3 of 21, 22 Vic., c. 105;

(ii) specifies the county and barony, or the town and county of a city, and parish, or the town and parish, in which the property to which it relates is situate.

116 Notice of deposit of the affidavit to be given.

116. (1) Notice of the deposit of an affidavit of judgment in the Registry as a mortgage, and of the entry made in the register on its deposit, shall be sent from the Registry to the registered owner of the property, and to the other persons (if any) whose estate or interest therein the affidavit purports to charge, and whose address in Saorstát Eireann for service of notices is disclosed in the register or the affidavit.

(2) The notice shall be in Form 57.

117 Application to cancel notice of deposit of an affidavit on grounds of invalidity of judgment mortgage.

117. (1) When an entry of notice of the deposit of an affidavit of judgment is made in the register of any property, a registered owner, or any other person interested, who claims that the deposit and the notice thereof in the register do not create a valid mortgage, may apply to the Registrar for the cancellation of the notice.

(2) The application shall be in writing and shall state the grounds on which the applicant claims that the entry should be cancelled, as for instance that a specified provision of the Judgment Mortgage Act, has not been complied with, or that the judgment debtor had no estate or interest in the property, or no estate or interest capable of being affected by registration of the affidavit, and shall state the facts on which he relies in support of his claim.

(3) If the Registrar is satisfied on the facts stated that a prima facie case for cancellation of the entry has been made, notice shall be given to the judgment creditor of the application, and of the cancellation proposed to be made; and in default of objection thereto by him within the time limited by the notice, the entry shall be cancelled.

(4) Every objection to a proposed cancellation shall be in writing and shall be signed by the judgment creditor or his solicitor. It shall state the grounds of the objection, and the facts relied on in support thereof.

(5) If, in the opinion of the Registrar, the application and objection do not raise a question of law or fact relative to the validity of the registration made which should be referred to the Court, he may cancel or refuse to cancel the entry of notice of the deposit; but if a question of law or fact is disclosed on which in his opinion the validity of the affidavit as a judgment mortgage depends he may refer the question to the Court for its decision.

(6) The costs of proceedings in the Registry under this rule shall be those prescribed in Part III of the schedule of costs. If the entry is cancelled, the prescribed costs of the applicant for its cancellation shall be paid by the judgment creditor. If it is not cancelled, the prescribed costs of the judgment creditor shall be paid by the applicant. The Registrar shall on application make an order for the payment of the costs.

118 Cancellation of notice of deposit of affidavit of judgment validly registered.

118. Subject to any inhibition in the register to the contrary, an entry of notice of the deposit of an affidavit of judgment as a mortgage may be cancelled on production at the Registry of the certificate specified in section 9 of the Judgment Mortgage (Ireland) Act, 1850, of the satisfaction of the judgment, decree, or order in respect of which the affidavit was deposited, or of a requisition by the judgment creditor or his personal representative, in Form 58, for its discharge.

Other Burdens.

119 Lease.

119. (1) An application for registration of a lease as a burden shall be made by lodging in the Registry the lessee's part of the lease with a duplicate, or attested copy. The entry in the register shall give the date of and the parties to the lease, the term, and rent, and particulars of the property demised sufficient to identify it on the Registry map.

(2) The lease shall be endorsed with notice of its registration as a burden on the property in the Folio of the register specified, and shall be redelivered to the person who lodged it.

120 Rent charge.

120. (1) A rent charge may be created by an instrument in Form 55.

(2) An application for registration of a rent charge as a burden shall be made by lodging in the Registry the grant or the rent chargeant's part thereof, with a duplicate or attested copy. The entry in the register shall give the date of and parties to the grant, the rent, and particulars of the property affected sufficient to identify it on the Registry map.

(3) The grant shall be endorsed with notice of the registration of the rent charge as a burden on the property in the Folio of the register specified and shall be redelivered to the person who lodged it.

121 Power to charge and trust to raise money.

121. (1) A trust for securing money, and a power to charge, or other power, vested in any person virtute officii, shall be registered as a burden by reference to the instrument creating it, and no charge under the trust or power shall be registered until it is shown to the satisfaction of the Registrar that the person raising the money under the trust or power is the person authorised to do so by the instrument.

(2) A person raising money under such a trust or power shall do so by creating a registered charge in the manner prescribed by section 50 of the Act, and not otherwise.

122 Lien for unpaid purchase money.

122. (1) An application for registration of a lien for unpaid purchase money shall be made in writing signed by the vendor or his solicitor. It shall give the address of the vendor in Saorstát Eireann for service of notices, and shall be accompanied by the prescribed assent to its registration as a burden.

(2) A lien may be discharged in a register on the consent of the vendor or his personal representative or their solicitor.

123 Order or other process of court.

123. An application for the registration of an order or other process of a court,as a burden, shall be made in writing signed by the applicant or his solicitor. It shall identify the property affected by the order, or process, by a reference to the Folio of the register in which its ownership appears and a map if necessary, and shall state whether all the property, and if not, what part of it, is affected. Evidence of the order, or other process, shall be lodged with the application.

124 Lis pendens.

124. (1) An application for the registration of a lis pendens as a burden shall be made in Form 59. It shall be signed by the applicant or his solicitor, and shall have subscribed thereto a certificate of the existence of the cause or proceeding signed by the proper officer of the court in which it is pending.

(2) The entry of a lis pendens in the register shall be in Form 60 with such variation thereof as the Registrar may, in special circumstances, direct.

(3) An application for the discharge of a lis pendens shall be made by lodging in the Registry a certificate signed by the proper officer of the court in which the lis pendens may be, that it has been duly vacated by order of the court, or by lodging a transfer of the property made in pursuance of an order for sale by the court in which the lis pendens may be.

125 Recognizance bonds and judgments.

125. (1) An application for registration of a recognizance, or other matter referred to in section 46 (3) of the Act as a burden shall be made by lodging in the Registry the memorandum prescribed by section 11 of 7 & 8 Vic., c. 80 with evidence of the identity of the person whose estate is sought to be affected with the registered owner or (where a limited owner is registered) other person having an estate or interest in the property under the settlement, against whom registration is applied for. The memorandum shall be signed by the applicant or his solicitor, and shall have subscribed thereto a certificate of the existence of the recognizance, or other matter, by the proper officer of the Court in which it was obtained.

(2) The entry in the register of a recognizance shall be in Form 61. The entry in the register of the other matters referred to in the said sub-section shall be in a like form with such variation as the case may require and the Registrar allow.

(3) An application for the discharge of a recognizance or a bond referred to in said section shall be made by lodging in the Registry its vacate signed by the proper officer.

(4) An application for the discharge of a judgment referred to in said section shall be made by lodging in the Registry a certificate of the satisfaction of the judgment.

126 Easement or profit à prendre.

126. (1) Every application for the registration of an easement or profit à prendre as a burden shall be accompanied by a plan showing the part of the land described in the register over which the right is to be exercised, unless it can be otherwise clearly identified on the Registry map from the description in the instrument creating the right.

(2) The application shall also be accompanied by a plan showing the land to which the right granted (except it is a profit à prendre in gross) is appurtenant, unless it can be identified on the Registry map by reference to the Folio of the register in which its ownership is registered.

(3) The plans if not endorsed on and referred to in the instrument creating the right, shall be signed by the registered owner of the land on which the right is to be registered as a burden, and by the grantee of the right or his solicitor

Cautions and inhibitions against registration of dispositions.

127 Form of caution and of affidavit in support.

127. (1) A caution against dealings by a registered owner shall be in Form 63. The caution shall be signed by the cautioner or his solicitor, and shall contain an address in Saorstát Eireann for service of notices on the cautioner.

(2) A caution may be limited to specified dealings by the registered owner.

(3) The affidavit in support of the caution shall be in Form 64, and shall state the facts that show the unregistered right in, to, or over the registered property in respect of which the caution is lodged.

(4) Notice of the entry of a caution shall be sent by the Registrar to the registered owner of the property to which it relates. The notice shall be in Form 65.

128 Warning notice to cautioner.

128. (1) Notice shall be sent to a cautioner warning him that his caution will lapse after the time stated therein—

(a) On an application in writing for its discharge made at any time by the registered owner of the property affected by it;

(b) When a dealing that the cautioner requires notice of is presented for registration without the consent of the cautioner.

(2) The time to be specified in a warning notice shall be 7 days or such other period as the Registrar may in the special circumstances of a case direct.

(3) The notice shall be in Form 66 or 67, as the case may require.

129 Application by registered owner for discharge of caution.

129. An application by a registered owner for the discharge of a caution shall state the grounds of his application, as, for instance, that the right for the protection of which the caution was entered does not exist, or has ceased to exist, and shall state the facts alleged in support thereof.

130 Proceedings on appearance by cautioner to a warning notice.

130. (1) A cautioner or his personal representative may appear before the Registrar, or deliver a statement in writing at the Registry, at any time within the time stated in the warning notice, for the purpose of obtaining a stay on registration of the dealing referred to in the notice, or, if the warning was sent on the application of the registered owner, for the purpose of obtaining the continuation of the caution.

(2) The applicant shall state the grounds why registration of the dealing should be stayed, or the caution should be continued as, for instance, that the dealing, if registered, would defeat or postpone the prior unregistered right of the cautioner which he was proceeding to enforce, or, where the warning notice was sent on an application by the registered owner, that proceedings are pending, or are about to be taken to enforce the right protected by the caution.

(3) When he deems it necessary or expedient the Registrar may appoint a day and time for the parties to attend before him for the determination of the terms and conditions on which registration of a dealing shall be stayed, or a caution continued or cancelled.

(4) The Registrar may make such ruling on the application as he may think just as, for instance, that registration under the dealing be stayed for a specified period and that the caution continue during that period, or that registration under the dealing be made and the caution continued, or, where the warning notice was sent on an application by the registered owner, that the caution continue either indefinitely or for a specified period or that its entry be cancelled.

131 Withdrawal of a caution, or consent of a cautioner to a dealing.

131. (1) A caution may be withdrawn at any time either as against the whole or any part of the property to which it relates. The application for its withdrawal may be in Form 68 and shall be signed by the cautioner or his solicitor, or the personal representative of the cautioner or his solicitor; and, where the withdrawal is against part only of the property affected by the caution, it shall identify the part to which the withdrawal relates by reference, when necessary, to a plan

(2) A cautioner or his personal representative may by writing signed by himself or his solicitor consent to registration under a specified dealing. The consent may be absolute, or conditional on the caution being continued, or on a specified inhibition being entered in the register.

132 Lapse of caution.

132. When the warning notice required by a caution has been given in respect of the whole of the property to which it relates, and the time stated in the notice has expired, the caution shall be deemed to be exhausted, and its entry in the register shall be cancelled unless the Registrar otherwise directs.

133 Form of inhibition.

133. (1) An inhibition for the protection of an unregistered right may be in the terms of one of the clauses in Form 70, which may be modified or adapted as may be requisite for restricting the registration of dispositions that would defeat, postpone, or prejudice the right claimed

(2) The Registrar may refuse to enter in a register an inhibition that does not state clearly and explicitly the restriction to be imposed

134 Entry of inhibition on consent of owner.

134. (1) An inhibition for the protection of an unregistered right affecting a registered owner may be entered in the register of his property with his consent.

(2) An inhibition for the protection of an unregistered right affecting an estate or interest created by a settlement under which a limited owner is registered may be entered in the register with the consent of the owner of such estate or interest, or of the trustees of the settlement.

135 Application for inhibitions where there is no consent.

135. (1) An application to the Registrar for the entry of an inhibition, other than one the entry of which is authorised on the consent prescribed by the preceding rule, may be in Form 69.

(2) When the inhibition applied for is a restriction on the registration of dispositions by a registered owner, the application shall state the facts showing that the applicant has an unregistered right in, to, or over the property that is enforceable against the registered owner.

(3) When the inhibition applied for is a restriction on the registration of dispositions by—

(i) the unregistered personal representative of a registered owner of property that vests in the personal representative,

(ii) the heir, devisee, or other person entitled on the death of a full owner of freehold hereditaments that do not vest in the personal representative,

(iii) the owner of an estate or interest in property the subject of a settlement under which a limited owner is registered, or

(iv) any person claiming a right in or to a registered burden whose ownership is not registered,

the application shall state the facts showing that the applicant has an unregistered right in, to, or over, the property that is enforceable against such person.

(4) The application shall be accompanied by the instrument (if any) creating the unregistered right, or such evidence thereof as the Registrar may deem sufficient, or, if the right does not arise under an instrument, an affidavit or other evidence in proof of the facts that gave rise to it.

(5) An instrument creating an unregistered right may, if the applicant so applies, be filed in the Registry for safe custody.

136 Proceedings on application for inhibition.

136. (1) The Registrar may refuse to enter a restriction applied for unless modified in such manner as he shall direct.

(2) If the Registrar is satisfied on the facts disclosed in an application or in any document produced in support of it that the applicant is prima facie entitled to the right claimed, he shall send notice of the application and of the proposed restriction

(i) to the registered owner of the property, if the right is enforceable against him;

(ii) to the person or persons appearing to be entitled to dispose of the estate or interest in the property against which the right exists, when there is no registered owner, or he is known to be dead, or the estate or interest affected by the right is in a settlement under which a limited owner is registered.

(3) The Registrar may also give notice to any person appearing from the register to be affected by the right, when he deems it expedient.

(4) The notice shall be in Form 71.

137 Procedure on objection to inhibition.

137. (1) Any person to whom notice of the application is sent may, within the time stated, apply to the Registrar to vary the terms of the restriction. He shall state what modifications of it he asks for and the grounds for it, as for instance that it is unreasonable or calculated to cause inconvenience having regard to the facts he discloses, or that it should be limited in duration.

(2) The Registrar may, if he thinks fit, appoint a day and time for the parties to attend before him for the determination of any question relative to the terms or duration of the restriction to be entered.

(3) The Registrar may make any modification of the proposed restriction that he thinks expedient, having regard to any additional facts disclosed by notice parties, and may enter the restriction so modified in the register.

138 Modification or discharge of registered inhibition.

138. (1) An application to modify or discharge a restriction entered in the register otherwise than by an order of a court shall be in Form 72 or 73.

(2) If the application is not made with the consent of all persons appearing from the register and the instrument on which the entry was made to be entitled to the benefit of the restriction, or their solicitors, it shall be accompanied by evidence of the facts on which it is claimed that the entry should be modified, or that the right protected by the entry has been released or satisfied, or has otherwise ceased to exist.

(3) Notice of the application, if not made with their consent, shall be given to the persons appearing from the register or the instrument on which the restriction was entered to be entitled to the benefit thereof, who may object thereto within the time stated in the notice. Every objection shall be in writing and shall state the grounds thereof.

(4) The Registrar may make such ruling on the application as he may think just, and may direct the discharge of the inhibition, or may continue it indefinitely or for a specified period or with such modifications as he may direct.

139 Application in anticipation of dealing inhibited without Registrar's approval.

139. (1) An application may be made to the Registrar in anticipation of an intended dealing with property subject to a restriction in the register against dispositions except under his order or with his approval, for a ruling that registration under the intended dealing may be made; and the Registrar may direct that registration under the dealing, if carried out, may be made either unconditionally or subject to such restriction as he may direct.

(2) The ruling of the Registrar shall specify a time within which registration under the dealing authorised is to be made; and during that time it shall be attached to the Folio of the register in which the restriction is entered.

140 Procedure on lodgment of dealing inhibited without notice to specified persons

140. (1) Where an inhibition is entered in the register restricting dealings except after notice to a specified person, the notice to be sent to such person, when a dealing within the terms of the restriction is presented for registration shall be in the same form as a warning notice prescribed for service on a cautioner, with such modification thereof as the Registrar may consider necessary.

(2) The person specified in the inhibition, or his personal representative, or other the person entitled to the benefit of the restriction, may appear to the warning notice and apply for a stay on the registration; and the procedure prescribed on a similar application by a cautioner shall be applicable. The Registrar shall have the same powers as on a like application by a cautioner and may continue the inhibition either indefinitely or for a specified period or may vary its terms or direct its discharge.

141 Inhibition under order of Court.

141. An entry of an inhibition under an order of a Court shall state that it is made pursuant to that order.

Other entries.

142 Notice of filing of petition or arrangement in bankruptcy.

142. (1) Notice of the presentation of a petition of bankruptcy by or against the registered owner of property, or of the presentation of a petition under section 343 of the Irish Bankrupt and Insolvent Act, 1857, by such owner, shall be in Form 74. It shall be signed by a Registrar of the Court in which the petition is filed, and shall have endorsed thereon a certificate of the petitioner or his solicitor identifying the person referred to in the notice with the registered owner of the property against whom entry of the notice is applied for.

(2) The notice shall be given to the registering authority by presenting it at the Registry. The entry in the register shall be to the effect that a petition of bankruptcy by or against the registered owner, or a petition by the registered owner under said section 343, as the case may be, has been presented.

(3) Notice of the entry shall be sent from the Registry to the registered owner in any case in which the petition has not been presented by him.

143 Notice of annulment of bankruptcy where notice of petition entered.

143. (1) Notice of the annulling of an adjudication of bankruptcy of a registered owner under a petition of which notice has been entered in a register shall be in Form 75. It shall identify the property affected by the adjudication by reference to the Folio of the register in which notice of the petition has been entered, and shall be signed by a Registrar of the Court in which the petition was filed.

(2) The notice shall be given to the registering authority by presenting it at the Registry.

144 Entry of notice of burdens that affect without registration.

144. (1) Notice of the existence of any burden specified in section 47 of the Act shall be given by an entry in the register to the effect that the property specified is subject to the burden.

(2) The notice required by section 38 (2) of the Act shall be an entry to the effect that the property is subject to the provisions of the section of the statute restricting the alienation, assignment, sub-division or sub-letting, as the case may be; and the statute and the section thereof shall be specified.

(3) If the burden does not affect all the property described in a Folio of the register, the consent or order authorising the entry of notice of it shall be accompanied by a plan showing the part subject to the burden unless it can be otherwise sufficiently identified on the Registry map.

145 Entry of notice of exemption from burden in section 47.

145. (1) Notice of the exemption of specified property from crown rent, quit rent, ecclesiastical tithe rent charge or payment in lieu thereof, land improvement and drainage charges, or a land purchase annuity, may be entered in the register on a certificate of its exemption therefrom given by the Department of the State charged with the collection of the sums payable on such burden.

(2) Notice of the exemption of specified property from estate duty shall be entered in the register thereof—

(i) on production of the certificate prescribed by section 11 of the Finance Act, 1894;

(ii) on proof to the satisfaction of the Registrar that the duty (if any) has ceased to be a burden on the property under the provisions of section 12 of the Customs and Inland Revenue Act, 1889 ;

(iii) the notice to be entered shall be to the effect that the property was not subject to the duty at the date of the entry.

(3) Notice of the exemption of specified property from succession duty shall be entered in the register thereof on production of the certificate prescribed by section 51 of the Succession Duty Act, 1853. The notice shall be to the effect that the property was exempt from the duty at the date of the entry.

146 Entry of conclusiveness of a boundary of property.

146. Every entry in the register of the conclusiveness of a boundary shall be made by stating therein the physical boundary of the property along a specified line on the Registry map, and the part of it that is the ascertained line of the boundary, as for instance, that the face or centre of the fence or wall, or the centre or a specified side of a stream or drain along the line shown on the map is the boundary, and is conclusive as between the adjoining owners, or as against all persons, as the case may be.

147 Entry of boundary ascertained by Land Judge's conveyance.

147. A boundary defined by one of the instruments specified in section 57 of the Act shall not be entered in the register as conclusive unless the facts that enable it to be defined in the register in accordance with the foregoing rule can be ascertained from the instrument, and until notice of the proposed entry has been given to the adjoining owners, and no objection thereto has been received within the time limited by the notice.

148 Entry of boundary by agreement.

148. (1) An application by adjoining owners of property for entry in the register of the boundary between their property, or part of it, shall be made by lodging in the Registry—

(i) a plan on a section of a revised ordnance sheet (25" or larger scale) showing the land adjoining the boundary to be defined, and the site of the boundary by a line in colour,

(ii) a consent in writing by the owners referring to the plan and stating in the manner prescribed by rule 146 the physical boundary along the line indicated on the plan, and the part of it that they agree is the boundary.

(2) If an owner who is a consenting party is the owner of unregistered land, proof shall also he given that he is the owner within the meaning of section 60 of the Act who is authorised by that section to consent.

149 Settlement of boundary on transfer.

149. The boundary between registered property transferred by a registered owner and other registered property of which he is the registered owner may be entered in the register as conclusive on lodgment in the Registry of a consent by the transferor and transferee in the terms specified in the foregoing rule.

150 Entry of name of new trustee of a settlement.

150. (1) The name of a new trustee of a settlement under which a limited owner is registered shall be entered in the register on production at the Registry of an office copy of the order or the deed appointing the trustee, with such evidence as may be necessary to show that the appointment is properly made, as, for instance, evidence that the appointor is the person authorised to make the appointment and that there is a vacancy in the trusteeship.

(2) If the appointment is by deed, the deed, or an attested copy thereof, shall be filed for reference.

151 Removal of description of infancy.

151. The description of a registered owner of property as an infant shall be removed from the register on his application and on proof that he has attained age.

152 Entry in register on conversion of a registered renewable lease.

152. On production at the Registry of a grant in perpetuity of unregistered land made under the provisions of any Act to the registered owner of a leasehold estate therein in conversion of the lease into a fee farm grant or grant in perpetuity, a note shall be made in the register of leaseholders under the particulars of the registered leasehold estate to the effect that the registered owner claims the fee-simple under the grant; and short particulars thereof shall be given. Notice of the registration of the ownership of the leasehold estate and of the provisions of section 53 (2) (d) of the Act shall be endorsed on the grant, which shall be redelivered to the person who produced it.

PART IV.

MISCELLANEOUS.

Land certificates, certificates of charge and other certificates of title.

153 Land certificate and certificate of charge.

153. A certificate of the ownership of freehold land shall be called a land certificate; a certificate of the ownership of a registered charge shall be called a certificate of charge.

154 Form and contents of land certificates and other certificates of title.

154. (1) A land certificate shall be in Form 76. A certificate of title to property registered in the register of leaseholders or the register of subsidiary interests shall be in a like form with such modification thereof as the nature of the property may require. Every certificate shall be authenticated by the Registry seal being affixed thereto.

(2) Every certificate shall contain a description of the property, and in the case of a leasehold estate, or a subsidiary right, short particulars of the lease or grant (if any) creating the lease or right; and it shall certify the ownership registered, and the burdens and notices of burdens, cautions and inhibitions, appearing in the register of the property on the date of its issue.

(3) If an office copy of the plan of the property on the Registry Map is annexed to a certificate, it shall, for the purposes of section 81 (4) of the Act, be deemed to be contained in the certificate itself.

(4) Easements and profits à prendre existing prior to the first registration of the ownership of property either as appurtenances to it, or as burdens on it, that were noted in the register on the first registration may be entered in a certificate as notices of the existence of such rights; and such notices shall be in general terms; details of the rights shall not be given.

(5) Where owners of property are registered as tenants in common, separate certificates of title may be issued to each owner certifying his ownership of his undivided share or shares in the property as appearing in the register. The ownership of the shares of more than one tenant in common shall not be certified in one certificate.

155 Form and contents of certificate of charge.

155. (1) Except as provided in Rule 156, a certificate of charge shall be in Form 77, with such modifications as the Registrar in the special circumstances of a case may direct. It shall be authenticated by the Registry seal being affixed thereto.

(2) The certificate shall certify the registration of the charge and its ownership, and shall contain particulars of the property charged, and the burdens, notices of burdens, cautions and inhibitions appearing in the register as affecting the charge on the date of its issue.

(3) The certificate may have a duplicate, or an office copy, of the instrument of charge annexed to it; and the particulars of the charge may be given in the certificate by reference thereto.

156 Form of certificate of charge in certain cases.

156. (1) On the registration of a joint-stock Banking Company, Building Society, Friendly Society, or Industrial or Provident Society, as owner of a charge, the Registrar may issue the instrument of charge with an endorsement thereon certifying the registration of the charge as a burden in the register of the property affected, and the ownership of the charge; and the instrument so endorsed shall be for all purposes the certificate of charge.

(2) If the instrument of charge is issued as a certificate, a duplicate thereof, or an attested copy, shall be lodged and filed for reference.

(3) On a transfer of the charge, the instrument issued under this rule shall be retained in the Registry, and the endorsement thereon cancelled; but the transferee shall be entitled to a certificate of charge in the prescribed form on payment of the prescribed fee.

157 Certain entries not to be made in certificates of title.

157. No ownership of a burden, and no dealing with a burden, except an entry of its release or discharge, or an entry affecting its priority, or, where its ownership is not registered, an entry of an inhibition affecting it, shall lie noted in the certificate of the ownership of the property on which the burden is registered.

158 Authentication of entry on certificate of title.

158. The last entry made in each part of a certificate of title shall, on its first issue, be authenticated by affixing thereto an authentication seal kept in the Registry for the purpose. Every entry made in a certificate after its first issue shall be authenticated by affixing the authentication seal thereto.

159 The date of issue of a certificate of title.

159. (1) Every certificate of title shall have an entry thereon showing the date on which it was issued or last examined and made conformable with the register in accordance with these rules. The date on which a certificate was originally issued, or was last examined and reissued, shall be called its "date of issue."

(2) A certificate shall be made conformable at any time with the register in accordance with these rules and reissued, on being lodged in the Registry for the purpose and on payment of the prescribed fee.

160 Production of a certificate of title in registrations.

160. (1) Production to the Registrar of a certificate of title shall be required for the registration of a dealing with the property whose ownership it certifies, when the dealing is—

(i) by, or with the concurrence of, the registered owner,

(ii) by the personal representative of the registered owner, or other person in whom the property vests on his death, or on their registration;

(iii) a transmission under a settlement under which a limited ownership is registered:

(iv) a rectification of the register of the property to which it relates.

(2) Production of the certificate of title on the registration of any other dealing with the property whose ownership it certifies shall not be required.

161 Production of certificate of charge on sale, by owner of charge, of property charged.

161. On the registration of a transferee under a transfer of property by the registered owner of a charge thereon in exercise of his power of sale, his certificate of charge (if any) shall be produced.

162 Application for order for production of certificate of title.

162. (1) An application to the Registrar under section 81 (2) of the Act for an order for the production of a certificate of title shall be in Form 78, signed by the applicant or his solicitor.

(2) If it appears to the Registrar from the statements in the application and the documents lodged for the purpose of the registration for which the certificate is required that the dealing is one that can be effected without the consent of the person having the custody of the certificate, he shall send notice to the person against whom the order is sought, requiring him to state whether he has the custody of the certificate, and if he has, whether he claims that the dealing for which the production is required is one that cannot be registered without his consent and the grounds of his claim.

(3) In default of a reply to the notice within the time specified therein, the order shall be made.

(4) If the person having the custody of the certificate claims that the dealing cannot be registered without his consent, then the Registrar shall determine the question, and for that purpose may appoint a day and time for the parties to attend before him.

163 Power to dispense with production of certificate of title in certain cases.

163. (1) When it is proved to the satisfaction of the Registrar that a certificate of title is in the custody of a person not residing in Saorstát Eireann who refuses or neglects to produce it, or of a person whose address cannot be ascertained, he may dispense with the production of the certificate—

(i) on the registration of a dealing with the property that can be effected without the consent of the person having its custody;

(ii) on the registration of any dealing with the property, if it is proved to his satisfaction that the certificate is not deposited with the person having its custody for the purpose of creating a lien on the property.

(2) Before dispensing with the production of a certificate of title under this rule the Registrar may give such notice of the proposed registration, and take such indemnity (if any) as he shall consider necessary or expedient.

164 On registration of dealing certificate of title to be made conformable with register.

164. (1) On the registration of a dealing with property for which production of the certificate of title is required, the certificate shall, without fee and before reissue, be made conformable with the register in accordance with these rules.

(2) The Registrar may issue a new certificate in substitution for a certificate produced to him. On the issue of the new certificate, the old certificate shall be cancelled.

(3) No fee shall be payable for a new certificate issued under this rule.

165 Power to issue new certificate in certain cases.

165. Subject to such notices and inquiries (if any) as he may deem expedient, the Registrar may issue a new certificate of title to a registered owner of property whose registration without production of the certificate of title issued in respect thereof is authorised by these rules.

166 Deposit in Registry of certificate for specified registrations.

166. (1) A certificate of title may be deposited in the Registry by the holder thereof for the purposes of the registration of such transactions as are specified in a notice by him to the Registrar accompanying the certificate.

(2) The notice shall be in Form 79, and may specify a time within which the transaction or transactions are to be registered.

(3) The Registrar shall give a receipt in Form 80 for a certificate so deposited; and if the instruments are not presented for registration at the Registry within the time (if any) specified in the notice, the certificate shall be redelivered to the person who lodged it.

(4) No registration of a dealing with the property other than those specified in the notice shall be made while the certificate is in the Registry without the consent of the person who deposited it, except a registration that under the Act or these rules can be made without his consent.

(5) On completion of the registration authorised by the notice, the certificate shall be redelivered to the person who deposited it.

167 Certificates of title containing unofficial entries to be cancelled.

167. If an entry not made in the Registry and authenticated in accordance with these rules, or any erasure or other defacement, appears on a certificate of title produced to the Registrar, the certificate shall be retained in the Registry and cancelled, and a new certificate shall not be issued ,except on payment of the prescribed fee, and after such notices and inquiries (if any), as the Registrar may direct; and he may postpone the issue thereof for a period to be specified.

168 Power to issue new certificate when certificate lost and to dispense with certificate of charge.

168. (1) When it is proved to the satisfaction of the Registrar that a certificate of title has been lost or destroyed, he may issue a new certificate after giving such notice in local and other papers, making such inquiries, and taking such indemnity as he shall deem necessary.

(2) When it is proved to the satisfaction of the Registrar that a certificate of charge is lost or destroyed the Registrar may, on an application for cancellation of the charge, dispense with the production of the certificate on the cancellation on giving such notice and after making such inquiries and taking such indemnity as he shall deem necessary.

169 Record to be kept of outstanding certificates.

169. (1) A record shall be kept in the Registry of every outstanding certificate of title issued to property for which a new certificate of title is issued under Rule 165 or 168.

(2) The record shall be open to public inspection on payment of the prescribed fee.

170 Note of issue of certificate to be made in register.

170. A note of the issue of a certificate of title and of every reissue thereof shall be made in the Folio of the register of the property to which it relates.

171 Authorised statements on certificates.

171. A certificate of title may have endorsed thereon a short statement of its purport and effect, and of the procedure on registration.

The Registry Map.

172 The Registry Map.

172. (1) The ordnance maps of Saorstát Eireann kept in the Registry pursuant to the Act shall be called "The Registry Map."

(2) Separate ordnance maps shall be maintained for the plans of property described in the register of owners of freehold land, the register of leaseholders, and the register of owners of subsidiary interests, respectively.

(3) The maps maintained for property in cities, county boroughs, urban districts and towns, and for such villages, parcels and areas as the Registrar may direct, shall be the ordnance maps on the 25-inch or larger scale adopted for the specified area. The maps maintained for all other areas may be the ordnance maps on the 6-inch scale.

(4) Where a map on a scale larger than the 6-inch scale is adopted for a specified area, all plans of property in that area shall be shown on the scale adopted for the area.

(5) Where a map on a scale larger than the 6-inch scale is adopted for an area, that area shall be shown on the 6-inch ordnance map with a reference thereon to the map on the larger scale on which the plans of the property in the area are shown.

173 Contents of Registry Map.

173. (1) There shall be shown on the Registry Map—

(i) a plan or plans of the land described in each folio of the register of freeholders;

(ii) a plan or plans of the land subject to the leasehold estate described in each folio of the register of leaseholders;

(iii) a plan or plans of the land the subject of every incorporeal hereditament of freehold tenure described in each folio of the registers of subsidiary interests;

(iv) such plan or plans as may from time to time be necessary or expedient for the identification of property subject to a burden, notice, caution, or inhibition, entered in a folio of a register.

(2) Every plan shall be defined on the Registry Map by an edging in colour, or otherwise as the Registrar may deem convenient in a particular case, and shall have a number or symbol thereon; and the property described in each folio shall be identified therein by a reference to its plan or plans on the Registry Map.

174 Revision of descriptions in register on revision of Registry Map.

174. Where, owing to a revision of the ordnance maps, a change is made in the description of a denomination of land in an ordnance map, the Registrar shall revise the description in the registers of any property affected by the change so as to make the description in the registers conform with the description on the revised ordnance map.

Infants.

175 Persons who may represent infants.

175. (1) An infant may be represented for any of the purposes of the Act by his guardian (if any) appointed by a court of competent jurisdiction, or if there is no guardian so appointed, by his father, or if his father is dead, by the person who is his guardian under the provisions of the Guardianship of Infants Act, 1886.

(2) If it appears to the Registrar in the course of any proceeding under the Act that the person representing an infant under this rule has an interest adverse to, or conflicting with, the interest of the infant, or that it is in the interest of the infant that some other person should be appointed to represent him, he may refuse to proceed until another person is appointed to represent the infant in the proceedings.

176 Appointment of person to represent infant.

176. (1) If there is no person authorised by the foregoing rule to represent an infant, or if someone other than such person ought to be appointed, the Registrar may appoint a person to represent the infant for all or any of the purposes of the Act.

(2) The application to the Registrar for that purpose shall be made in writing and shall be accompanied by the consent to act of the person whom it is proposed to appoint, and an affidavit of his fitness.

Persons of unsound mind.

177 Person who may represent a person of unsound mind.

177. (1) A person of unsound mind who is not a lunatic so found by inquisition, but in respect of whom an order has been made under section 68 of the Lunacy Regulation (Ir.) Act, 1871, may be represented for all or any of the purposes of the Act by his committee or guardian appointed under section 69 of said Act of 1871.

(2) A person of weak mind who is temporarily incapable of managing his affairs may be represented for all or any of the purposes of the Act by his guardian, if any, appointed under section 103 of said Act of 1871.

178 Appointment of person to represent a person of unsound mind.

178. If in the course of any proceeding in the Registry, except an application by the Land Commission under section 23 (1) (b) of the Act for the registration of a purchaser under the Purchase of Land (Ireland) Acts, it appears that any person interested is a person of unsound mind who is not a lunatic so found by inquisition, and is not a person in respect of whom an order has been made under section 68 of the Lunacy Regulation (Ir.) Act, 1871, or a person of weak mind temporarily incapable of managing his affairs for whom a guardian has not been appointed under section 103 of said Act of 1871, no registration in the proceeding that might prejudice his right shall be made until he is represented therein by a guardian appointed by the court to represent him, or notice of the transaction is given to the general solicitor for lunatics.

Deeds and documents.

179 Lodgment of deeds subject to lien.

179. (1) If a person who claims to have a lien by way of equitable mortgage on a document in his possession is required by an applicant for first registration of ownership, or for cancellation of a notice of equities, to produce it at the Registry, or is required by the Registrar to show cause why it should not be produced, he may lodge it in the Registry subject to his lien.

(2) A person lodging a document under this rule subject to a lien created by its deposit shall lodge therewith a claim for lien to the effect of Form 81, signed by himself or his solicitor.

(3) The lien of a person lodging a document under this rule shall include the costs of its lodgment.

(4) No registration that may defeat or prejudice the lien shall be made until the lien, if admitted, is satisfied or provided for, or, if not admitted, until the existence or validity of the lien is determined, and, if established, satisfied or provided for.

180 Documents to be retained in Registry and that may be delivered.

180. (1) Any of the following documents relating to registered property may be returned to the person who would be entitled to the custody thereof, if the property was unregistered, upon delivery at the Registry of an attested copy thereof, or on payment of the fee chargeable for a certified copy thereof—

(i) An instrument dealing with registered and unregistered property.

(ii) A subsisting settlement, an instrument containing subsisting trusts, and an instrument appointing trustees of a subsisting settlement, or of an instrument containing subsisting trusts.

(iii) A subsisting lease, fee farm grant, or counterpart lease or fee farm grant.

(2) The attested or certified copy shall be filed for reference in substitution for the instrument so delivered, and on future dealings may be accepted as sufficient evidence of the document and its contents.

(3) Except as in these rules otherwise provided, all other instruments on which an entry in a register is made shall be retained in the Registry. They shall be filed in the central office of the Registry and shall not be taken from it, except on the written authorisation of the Registrar and on such terms as he shall specify therein, or on an order of the Court.

181 Delivery of documents relating to unregistered property.

181. Documents in the Registry relating to unregistered property only may, in default of application by and after notice to the person who lodged them or his personal representatives, be delivered to the person appearing to the Registrar to be entitled to the custody thereof on his application therefor.

182 Endorsement of documents delivered.

182. No original deed under which property or a disposition of property has been registered shall be delivered from the Registry until an endorsement has been made on it showing clearly, in such manner as the Registrar may direct, the property therein subject to the provisions of the Act, and the interest in the property affected by the registration.

183 Delivery to solicitor for production in court or taxation purposes.

183. The Registrar may deliver to the solicitor for the registered owner of property an instrument dealing with the property, except an instrument of charge or dispositions of it, on the solicitor certifying in writing that its production is required in a court on the hearing of some cause or matter, or before a taxing master for the purposes of a taxation, and on his personally undertaking in writing to return it to the Registry within a time to be fixed by the Registrar.

184 Transmission of documents to Circuit Court.

184. The Registrar may transmit an instrument filed in the Registry to the Local Registrar of a County for production in the Circuit Court on the hearing of a cause or matter relating to the property the subject of the instrument—

(i) if the registered owner of the property the subject of the document, or his personal representative, or successor in title, is a party in the cause or matter;

(ii) if the applicant is entitled to its inspection under these rules, and is a party to the cause or matter;

(iii) if the registered owner of the property the subject of the document consents to its transmission;

(iv) if the proceedings in the court are proceedings under the Act relating to the property the subject of the document.

185 Application for transmission of document to a Local Registrar.

185. (1) An application for transmission of a document to the Local Registrar shall be to the effect of Form 82, and shall be lodged in duplicate. If the application is made by a person other than the registered owner of the property the subject of the document, notice of it and of the transmission of the document shall be given to the owner.

(2) The document shall be returned to the Registry not later than the termination of the Circuit Court sittings for the division of the county in which the cause or matter for which it was requisitioned is entered for hearing. If the hearing is adjourned, a further application for its retransmission to the Local Registrar for the adjourned hearing shall be made.

186 Local Registrar. custodian of document transmitted.

186. (1) The Local Registrar shall hold any document transmitted to him under the foregoing rule solely for its production on the hearing of the cause or matter for which it is requisitioned, and, except the court otherwise directs, shall not permit its inspection by any person other than those authorised by Rules 187 and 188, until it is admitted in evidence by the court.

(2) When the document has been transmitted on the application of any person other than the registered owner of the property the subject of the document, its production shall be subject to the ruling of the court on any objection by the registered owner to its inspection or admission in evidence.

Inspection of documents.

187 Right to inspection of filed documents.

187. The registered owner of property, and any person authorised by such owner, or by an order of a court, or by these rules, but no other person, may inspect a document filed in the Registry on a dealing or transaction with the property of the owner.

188 Persons other than owner entitled to inspect filed documents.

188. (1) Any person who would be entitled to inspection of a document relating to property, if its ownership was not registered under the Act, and the document was in the possession of the person by law entitled to the custody thereof, shall be entitled to inspect the document, if filed in the Registry.

(2) An affidavit of judgment deposited in the Registry pursuant to the Judgment Mortgage (Ir.) Act, 1850, as amended by the Act, may be inspected by any person so long as notice of its deposit is uncancelled in a register.

(3) A memorandum of a lis pendens, bond, recognizance or inquisition filed in the Registry may be inspected by any person so long as the entry relative to it remains uncancelled in a register.

(4) An application, assent, affidavit, or transfer, made pursuant to Rules 88 to 92 inclusive by a personal representative of a deceased owner of property that vested in the personal representative may be inspected by a devisee or other person, except a creditor, having an interest in the property under the owner's will, or, where the owner died intestate, by a person in whom a beneficial interest in the property devolved on the intestacy, or by a person who satisfies the Registrar that he is the successor in title of one of such persons.

(5) An instrument filed in the Registry under Rule 135 (5) may be inspected by the person by whom it was lodged or by any person who satisfies the Registrar that he is entitled to the benefit of a right created by the instrument.

(6) Where registration is made in a register by reference to the contents of an instrument, any person inspecting the register may inspect the instrument to which reference is made.

189 Copies of filed documents.

189. Any person entitled to inspect a document filed in the Registry may obtain a copy of it.

190 Inspection in special circumstances.

190. The Registrar may, in special circumstances and on such terms as he shall think fit, permit a person to inspect a document filed in the Registry; for instance, when he is satisfied that the inspection is not for a purpose adverse to the interests of a registered owner who is out of the jurisdiction, or who is dead, and whose consent, or the consent of his personal representative or successor in title, cannot be obtained without undue expense or delay.

191 Inquiries prior to inspection.

191. Before allowing inspection of a document by a person claiming inspection under rule 188, the Registrar may make such inquiries and give such notices as he may think fit.

Searches in the Registers and in the Registry Map.

192 Official searches.

192. (1) Any person may apply to the Registrar to make an official search and to certify:—

(i) Whether a named person is entered in the registers as the registered owner of freehold land, or of a leasehold estate, or of a right whose ownership is registered in a register of subsidiary interests, and, if so, the Folio of the register in which the ownership appears.

(ii) Whether the ownership of a parcel of land, to be identified by a plan drawn on a section of an ordnance sheet, is entered in the register of freeholders, or whether the ownership of any leasehold estate, or right in or to the parcel is entered in the register of leaseholders or a register of subsidiary interests.

(2) The requisition for the search shall be in Form 83, or 84. as the case may require.

(3) The certificate of the result of the search shall be to the effect of Form 85 or 86, as the case may require.

193 Solicitor not liable for error in official search.

193. A solicitor or other person who obtains an official search shall not be answerable for loss that may arise from any error therein.

194 Application by telegraph or telephone for search.

194. (1) A solicitor may apply by telegraph or telephone, and any other person may apply by telegraph, to the Registrar at the central office, to search whether an entry had been made in a specified Folio of a register affecting—

(i) The ownership of the property entered therein since the day of the issue of the land certificate, or certificate of title, or other date to be named, or

(ii) the ownership of a specified charge since the day of the issue of the certificate of charge, or other date to be named.

(2) The applicant shall give the following particulars:—

(i) the county in which the property is situate, the Folio number of the register in which it is entered, and the name of the registered owner,

(ii) if the search is for an entry affecting a charge, a description of the charge sufficient to identify it in the register of the property charged,

(iii) the date from which the search is to be made,

(iv) the name and address of the person to whom the answer is to be sent.

(3) If the application is by telephone, it shall be confirmed by letter sent on the same day to the Registrar, and the search fee, and post office fee for the telephone reply shall be sent with the letter.

(4) If the application is by telegram, the fee for the search shall be sent by post office money order with the telegram, and the reply shall be prepaid.

195 Replies to requisition for search by telephone or telegraph.

195. (1) A search applied for by telegram or telephone shall be made forthwith, and the result—"Yes" or "No"—shall be sent by telegram or telephone, as the case may be, to the applicant, repeating the county and Folio number of the register, and the date from which the search begins, and, in the case of a charge, its description.

(2) The result, if sent by telephone, shall be confirmed in writing sent on the same day from the Registry.

(3) The Registrar may refuse to make a search applied for by telephone, if the applicant has not paid the fees chargeable on a previous application by him by telephone.

196 Searches by public.

196. Any person may search in the Registry Map, the index of names, the index of lands, and the registers, in the hours during which the Registry is open to the public, on payment of the prescribed fees.

Proceedings in the Registry.

197 Proceedings not to abate.

197. In case of a death, or transmission or change of interest, pending an application for registration, the proceedings shall not abate, but may be continued by any person entitled to apply for registration who desires to adopt them.

198 Evidence in proceedings.

198. Evidence in any proceeding in the Registry may be given by affidavit, or, except where the Act prescribes an affidavit, by statutory declaration, and the Registrar may, if he thinks fit, take evidence viva voce before him on oath, and administer the oath.

199 Affidavits on proceedings.

199. (1) An affidavit or statutory declaration for the purpose of any proceeding in the Registry may be sworn or taken before the Registrar, deputy Registrar, or an assistant Registrar, or before a commissioner of the peace or any person authorised by law to administer oaths in proceedings in the High Court or Circuit Court.

(2) An affidavit for use in proceedings in the Registry shall be entitled as in Form 1 or 17, as the case may require, and shall comply generally with the provisions relative to form, jurat, interlineations, alterations, and erasures, in the rules of the High Court concerning affidavits for use in that Court.

200 Form of notices issued.

200. (1) Every notice issued from or sent by the Registry (except notices of the receipt of instruments or applications, or of completion of registration, or formal notices of a like description) shall fix a time within which any act or step required to be done or taken by the notice is to be done or taken, and shall state what will be the consequences of any omission to comply therewith.

(2) The notice shall also state in what manner, and within what time, an answer, objection, or other communication, if any, arising out of the notice is to be made, and the address at or to which it is to be delivered or sent.

201 Service of notices.

201. (1) Every notice required by the Act or these rules to be given to any person may be sent through the post in an unregistered letter, unless the Registrar directs that it be sent by registered letter, or that personal service be made.

(2) Every notice sent through the post shall be sent by the Registry, and the envelope containing the notice, whether registered or unregistered, shall be marked on the outside "from Land Registry, Chancery Street, Dublin."

202 Service through the post.

202. Every notice sent through the post shall, in the absence of evidence to the contrary, be deemed to have been received by the person to whom it is addressed within three days, exclusive of the day of posting, and if the address is not within Saorstát Eireann, within such time to be stated in the notice, as the Registrar may fix; and the time fixed by the notice for taking any step thereunder shall be calculated accordingly.

203 Procedure on return of notice sent by post.

203. On the return by the post office of a letter containing a notice, the Registrar may require some other notice to be given, or may authorise substituted service of the notice; or he may proceed without further notice, if in the circumstances, he thinks fit to do so.

204 Personal service of notice, summons or order.

204. (1) Personal service of a notice, or of a summons by or order of the Registrar, shall be made by delivering the notice or summons, or, in case of an order, a sealed copy thereof to the person on whom service is directed. The service shall be proved by affidavit.

(2) Where personal service cannot be made, or is shown to be not reasonably practicable, the Registrar may order such substituted service as he may deem sufficient in the circumstances of the particular case.

205 How questions determined.

205. If any question, difficulty, or dispute, arises during an investigation of title, or registration, or other proceeding in the Registry, the Registrar may give notice to all persons interested to attend before him on a day and at a time to be stated in the notice for the consideration of the matter, and at the time appointed he shall either decide the question, or, if he entertains a doubt thereon, refer it to the court for its decision.

206 Summons by Registrar.

206. (1) A summons by the Registrar under section 10 of the Act shall be in Form 87.

(2) When the summons is served upon any person not bound to attend at his own expense, the affidavit proving service of the summons shall also prove that the reasonable expenses of the attendance of the person summoned have been paid or tendered to him.

(3) The reasonable expenses of the attendance of any person on a summons in relation to a registration shall be part of the costs of the applicant in the matter.

207 Powers of Registrar.

207. The Registrar shall have the powers conferred on him by sections 10 and 67 of the Act in all proceedings in the Registry for the registration of an ownership of property or a burden thereon, or which involve an examination of title outside the registers.

208 Cost of proceedings before Registrar.

208. (1) The costs of any proceedings on a hearing before the Registrar shall be in his discretion, and he may direct by and to whom they are to be paid.

(2) Subject to the provisions of section 72 (2) of the Act, and unless the parties otherwise agree, the costs shall be taxed by a taxing master of the High Court.

209 Order for costs, how enforced.

209. An order by the Registrar for the payment of costs may be enforced in the manner provided by section 15 of the Act for enforcement of orders of the Registering Authority.

210 Decisions of Registrar, how recorded.

210. (1) Every decision of the Registrar refusing to enter an ownership, burden, notice, or other entry applied for, in a register shall be made by ruling signed by him, and entered in a ruling book to be kept for the purpose.

(2) Every other decision of the Registrar (not being an order) shall be entered as a ruling in the ruling book on the application of any person desiring to appeal therefrom.

(3) Every ruling shall refer to the documents on which it was made, and shall state the grounds of the decision given.

211 Reference of questions to court.

211. (1) An order of the Registrar referring a question of law or fact to the court, or directing an application to be made to the court under section 16 (2) of the Act, shall have annexed thereto a memorandum signed by him, which shall contain a concise statement of the material facts and documents on which the question referred to the court arises.

(2) The order shall state the question of law or fact for determination of the court and shall direct by whom the matter is to be brought before the court, and the persons to whom notice of the application to the court is to be given.

(3) If it appears to the Registrar that there has been undue delay in having a matter referred by him to the court brought before the court for its decision, he may transfer the carriage of the proceedings under his order from the person to whom it was given to some other person interested therein, or he may rescind his order and treat the proceedings in which the reference was made as abandoned.

212 General powers of Registrar.

212. The Registrar may, in any particular case, extend the time limited or relax the regulations made by these rules, and may, at any time, adjourn any proceedings and make a new appointment; and if at any time he is of opinion that the production of further documents or evidence or the giving of any notice is necessary or desirable, he may refuse to proceed until the documents, evidence, or notice, have been supplied or given; and he shall have a discretionary power in all merely formal matters.

213 Power to treat proceedings as abandoned.

213. When no step has been taken for a period of one month in a matter pending in the Registry, the Registrar may give notice to the applicant or his solicitor that the matter will be treated as abandoned unless duly proceeded with within a time (not less than one month) to be stated in the notice; and on the expiration of that time he may treat the matter as abandoned, if it has not been proceeded with.

PART V.

THE INSURANCE FUND AND COMPENSATION THEREOUT.

214 The Insurance Fund.

214. At the end of each financial year the Minister for Finance shall transfer to the persons nominated for that purpose under the Act (in this part of these rules called "the trustees") such proportion of the total sum received on the sale of Land Registry stamps during that year, not being stamps paid for additional insurance fees paid under these rules, as he may determine to be adequate, with the additional insurance fees paid under these rules, to provide the fund for such compensation as may be payable under section 93 of the Act. The moneys so received by the trustees, together with the additional Insurance fees paid under these rules, and any funds or proceeds of property paid or transferred to the trustees under these rules and the growing produce thereof, shall constitute the Insurance Fund applicable to the purposes mentioned in section 93 of the Act.

215 Compensation for errors caused by limitation of period for deducing title.

215. No rule prescribed under the Act that limits the period for which title may be shown by an applicant for first registration of ownership, or for the cancellation of a notice of equities or of possessory title in the registers, shall prejudice or defeat the claim of any person to compensation out of the Insurance Fund for loss caused by an incorrect registration of ownership in the registers, or by the non-registration or incorrect registration of a burden therein, where the non-registration or incorrect registration or the omission would have been ascertained, if title had been shown for the period necessary for it to be deduced but for the rule; and the trustees shall not rely on the rule as a defence to such a claim.

216 The measure of the indemnity.

216. The compensation out of the Insurance Fund applicable in indemnification of any person for loss sustained shall be ascertained as follows:—

(i) If an estate or interest in property is lost, the measure of the indemnity shall be the value of the estate or interest lost.

(ii) If loss of an estate or interest in property has also reduced or depreciated the value of the estate or interest of the claimant in adjoining property, the measure of indemnity shall be the difference between the value of the estate or interest of the claimant in the property lost and his adjoining property, if sold as one property, and the value of his estate or interest in his adjoining property as a separate property.

(iii) If the estate or interest of a claimant in property has been reduced or depreciated, as, for instance, by his registration as limited owner instead of as full owner, or by the incorrect registration of a burden, the measure of indemnity shall be the difference between the value of the estate or interest of the claimant as registered, and the value of the estate or interest to which he would have been entitled but for the error made, or the entry obtained by forgery, or fraud.

(iv) If a charge or other burden is lost, the measure of indemnity shall be the value of the charge or burden if the error, or the entry by forgery, or fraud, had not been made or obtained.

(v) If the value of a charge or other burden has been reduced or depreciated, as, for instance, by its entry in a register in wrong priority, the measure of indemnity shall be the difference between the value of the charge or other burden as registered and its value if the error, or entry by forgery or fraud, had not been made or obtained.

(vi) If an error of the registering authority is rectified by the court, the costs and expenses properly incurred by a claimant in obtaining the rectification shall be deemed a loss sustained by him by reason of the error.

(vii) The costs and expenses properly incurred by a claimant in establishing a claim to compensation and in obtaining payment thereof shall be deemed part of the loss sustained by him.

(viii) The value of an estate or interest in property or of a charge or burden on property shall, for the purposes of compensation, be its market value at the time when the error of the registering authority, or the entry obtained in the register by forgery or fraud, was made.

217 To whom application for compensation made.

217. Every application for compensation out of the Insurance Fund shall be made in writing to the trustees and shall be sent to the chief state solicitor.

218 Contents application.

218. Every application shall be signed by the claimant or his solicitor and shall contain:—

(i) Particulars of the property for the loss of which compensation is claimed.

(ii) Particulars of the error, or of the forgery or fraud, on which the claim is based.

(iii) Particulars of the loss.

(iv) An address in Saorstát Eireann to which all notices and communications to the claimant may be sent.

219 Reference of application for report.

219. Every application shall be referred by the trustees to the Registrar to ascertain and report:—

(i) Whether the error was made, or the entry obtained by forgery or fraud; and if made, whether the error or entry is one against which the Insurance Fund is an indemnity.

(ii) Whether the claimant caused or substantially contributed to the loss by any act, neglect, or default of himself or his agent.

(iii) Whether the compensation (if any) payable is applicable in discharge of an incumbrance affecting the estate or interest of the claimant in the property, for which the compensation is claimed.

(iv) Whether any person has caused, or derived advantage from the claimant's loss, who may be liable under section 93 (5) of the Act for any compensation paid.

220 Procedure on reference.

220. (1) The Registrar shall send notice of the reference to the claimant and all persons appearing to him to be interested in the application. The notice shall appoint a day and hour for the parties or their solicitors to attend for directions relative to the inquiries to be made and the proofs to be given concerning the matters referred for investigation.

(2) On any reference and the proceedings thereon the Registrar shall have the powers conferred on him by the Act and these rules in connection with proceedings for registration, including the powers conferred by sections 10 and 14 (2) of the Act.

(3) Notice shall be sent to the trustees of every appointment made or given by the Registrar on a reference.

221 Report of Registrar.

221. (1) The Report of the Registrar shall be signed by him and filed in the Registry. A copy shall be transmitted to the trustees and the claimant; and notice of its filing shall be sent to such other persons as the Registrar may direct.

(2) Every person to whom notice of the filing of a report is sent shall be entitled to inspect the report and obtain copies thereof.

222 Reference of a question to the court.

222. (1) The trustees or the claimant may, by notice in writing delivered at the Registry, notify the Registrar of their or his objection to any finding in a report, or of a disagreement between them about the amount of the compensation payable. The notice shall state the ground of the objection, or the disagreement.

(2) When notice of objection or disagreement is given, the Registrar shall, unless the parties otherwise agree, refer the question of law or fact in dispute to the court for its decision; and the procedure prescribed by these rules for the reference by the Registrar of a question of law or fact to the court shall apply.

223 Costs of reference to court.

223. The costs of a reference to the court shall be in its discretion, and shall be paid by and to such persons as it may direct.

224 Claimant may be required to value his property as depreciated.

224. When it is claimed that the loss of property has also reduced or depreciated the value of adjoining property of a claimant, the trustees may require him to value his estate and interest in the adjoining property, and in satisfaction of his claim may pay to him the difference between his valuation and the value of his estate and interest in the property lost and the adjoining property treated as one property, or, at their option may pay to him the value of the whole property on the claimant transferring to them his estate or interest in the adjoining property.

225 Valuation of depreciated interest in property.

225. If the value of a claimant's estate or interest in property is reduced or depreciated, the trustees may require him to value his estate or interest as reduced or depreciated, and, in satisfaction of his claim, may pay to him the difference between his valuation and the value of his estate or interest in the property if the error, or the entry obtained by forgery or fraud, had not been made, or at their option may pay to him, the last mentioned value on the claimant transferring to them all his estate and interest in the property.

226 Transfer of securities to trustees on payment of charge.

226. If the compensation payable to a claimant for the loss of a charge is the full amount due on foot of it for principal, interest, and costs, the claimant shall on payment thereof, transfer to the trustees all rights remedies and securities, collateral or otherwise, that he may have or hold as security for the moneys secured by the charge.

227 Valuation of securities.

227. If the compensation payable to a claimant for loss of a charge is not the full amount due thereon for principal, interest, and costs:—

(i) the trustees may, on payment of the compensation, require the claimant to covenant with them—

(a) that he will account to them for all moneys that he may receive under any covenant or other security for payment of the moneys due on the charge;

(b) that he will enforce his other remedies and securities, and

(c) that he will pay to them out of the total moneys received by way of compensation and under his other remedies and securities, any sum in excess of the sum due to him for principal, interest and costs and, if the trustees so require, he shall give such security for the due performance of his covenants as the Registrar may fix, or

(ii) the trustees may, at their option, pay to the claimant the full amount due on foot of the charge for principal, interest, and costs on a transfer being made to them by the claimant of all rights, remedies, and securities, collateral or otherwise, that he may have or hold as security for the amount so paid.

228 Action by Registrar.

228. The Registrar shall take such proceedings for enforcing any right vested in him by section 93 (5) of the Act as the trustees may from time to time require, and all sums recovered in the proceedings shall be paid to the trustees and shall form part of the Insurance Fund.

229 Application of moneys recovered by the trustees.

229. All sums recovered by the trustees by the disposal or realisation of any property or security transferred to them pursuant to the foregoing rules shall form part of the Insurance Fund.

230 Costs of Registrar and trustees.

230. The costs incurred by the Registrar in proceedings incurred by him at the request of the trustees, and the costs of the trustees in disposing of or realising any property or security, or in connection with any application for compensation shall be payable out of the Insurance Fund.

231 Trustees' right of inspection.

231. The solicitor for the trustees shall be entitled to inspect and obtain copies of all documents and records in the Registry relating to property in respect of which a claim for compensation is made to the trustees.

PART VI.

STATUTORY MODIFICATIONS OF THE ACT.

Adaptation of the Act to registrations in the register of leaseholders.

232 Leaseholders.

232. (1) In the application of the Act to registrations in the register of leaseholders, its provisions with respect to the registration of an owner of freehold land, to the transfer and transmission of such land, to defeasances of estates therein, and to charges on and other dealings with such land, are hereby modified in the manner and to the extent necessary for them to be read as set out in this rule, that is to say:—

(i) In section 28 (1), the words "a leasehold estate in land" shall be substituted for the word "land", and the words "the person, not being a mortgagee, in whom the term of the leasehold estate is vested in possession" for the words "tenant in fee-simple".

(ii) In section 28 (2), the words "tenant in tail or" shall be omitted.

(iii) In section 30, sub-sections (1) and (2), the words "a leasehold estate in land" shall be substituted for the word "land", and the words "the term of the leasehold estate" for the words "an estate in fee-simple".

(iv) In section 36, sub-sections (1) and (2), the words "the leasehold estate" shall be substituted for the words "an estate in fee-simple in the land" in sub-section (1), and the words "the estate in fee-simple" in sub-section (2).

(v) Subject to the foregoing, the words, "leasehold estate" or "leasehold estates", or "a leasehold estate" or "the leasehold estate" shall be substituted for the words "land", "lands", or "freehold land" where they occur in said provisions, as and where the context requires or admits.

(2) The expression "leasehold estate" in this rule has the same meaning as in section 53 of the Act.

Adaptation of the Act to registrations in the subsidiary registers of rights.

233 Subsidiary registers in central office only.

233. The central office shall be the sole office for registration of the ownership of rights in subsidiary registers in Saorstát Eireann and such registers shall be kept and maintained there only.

234 Incorporeal hereditaments of freehold tenure.

234. The provisions in Parts II, III and V of the Act relating to the registration of the title to land, except those relative to compulsory registration, and those in sections 27 (2), 29 and 49, shall apply to registrations in subsidiary registers of the title to all incorporeal hereditaments of freehold tenure that may be registered therein pursuant to section 54 of the Act, with the following modifications:—

(i) The word "land", or "lands", or "freehold land", where they occur in such provisions, and the context so requires, shall include incorporeal hereditaments of freehold tenure.

(ii) The title conferred by the registration of an owner of such a hereditament, or by the registration of an owner of a charge thereon, whether registered on first registration or under subsequent disposition—

(a) shall be subject to the conditions in the grant (if any) creating the hereditament,

(b) shall not extend to or warrant the title of the grantor of the hereditament, or affect or prejudice the enforcement of any estate, right, or interest, affecting or in derogation of his title to make the grant creating the hereditament, unless the registering authority, after inquiry into title, shall note in the register that the title to make the grant is good;

(iii) The burdens specified in clauses (b), (c), (d) and (i) of section 47 shall be excluded from that section in its application to such a hereditament, and estate duty and the rights specified in clause (ii) (a) and (b) hereof shall be included therein as burdens to which though not registered such a registered hereditament is subject.

235 Rights not being incorporeal hereditaments of freehold tenure.

235. The provisions in Parts II, III and V of the Act relating to the registration of the title to land (except those relative to compulsory registration, to the registration of limited ownerships, to the transfer of land, and to burdens which are, without registration, to affect registered land) and the provisions of section 41 relative to the transfer of charges, shall apply to registration in subsidiary registers of the title to all rights other than incorporeal hereditaments of freehold tenure that may be registered therein pursuant to section 54 of the Act, with the following modifications:—

(i) The words "right", or "a right", or "rights", or "the rights", or "a registered right", or "the registered right", shall be substituted, as the context may require, for the words "land", or "lands" or "freehold land"; and in section 41 the word "right" shall be substituted for the word "charge".

(ii) The word "owner" shall be substituted for the words "full owner" in said provisions.

(iii) The person who may be registered as the owner of such a right shall be the person (not being a mortgagee) in whom the right is vested absolutely, whether for his own benefit or as a trustee, and section 28 shall be read as modified accordingly.

(iv) The words "the right" shall be substituted for the words "an estate in fee simple in the land" in section 30 (1).

(v) The title conferred by registration on the owner of such a right shall not affect or prejudice the enforcement of any other right affecting the property on which the registered right is a burden that ranks in priority to or is in derogation of the registered right and subsisting or capable of arising at the time of the first registration thereof.

(vi) The registration of an owner of a right specified in clauses (h) or (i) of section 45 (1) shall not be a warranty that the right is a valid burden on the property described in the register as affected by the right.

(vii) All the burdens in section 47, except succession duty, shall be excluded from that section in its application to such a registered right, and estate duty and the rights specified in clause v hereof shall be included therein as burdens to which, though not registered, such a registered right is subject.

Adaptation of the Act pursuant to section 15 of the Small Dwellings Acquisition Act, 1899 and section 58 of the Land Act, 1923 .

236 Possessory and qualified titles.

236. Where an application is made by a Local Authority under section 15 of the Small Dwellings Acquisition Act, 1899, or under section 59 of the Land Act, 1923 , or by the Land Commission or the Commissioners of Public Works under section 58 of said Act of 1923, for the registration of a person as owner in the register of owners of freehold land or the register of leaseholders, the provisions of the Act relative to the registration of title to land (as modified in the case of registration in the register of leaseholders, by rule 232) shall apply with the following modifications, which shall have effect:—

(i) If a possessory title only is shown, the registering authority shall, on registering the owner, enter notice in the register that the registration does not prejudice or affect the enforcement of any estate, right, or interest, adverse to or in derogation of the title of the owner so registered, and subsisting or capable of taking effect at the time of his registration.

(ii) If a qualified title only is shown, as for instance, for a limited period, or subject to certain reservations, the registering authority shall, on registering the owner, enter notice in the register that the registration does not prejudice or affect the enforcement of any estate, right, or interest, arising before the period stated, or under the instrument specified in the note, or otherwise particularly described therein.

(iii) So long as such a notice remains uncancelled in the register of the ownership of the property to which it relates, the provisions of section 47 of the Act relative to burdens which are, without registration, to affect registered land, shall apply to every estate, right, and interest, referred to in the notice as if such estate, right, or interest, was expressly declared by that section to be one of the burdens to which, though not registered, all registered land is subject.

(iv) Registration of ownership under the Act with the notice in the register specified in the foregoing provisions shall not have the effect of exempting from the provisions of the Acts relating to the Registry of Deeds any estate, right, or interest, in the property referred to in the notice as exempted from the effect of the registration.

(v) On the cancellation on the prescribed application of a notice of the exemption of estates, rights, or interests from the effect of registration, its entry in the register shall cease to have any force or effect, and the provisions of section 47 shall cease to apply to any estate, right or interest that was protected by the notice.

Adaptation of the Act pursuant to section 57 (1) of the Land Act, 1923, and regulations on the exchange of holdings under section 46 of that Act.

237 How exchange under the section effected.

237. Where, pursuant to section 46 of the Land Act, 1923 , a transfer is made to the Land Commission of a holding (in this part of these rules called "the original holding") in exchange for another holding (in this part of these rules called "the new holding")—

(i) The transfer of the original 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 it.

(ii) The vesting order or other instrument effecting the transfer of the new holding shall state the Land Purchase Annuity (if any) to which it is subject and shall refer to the Folio number of the register of the original holding.

(iii) The instruments transferring the holdings shall be lodged in the Registry on the same day.

238 Effect of registration on exchange

238. On the registration of the Land Commission as owner of the original holding, the person who was the registered owner of it when the transfers were lodged shall be registered as full or limited owner of the new holding, according as he was full or limited owner of the original holding; and there shall be entered in the register of the new holding the burdens (other than burdens discharged under the Act of 1923 by the transfer) that appear in the register of the original holding, which shall, thenceforth, be subject to the burdens so registered, and to any burdens that, without registration, affect it.

239 The notice of equities to be entered.

239. If it appears from the register that the burdens arising from the interest vested in the purchaser of the original holding under the Purchase of Land (Ireland) Acts being deemed to be a graft on his previous interest in that holding, have not been ascertained, notice shall be entered in the register of the new holding that the ownership registered is subject to the equities (if any) arising from the interest vested in the owner then registered being deemed to be a graft upon the interest of the tenant of the original holding prior to its purchase under the Purchase of Land (Ireland) Acts, and the provisions of the Act as to burdens to which, though not registered, all registered land is declared by the Act to be subject, shall apply to the equities referred to in the notice.

240 Notices to be given.

240. On the registration of the ownership of the new holding the registering authority shall send notice to all persons appearing from the register of the original holding to be owners of burdens transferred to the new holding, of the transfer of their burdens to the new holding and of their registration thereon.

PART VII.

SOLICITORS' COSTS.

241 Solicitors remuneration Order as modified to apply. 

241. (1) In this part of these rules the expression "The order of 1884" means the general order dated the 16th April, 1884, made pursuant to the Solicitors' Remuneration Act, 1881, as varied by the general orders under the said Act dated 17th May, 1920 and the 15th November, 1920, or any order hereafter to be made thereunder.

(2) The remuneration of a solicitor for conveyancing or other business with registered property, not being business in any action, or transacted in any court or in the chambers of any judge or master, shall be regulated by the order of 1884 as modified in this part of these rules.

242 Sales, purchases and mortgages.

242. (1) The provisions of clause (2) (a) of the order of 1884 shall be modified as follows:—

(i) Where the property has a notice of equities or of possessory title in the register that cannot be cancelled except after the examination of title prescribed by rules 37 and 38 of these rules—

(a) the remuneration of the vendor's or mortgagor's solicitor shall be the charges on scale 1 of Schedule I to said order provided such title shall have been shown as would enable the purchaser or mortgagee to have the notice cancelled in the register;

(b) the remuneration of the purchaser's or mortgagee's solicitor shall be the charges on said scale provided an application to cancel the notice is made when registration of the ownership, or the mortgage charge, is applied for, and effect is given to the investigation of the title made on the sale or mortgage by the cancellation of the notice in the register. The remuneration shall cover all charges in connection with the cancellation of the notice.

If cancellation of the notice in the register is not applied for and obtained, the remuneration shall be two-thirds of the charges on said scale.

(ii) Where the property has a notice of equities or of possessory title in the register that cannot be cancelled except after the examination of title prescribed by rules 37 and 38 of these rules, and such title as would enable the purchaser or mortgagee to have the notice cancelled in the register shall not have been shown, the remuneration shall be one-half of the charges on the scale in Part I Schedule I of said order.

(iii) Where the property has no notice of equities or of possessory title in the register, or a notice thereof that may be cancelled on an application under rule 34, 35 or 36 of these rules, the remuneration shall be one-half of the charges on the scale in Part I of Schedule I to said order. The cancellation of such a notice in the register shall be deemed to be part of the business in connection with the sale or mortgage, and the solicitor obtaining its cancellation shall also be entitled to the remuneration therefor prescribed by rule 244 (ii).

(iv) Before undertaking a sale or purchase a solicitor may by writing under his hand, communicated to his client, elect that his remuneration for the business shall be the scale of charges under Schedule I of Part I of said order calculated on the value of the property ascertained in the manner prescribed by rule 245 of these rules.

(2) In respect of all sales, purchases, or mortgages, completed, or not completed, for which the remuneration prescribed by the foregoing provisions of this rule is not chargeable, the remuneration shall be that prescribed by clause 2 (c) of the said order.

(3) The rules applicable to Part I of Schedule I to said order shall be modified as follows:-

(i) The charge for approval of a draft on behalf of several parties having distinct interests proper to be separately represented shall be one-half of the charge authorised by rule 4 of said rules.

(ii) Where the scale of charge is calculated on value rule 9 of said rules shall not apply.

243 Leases and Fee Farm grants.

243. The provisions of clause 2 (b) of the order of 1884 and of Part II of Schedule 1 and the rules applicable thereto shall be modified so that where the conveyance or lease is partly in consideration of a money payment or premium, the further remuneration chargeable on such payment shall be ascertained as prescribed in rule 242 hereof, and rule 5 in Part II of Schedule 1 to said order shall be read accordingly.

244 Other business.

244. (1) The provisions of clause 2 (c) of the order of 1884 shall be modified as follows:-

(i) For all charges on any transfer (not being a transfer on sale) by a registered owner, or his personal representative where the property vests in the personal representative, including charges for instructions and for the drawing, engrossing, execution, and completion of the instrument and any consent, affidavit, or statement required in connection therewith, and for the registration of the ownership and burdens (if any) created, and the discharge of burdens (if any) discharged, to give effect to the transfer, the remuneration to the solicitor for the transaction completed shall be that prescribed in Part I of the schedule of costs to these rules.

(ii) For all charges in connection with an application for the cancellation of a notice of equities or of possessory title in a register that may be cancelled on an application under rule 34, 35 or 36, the remuneration to the solicitor who obtains the cancellation shall be that prescribed in Part II of the schedule of costs to these rules.

(iii) On a transfer by a registered owner (not being a transfer on sale), and on a transmission on the death of such an owner, the cancellation in the register of a notice of equities that may be cancelled on an application under rule 34 or 35 shall be deemed to be part of the business of the solicitor in connection with the transfer or transmission, and, if obtained when registration under the transfer or transmission is applied for, the charge therefor above prescribed shall be chargeable as part of the charges for such business.

(iv) The costs of an applicant or a judgment creditor for which an order of the Registrar may issue under rule 117 (6) in connection with an application under said rule for the cancellation of a notice in the register of the deposition of an affidavit of judgment shall be those prescribed in Part III of the schedule of costs to these rules. These costs shall be exclusive of any costs of or incidental to an application to the court on a reference under rule 117 (5).

(2) Except as provided by the foregoing provisions hereof, the remuneration for business with registered property to which clause 2 (c) of the order of 1884 applies shall be as prescribed by said clause.

245 Meaning of " value " in schedule of costs.

245. " Value " in the schedule of costs to these rules means, at the option of the solicitor claiming the remuneration:-

(a) Twenty-five times the rateable valuation of the property the subject of the transaction, if it is rateable and has been valued under the Valuation Acts, or

(b) the capital value of such property as ascertained by a Taxing Master, or

(c) the purchase money advanced in respect of the property under the Purchase of Land (Ireland) Acts, or the Small Dwellings Acquisition Act, 1899, or the Labourers Act, 1936 , when the property has been acquired by means of an advance under any of those Acts.

246 Taxation.

246. (1) Costs prescribed by this part of these rules shall, when taxable, be taxed by a Taxing Master of the High Court of Justice and the rules of the High Court relative to taxations shall apply to such costs as if the Land Registry was an office of that court.

(2) In the taxation of costs the Taxing Masters shall have regard to the procedure prescribed by the Act and these rules and shall disallow the costs of any document or part thereof that they may consider unnecessary or prolix having regard to the prescribed forms and the procedure and effect of registration under the Act.

SCHEDULE OF FORMS.—

FORM 1.-Application for first registration of freehold property (Rules 15 and 16).

LAND REGISTRY.

1. I, A. B., of  hereby apply for registration in the register of freeholders as full owner [or, as limited owner] of the land described in the first part of the schedule hereto.

2. I am entitled for my own benefit [or, as trustee under deed dated etc., or, as tenant for life under settlement dated etc., or, as the case may be] to the land, which is subject to the mortgages, charges, leases, tenancies, and other incumbrances, specified in said schedule [or, which is not subject to any mortgage, charge, lease, or other incumbrance.]

3. I am in undisputed possession [or, receipt of the rents and profits] of the land; and there is no person in occupation of it, or any part of it, adversely to my estate therein.

4. I refer to the statement of my title lodged with this application, [to the opinion of counsel thereon, (a)] to a map of the land drawn on a section of an ordnance map, and to the schedule of documents lodged herewith, which is a list of all documents relating to the title in my possession or under my control.

[5. (b) For the protection of the trusts on which I hold the land I apply for the entry of the following inhibition in the register on my registration as owner : see Rule 48 and Form 70.]

Dated the

day of

19

.

Signature of applicant

(Signature of applicant to be attested.)

(a) to be inserted only when opinion of counsel is relied on under Rule 19.

(b) To be inserted only when applicant is a trustee: see Rule 48.

SCHEDULE.

PART 1.—(To contain description of the land, giving area, townland, barony and county, or, if in a city or urban district, the street or road and city or urban district.)

PART 2.-(To contain short particulars of all subsisting mortgages, leases, tenancies, and other encumbrances not being burdens to which sect. 47 of the Act applies.)

Note.-When the application is for first registration of a rent charge or other incorporeal hereditament of freehold tenure, the first paragraph is to be varied by stating that it is for registration of the ownership in a subsidiary register of the hereditament specified in the First Part of the Schedule; and that part is to contain particulars of the hereditament and of the land out of which it issues. If the application is by the original grantee of the hereditament par. 4 is to refer only to the grant.

(a) to be inserted only when opinion of counsel is relied on under Rule 19.

(b) To be inserted only when applicant is a trustee: see Rule 48.

FORM 2.- Application for first registration of Leaseholds (Rules 15 and 17).

LAND REGISTRY.

1. I, A. B. of hereby apply for registration as full owner [or, as limited owner] of the leasehold estate in the land described in the first part of the schedule hereto demised by lease dated the day of from C. D. to E. F. for a term of at a rent of, £

2. I am entitled for my own benefit [or, as trustee under deed dated

or, as tenant for life under settlement dated , or, as the case may be] to the lessee's interest in said lease, which is subject to the mortgages, charges, subleases, tenancies and other incumbrances stated in the second part of said schedule [or, which is not subject to any mortgage, charge, sublease, tenancy, or other incumbrance].

3. as in par. 3, Form 1.

4. as in par. 4, Form 1, unless Rule 17 (i) applies, if it does, omit reference to statement of title.

[5. as in par. 5, Form 1, when necessary.]

Dated the

day of

19

.

(Execution as in Form 1.)

SCHEDULE.

( As in Form 1.)

Note 1.-If Rule 17 (i) applies, an affidavit of discovery in Form 16 should be lodged with the application : see Rule 46.

Note 2.-This form is to be adapted on an application for first registration of ownership in a subsidiary register of a right that is not an incorporeal hereditament of freehold tenure.

FORM 3.-Application by a Local Authority or Department of the State for the first registration of the Authority or Minister or Public Officer as owner where the purchase money of or compensation for the property does not exceed £100 (Rule 20).

LAND REGISTRY.

1. I, , am the solicitor for (insert full and correct description of the Local Authority, Minister of Department or Public Officer or body whose registration is applied for) who is the applicant for registration as owner.

2. I have investigated the title to the property described in the conveyance dated the day of (or other instrument) lodged herewith. The land in or over which the estate or interest acquired by the conveyance (or other instrument) exists is shown on the map endorsed thereon [or, is shown on the ordnance map lodged herewith and thereon edged ]

3. As the result of my investigation of the title, I certify that the conveyance [or, instrument] conveys [or, vests] the fee simple in the lands [or, the lessee's interest in a lease dated the day of from

to in the land for years an attested copy of which is lodged herewith, or, other right acquired in the land] in the applicant, free from any adverse rights or incumbrances, except those subject to which the conveyance [or instrument] expressly conveys the property.

4. The purchase money of [or the compensation for] the property did not exceed £100. The whole of it has been paid to the person [or, persons] entitled thereto or authorised to give receipts therefor.

5. I apply for the registration of the applicant as full owner [and for the registration as burdens of the following rights appearing from the said conveyance (or, instrument) to affect the ownership :—

Dated the

day of

19

.

Signature.

FORM 4.— Application by the Land Commission, or the Commissioners of Public Works, for first registration with possessory title of a holding purchased under the Purchase of Land ( Ir.) Acts (Rule 21).

LAND REGISTRY.

The Land Commission [or, the Commissioners of Public Works] pursuant to sect. 52 of the Land Act, 1923 , hereby apply for the first registration with possessory title of-insert name, address, and description of person to be registeredas full owner of the holding the particulars of which are specified in the schedule hereto being the lands shown on the ordnance sheet accompanying this application edged in thereon and numbered, .

Dated the

day of

19

.

(To be signed by the solicitor for the Commission or Commissioners.)

SCHEDULE.

PART I.

Particulars of holding.

Coll.

No.

County

Barony

Townland

Area

PART II.

Particulars of acquisition of holding.

Title of matter in which holding sold

The tenancy of purchaser as stated in his purchase agreement

Date and short particulars of vesting instrument, i.e., whether conveyance, v. order, or fiat, and name of person in whom holding was vested

Purchase money

Revised annuity

Note.-The certificate required by Rule 21 (2) is to be endorsed on the application.

FORM 5,—Application by a Local Authority for first registration of a purchaser of property under the Small Dwellings Acquisition Act, 1899, as owner with a possessory title (Rule 22 (2) ).

LAND REGISTRY.

1. The Corporation of , [or, The Urban District Council of ,] hereby applies for the registration of C. D.of as full owner with a possessory title to the property described in the accompanying conveyance to him dated the day of , 19. [or, for the registration of each person named in the first column of the schedule hereto as full owner with possessory title to the property conveyed to him by the accompanying conveyance specified opposite his name in the second column of said schedule] and shown on the map(s) endorsed thereon.

2. The property is subject to the charge in favour of the Corporation (or, Council) created by deed dated [or, to the charges in favour of the Corporation (or, Council) set out in the third column of said schedule] accompanying this application.

3. The accompanying schedule of documents is a list of all the documents relating to the title to said property in the Corporation's [or, Council's] possession or control. Said documents are lodged herewith.

Dated the

day of

, 19

.

Signature of solicitor for Local Authority.

(Schedule if necessary).

Note 1.-The certificate required by Rule 22 (2) is to be endorsed on the application.

Note 2.-When registration with possessory title is not desired the Local Authority's application should be in Form 1, or 2.

FORM 6.-Memorial for Registry of Deeds of the registration of property in the Land Registry (Rule 31).

To the Registrar of Deeds.

A memorial of the registration in the Land Registry of the ownership of the person named in the first column of the schedule hereto in the freehold land the particulars whereof are set out in the second column of said schedule, [or, in the leasehold estate under lease dated from AB to CD of the lands the particulars whereof are set out in the second column of said schedule for a term of years at a rent of £   ],

[or, in a rent charge of £ created by grant dated the from A. B. to C. D. out of the lands the particulars whereof are set out in the second column of said schedule]. The ownership was registered on the day of 19 , in the Folio of the register of owners of freehold land [or, of leaseholders, or, of subsidiary rights] specified in the third column of said schedule.

Dated the

day of

19

.

Registry Seal

SCHEDULE.

(1)

(2)

(3)

Name, address and description of registered owner

Townland, Barony and County, or Parish and Town or City in which lands are situate

Folio No. of register in which the ownership appears

FORM 7.-Caution against first registration (Rule 32 (1) ).

LAND REGISTRY.

To the Registrar of Titles.

Notice is to be given to A. B. of of any application that may be made for the registration of an owner of the land [or, the leasehold estate under lease dated from X. to Y. for years in the land, or the rent charge of £ created by grant dated from X. to Y. out of the land] in the County of specified in the schedule hereto.

Dated the

day of

19

.

(To be signed by A. B. or his solicitor).

SCHEDULE.

(To contain particulars of the land by reference to a plan on an ordnance sheet, or, if the land is being sold in Land Commission proceedings, by a reference to the Land Commission matter and the particulars of the holding and of the purchasing tenant in that matter).

FORM 8.-Caution against registration of dealings in favour of the Agricultural Credit Corporation on first registration or thereafter (Rule 32 (2) ).

LAND REGISTRY.

To the Registrar of Titles.

Notice is to be given to A. B. of of any application for the registration of a dealing in favour of the Agricultural Credit Corporation with the land [or, the leasehold estate under lease, dated, etc., in the land] in the County of specified in the schedule hereto on or after the first registration thereof.

Dated the

day of

19

.

(Execution and Schedule as in Form 7).

FORM 9,-Affidavit of interest in support of caution against first registration, to be endorsed on caution (Rule 32 (3) ).

LAND REGISTRY.

I, A. B., of make oath and say-

1. I am [or, C. D., for whom I am solicitor, is] interested in the land [or, leasehold estate, or, rent charge] referred to in the within caution. The following are the particulars of my [or, his] interest.

2. (State concisely in short paragraphs the documents or facts which show that the cautioner has an incumbrance on the property, or is entitled to object to a disposition of it without his consent).

Signature of deponent.

I, E. F., hereby certify that I know the deponent.

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\Sworn this the    day of   19 , at   , in the County of        , before me, a Commissioner for Oaths [or other qualified person], and I know the deponent [or, I know E. F., who certifies his knowledge of the deponent.]

Signature.

Signature.

FORM 10.-Notice to cautioner of an application for first registration (Rule 33).

Land Registry,

Chancery Street, Dublin.

Sir, (or, Madam),

Take Notice that E. F., of has applied to be registered as owner of the land [or, leasehold estate, or, rent charge] referred to in your caution lodged in the Land Registry on the day of.

If you intend to oppose his application, you are required to do so in writing sent to the Registrar at the above address before the expiration of 10 days from the service of this notice on you. If you do not, the application will be proceeded with in your absence.

Any objection by you to the application must state the grounds thereof.

Dated the

day of

19

.

To A. B. of

FORM 11.-Application for the cancellation of a notice of equities in the register of lands registered for 30 years (Rule 34).

LAND REGISTRY.

County. Folio.

I, A. B., of the registered owner of the land referred to in paragraph 1 hereof make oath and say-

1. The land to which this application relates is part(s) of the townland(s) of area a. r. p. described in Folio of the register County

2. I was registered as owner of said land [under a transfer from or, under a devise in the will of or, as the case may be].

Or, I am the first registered owner of said land ; and prior to its purchase by me under the Land Purchase Acts, I was tenant of it for upwards of years and I have been in undisputed possession since the year

3. I am [or, the persons entitled under the settlement under which I am registered as limited owner are] absolutely entitled to the land [or, I am entitled to the land as-if the applicant is an express trustee under any deed or will made before the first registration of the land state the fact and give particulars of the deed or will,] and there is not to my knowledge any mortgage, charge, lease, agreement, incumbrance, or trust, affecting the land or any part of it and created before insert date of first registration [except as above stated].

4. I am in actual occupation of all the land and no person has a right of residence therein, or a right of maintenance or support or other privilege thereout under any agreement, settlement, or deed, or under any devise or intestacy made or arising prior to (insert date of first registration) [except as stated in paragraph 3]; and I have no knowledge of any deed, will, settlement, or other document affecting the land or any part of it, or of anything prior to the day of , (i.e. date of first registration) whereby my title to it may be affected or called in question in any manner whatever.

5. I apply that the notice of equities entered in the register of the land may be cancelled.

(Jurat as in Form 9).

FORM 12.-Application for cancellation of a notice of equities in the register of land registered over 12 years, when the applicant claims under a transfer for valuable consideration registered not less than 12 years prior to the application (Rule 35).

(Heading as in Form 11).

I, A. B., of , make oath and say-

1. As in Form 11.

2. The said lands were purchased by me [or, by E. F.] from C. D. in the year and by transfer dated the day of were transferred to me [or, E. F.] on sale and I [or, E. F.] was registered as full owner thereunder on the day of

or,

The said lands were transferred to me, on the occasion of my marriage with C. D. by deed dated     under which I was registered as limited owner, [or, as the case may be. Facts must be stated showing that the applicant claims under a registered disposition for value to himself or a predecessor in title.]

3. As in par. 3, Form 11.

4. I have no deeds or other documents relating to the lands in my possession or control [except the following which are lodged with this application, viz. ].

5. I apply that the notice of equities in the register of the lands be cancelled.

(Jurat as in Form 9.)

FORM 13.-Application for the cancellation of a notice of equities in the register, when the title to the tenancy existing prior to first registration has not been investigated by counsel (Rules 37, 38).

(Heading as in Form 11.)

I, A. B. of , make oath and say-

1. As in Form 11.

2. I am [or, C. D. is] the registered full [or, limited] owner of the land on said Folio, [and I refer to the consent (a) of the said C. D. to this application lodged herewith].

3. By settlement dated the made on the marriage of C. D. and E. F., [or, by conveyance dated , or by his will dated]    C. B., who was then the tenant of the lands, conveyed [or, devised] same to, etc. State concisely in short paragraphs the terms of the disposition that is the root of title, and the subsequent documents, facts, and events, that show the title claimed. If the documents disclose any charge or other burden, proof must be given of its discharge, if its existence is not admitted.

4. The deeds and other documents set out in the accompanying schedule dated the and signed by me are all the deeds and documents affecting the land in my possession or control.

5. I am [or, C. D. is] in possession of all the land.

6. I apply that the notice of equities in the register of the lands be cancelled [and that the following incumbrances be entered in the register thereof as burdens : set out the burdens created prior to first registration that applicant admits are subsisting].

(Jurat as in Form 9.)

Note.-The schedule of documents referred to in par. 4 is to be lodged in duplicate.

An affidavit of discovery in Form 16 must also be filed before the notice is cancelled. It may be lodged with the evidence tendered in discharge of the rulings on title issued from the Registry.

(a) See Rule 39. i.

FORM 14.-Application for cancellation of a notice of equities in the register when the title to the tenancy existing prior to first registration has been investigated by counsel on a sale, mortgage, or other disposition for value (Rules 37, 38).

(Heading as in Form 11.)

I, A. B., of , make oath and say-

1. As in Form 11.

2. I am the purchaser of the land from the registered owner thereof whose transfer to me is lodged with this application.

or,

I am the owner of the charge on the land from the registered owner thereof, which is lodged with this application [or, as the case may be].

3. On the occasion of my purchase [or, of the loan or, as the case may be] the title to the tenancy in the land existing prior to its first registration was investigated by a practising barrister of not less than 6 years standing at the Bar, and I refer to his opinion thereon and to the abstract of title, contract, searches, requisitions, replies, deeds, and other documents, and evidence, produced on the occasion of the sale [or, loan] which are set out in the accompanying schedule dated and signed by me. The documents specified in said schedule are all the documents relating to the land and the title to it in my possession or under my control.

4. I have no knowledge of any deed, will, settlement, or other document relating to the land prior to its first registration other than those disclosed or of anything whereby my title or, the title of the registered owner may be affected or called in question in any manner.

5. I apply that the notice of equities in the register of the land be cancelled [and (a) that the following incumbrances appearing from counsel's opinion to affect the land be entered in the register as burdens, viz., ].

(Jurat as in Form 9.)

Note.-The schedule of documents referred to in par. 3 is to be lodged in duplicate.

(a) Omit if there are none.

FORM 15.-Application by a Local Authority or Department of the State for the cancellation of a notice of equities on a certificate of its solicitor when the compensation or purchase money does not exceed £100 (Rule 36).

(Heading as in Form 11.)

1. I, , am the solicitor for (insert full and correct description of the Authority or Department).

2. As in Form 11.

3. I have investigated the title to the tenancy in the land existing prior to its first registration for the period prescribed by Rule 37 (2), and I certify that no incumbrances or rights adverse to the said (Authority or Department) exist on or arise to the said tenancy in the lands, the fee simple in which was transferred to the (Authority or Department) by transfer [or other instrument] dated the day of 19 , and for which the purchase money [or, compensation] paid did not exceed £100.

4. I apply for the cancellation of the notice of equities in the register of said lands so acquired by the (Local Authority or Department).

Dated the

day of

19.

.

Signature.

FORM 16.-Affidavit of discovery (Rule 46).

(Heading as in Forms 1 or 11.)

I, A. B., of make oath and say :-

1. The land [or, leasehold estate, or, hereditament] to which this affidavit refers is-(describe clearly the property the subject of the application. If it is registered, the Folio No. of the register should be stated).

2. There is not to my knowledge any mortgage, charge, lien, lease, agreement, or trust affecting the property specified in paragraph 1 hereof, the subject of my application [or, of the application of ] or any part thereof, that has not been disclosed in the proceedings in the Registry on the application, and there is no person in possession of any part of the property adversely to my (or, his] estate therein.

3. I am not aware of any question affecting my title to the property [or, the title of  to the property] or any part of it, or of anything whereby the title is or may be affected or called in question in any manner whatever.

4. The deeds, wills, and other documents referred to in said application and produced in the proceedings thereunder are all the documents in my possession or under my control [or, in the possession of or under his control] relating to said property.

5. There is not to my knowledge any person interested in the proceedings on said application who is under the age of 21 years, or is of unsound mind, [except give name and address of any person interested who is a minor or of unsound mind and of his guardian or committee, if any,] and no proceedings are pending in any court relating to said property [except give particulars of any pending action or suit].

(Jurat as in Form 9.)

FORM 17.-Application by solicitor for registration of ownership, burdens, or other entries, under documents presented by him (Rule 55).

LAND REGISTRY.

County

Folio

To the Registrar of Titles.

1. I, as solicitor for [insert the names of all the parties to the transaction for whom solicitor acts] apply for registration in the above mentioned Folio of the ownership and/or burden(s) [or, caution or inhibition, or, other entry applied for] arising under the documents set out in the schedule hereto.

2. I send herewith Registry Fee stamps for £ for the registration(s). or,

I undertake to pay the Registry fee(s) for the registrations when assessed.

*3. The Land Certificate [or, Certificate of Title] now produced for the purposes of the registration(s) applied for was in the custody of the registered owner (or, of A. B.]. I apply that it be redelivered to the transferee [or, transferor, or, to me as solicitor for the transferee, or, the transferor, or, to A. B., or, to C. D. the solicitor for A. B. as the case may be.]

4. I request that the returnable documents lodged [other than the certificate of title] be sent to me by post.

Dated the

day of

19

.

Signature of solicitor.

SCHEDULE.

(To contain a list of the documents delivered by the solicitor for the purposes of the registration).

Note.—If a Land Certificate has been issued and its production is required for the purpose of the registration (see Rule 160), it must be lodged with the application, or an undertaking given in Form 18 to produce it or procure an order for its production : see Rule 56.

See Rule 57.

*Omit if no certificate issued.

FORM 18.— Undertaking to produce or procure an order for the production of a Land Certificate or other Certificate of Title (Rule 56 (3) ).

(Heading as in Form 17.)

I, A.B. the solicitor for C.D. applying for registration under the (give particulars of the document lodged under which registration is applied for) undertake to produce to the Registrar or to obtain an order for the production of the Land Certificate (or other Certificate of Title) required for the purposes of the registration within   days from the date hereof.

Dated the

day of

19

.

Signature of solicitor.

Note.—This undertaking may, if desired, be inserted in Form 17.

FORM 19.—Transfer of freehold land by a registered full owner (Rules 51, 68).

(Heading as in Form 17.)

Transfer dated the day of 19 A..B., the registered owner, in consideration of (the receipt of which is hereby acknowledged) hereby transfers all the land described in Folio of the register County to C.D. in fee-simple. The address of C.D. in Saorstát Eireann for service of notices and his description are : (a)

Signed, sealed and delivered

by A.B. in presence of :—

/images/v15p1212.gif

(Signature of A.B.)

(Seal)

Note 1.—The certificate prescribed by Sect. 73 of the Finance Act, 1910, relative to the value of the transaction not exceeding £500 may be added to the Form in appropriate cases.

Note 2.—If the transfer is on a sale, and the transferor claims a lien for unpaid purchase money, he must apply for the registration of his lien as a burden: see Rule 122. If the purchase money is paid the usual receipt clause can be embodied in the transfer.

Note 3.—For execution and the attestation of the execution of a transfer see Rules 52 and 53.

Note 4.—If desired, the covenants for title implied by the transferor transferring "as beneficial owner" or "as settlor" or "as mortgagee" can be incorporated by inserting these words in the transfer after the name of the transferor: see C.A. 1881. s. 7.

(a) Give address and occupation.

FORM 19A.—Affidavit of attesting witness (Rule 52).

(Heading as in Form 17).

I, of , make oath and say :—

1. I am an attesting witness to the execution of the within deed by party thereto.

2. I was present and saw the said deed signed, sealed, and delivered by the said , who is personally known to me.

(Jurat as in Form 9).

[Note.—If the executing party is a marksman, it must be stated in this affidavit, or in the attestation clause to the deed, that the deed was read over to and understood by him.]

FORM 20.—Transfer of freehold land by a registered full owner, the registered owner of a charge joining to release his charge (Rules 51, 68).

(Heading as in Form 17.)

Transfer dated the day of 19 In consideration of pounds (£ ) paid, as to £ , to A.B. and as to £ , to E.F. (the receipt of which is hereby acknowledged ).

1. A.B., the registered owner, hereby transfers all the land described in Folio of the register County to C.D. in fee-simple.

2. E.F., the registered owner of the charge for £ registered on the day of 19 , [or, registered at entry No. on said Folio] hereby releases the said land from said charge and assents to its cancellation as a burden thereon in said Folio.

3. The address of C.D. in Saorstát Eireann for service of notices and his description are:

(Execution as in Form 19.)

FORM 21.—Transfer of part of his freehold land by a registered full owner (Rules 51, 68).

(Heading as in Form 17.)

As in Form 19 substituting for the words " all the land described in Folio of the register Co. " the words " the part of the land described in Folio of the register Co. specified in the schedule hereto."

SCHEDULE.

(To contain particulars of the part transferred and reference to the map thereof : see Rule 54.)

Note.—If the land is part of a holding subject to a Land Purchase Annuity, or of a holding for which an advance was made under the Land Acts since the 9th August, 1923, the consent of the Land Commission to the subdivision must be lodged in the Registry with the transfer. See Rule 69.

FORM 22.— Voluntary transfer of freehold land by a registered full owner with a power of revocation (Rules 51, 68).

(Heading as in Form 17.)

Transfer dated the day of 19 . In consideration of the affection of A.B. the registered owner for his C.B.:—

1. A.B. hereby transfers all the land described in Folio of the register County to E.F. in fee simple to the use of C.B. in fee simple.

2. It is hereby declared that A.B. shall have power at any time hereafter by deed (or, by will expressly referring to this power) to revoke the use hereby limited to E.F. and to limit and appoint the land to such other uses, whether for the benefit of himself or any other person, as he may think fit.

3. C.B. hereby assents to the registration of the said power of revocation as a burden on the land.

4. The address of C.B. in Saorstát Eireann for service of notices and his description are:

(Execution by A.B. and C.B. as in Form 19.)

Note.—A power of revocation in a transfer of the fee simple is only effective when the transfer is made by the limitation of a use under the Statute of uses that can be revoked. The transfer must, therefore, be made by the registered owner to a third person to the use of the person to be registered as owner.

FORM 23.—Transfer of freehold land on a sale by a registered limited owner in exercise of his power under the Settled Land Acts, the purchase money being paid to the trustees of the settlement. (Rules 51, 68).

(Heading as in Form 17.)

Transfer dated the day of 19 . In consideration of pounds (£ ) paid to E.F. and G.H.:—

1. A.B., the registered limited owner, in exercise of his statutory powers hereby transfers all the land described in Folio of the register Co.        to C.D. in fee simple.

2. E.F. and G.H., the trustees for the purposes of the Settled Land Acts of the settlement under which A.B. is the registered limited owner, hereby acknowledge that they have received the said sum of £

3. The address of C.D. in Saorstát Eireann for service of notices, and his description are:

(Execution by A.B. and the trustees as in Form 19.)

Note.—See sect. 35 (1) of the Act.

FORM 24.—Transfer of freehold land by a registered owner of a charge in exercise of his power of sale (Rules 51, 68).

(Heading as in Form 17.)

Transfer dated   the day of 19 . In consideration of  pounds (£ ) paid to him, A.B., the registered owner of the charge registered on the day of 19 [or, at entry No. ] in exercise of his power of sale hereby transfers all the land described in Folio of the register Co. to C.D. in fee simple discharged from said charge and from all other burdens entered in said Folio of the register over which the said charge ranks in priority.

The address of C.D. in Saorstát Eireann for service of notices and his description are:

(Execution as in Form 19.)

Note 1.—On the registration of the transferee all registered burdens that rank in priority to the charge of the owner exercising his power of sale will be left on the register. All registered burdens ranking in priority after his charge will be cancelled.

Note 2.—This Form may be adapted to a sale by a person having any other statutory power of sale, or a power of sale registered as a burden.

FORM 25.—Transfer of freehold land by a registered full owner to two persons as joint tenants (Rules 51, 68).

(Heading as in Form 17.)

Transfer dated the day of 19. In consideration of  ,A.B., the registered owner hereby transfers all the land described in Folio   of the Register Co.   to C.D. and E.F. in fee simple.

The address in Saorstát Eireann of the transferees for service of notices and their descriptions are:

(Execution as in Form 19.)

Note.—This Form should be used when it is intended that all the land should vest in the survivor of the transferees.

FORM 26.—Transfer of freehold land to two persons who are trustees for sale (Rules 51, 68, 70).

(Heading as in Form 17.)

Transfer dated the day of 19 . In consideration of :

1. A.B., the registered owner, hereby transfers all the land described in Folio of the register Co. to C.D. and E.F. in foe simple.

2. C.D. and E.F. hereby consent to and apply for the entry of the following inhibition in the register on their registration :—No registration under a disposition for value by the registered owners, except a transfer on sale, is to be made, [and any transfer on sale during the lives of G and H and the survivor is to be made only with their or his or her consent.]

3. The address in Saorstát Eireann of C.D. and E.F. for services of notices and their descriptions are :—

(Execution by the parties as in Form 19.)

Note 1.—The trusts of the purchase money and of the land pending the sale should be declared by a separate deed to be retained by the trustees.

Note 2.—The Form may be used with an appropriate inhibition for the transfer of land by the personal representative of an owner to the trustees of a will, or for a transfer to trustees on any trusts. For inhibitions see Form 70 and Rule 133.

FORM 27.—Transfer of freehold land to two persons as tenants in common (Rules 51, 66, 68).

(Heading as in Form 17.)

As in Form 25, adding after the words "in fee simple" the words "as tenants in common in equal shares" [or in the following shares, as to C.D., two thirds shares, and as to E.F. one third share, or, as the shares may be.]

Note.—This Form should be used when the intention is that, on the death of each transferee, his share should devolve on his personal representative or devisee.

FORM 28.—Transfer of freehold land by a registered owner creating rights in favour of himself and others (Rules 51, 68, 70).

(Heading as in Form 17.)

Transfer dated the day of 19  In consideration of A.B., the registered owner, hereby transfers all the land described in Folio of the register Co. to C.B. in fee simple subject to the following rights therein and thereover:—

1. (a) The right of A.B. and E.B., his wife, during their respective lives to the exclusive use and occupation of (insert particulars of the part of the house or land that the parties are to be exclusively entitled to during their lives).

2. The right of A.B. and E.B., his wife, during their respective lives [(b) to reside in the dwelling house on the land and] to be supported and maintained on and out of the land in the manner following (insert the particulars (if any) of the maintenance agreed on and the alternative payments, if any, in case of disagreement).

3. A power for A.B. or his personal representative to charge the land with such sum or sums, not exceeding in all £ , as he may be called on to pay and shall pay within six years from the date hereof in discharge of any debts due by A.B. at that date.

See Note 2

4. A charge for £ payable to (insert particulars of charge and of its terms, as agreed on, for any member of the family).

See Rule 70.

5. C.B. hereby assents [to the entry in the register of the following inhibition :—No registration under a disposition for value by the registered owner of the premises specified in clause 1 hereof is to be made during their lives of A.B. and E.B. without their consent or the consent of the survivor of them and] to the registration of the rights specified in clauses 2, 3 and 4, hereof as burdens on the land.

See Rule 100.

6. The address in Saorstát Eireann of C. B, for service of notices and his description are :—

(Execution by A.B. and C.B. as in Form 19.)

Note 1—An exclusive right to the use and possession of specified property is a trust affecting the registered owner, which cannot be registered as a burden : Sect. 63. It must be protected by an inhibition. Sect. 44 (2) (3), Rule 67. A general right of residence on property may be registered as a burden : Rule 99 (iii).

Note 2.—A general charge for payment of debts should not be created. If desired, a personal covenant by the transferee with the transferor for payment of the debts can be inserted.

(a) See Note 1. Omit if the general right of residence in clause 2 is given.

(b) See Note 1 Omit if clause 1 is inserted.

FORM 29.—Settlement of freehold land by a registered full owner on the marriage of his child (Rules 51, 68)

(Heading as in Form 17.)

Settlement made the day of 19 , on an intended marriage between B. and C. In consideration of the marriage and of

A., the registered owner, hereby transfers all the land described in Folio

of the register County , to E. and F. (herein called the trustees) in fee-simple to the use of A. in fee-simple until the marriage, and thereafter upon the trusts and uses following:—

1. To permit the exercise by A. and D. his wife, of the rights and privileges hereafter specified and to raise the sum hereafter stated and subject thereto,

See note.

2. To the use of B. for his life, with remainder,

3. To the use of C. for her life, with remainder,

4. To the use of the children or remoter issue of the marriage for such estates and interests and subject to such charges for any one or more of them as B. and C. by deed, or the survivor of them by deed or will shall appoint, and in default of and subject to any appointment to, all the children who shall attain 21 years in equal shares as tenants in common in fee-simple, and in default of children or issue,

5. To the use of A. in fee-simple.

6. A. and D., his wife, during their lives, and the survivor during his or her life, shall be permitted to reside in the dwellinghouse on the land and shall be supported and maintained on and out of the land in the manner following : (insert particulars of maintenance agreed on).

7. The trustees shall by registered charge raise in priority to the trusts of this settlement a sum of £

  , the said sum to be raised and applied as follows : (insert terms agreed on relative to the time for raising the money, and for the application of it when raised by the charge).

8. B. and C. and the survivor of them shall have power to appoint new trustees of this settlement.

9. The trustees shall be trustees for the purposes of the Settled Land Acts, 1882-1890.

10. The trustees hereby assent to the registration of C. as limited owner.

11. B. hereby assents to the registration of the rights in clauses 6 and 7 as burdens on his limited estate.

12. The address in Saorstát Eireann of the trustees for service of notices and their descriptions are:—

The address in Saorstát Eireann of B. for service of notices and his description are :—

(Execution by A.B. and the trustees as in Form 19).

Note.—The clauses in italics are illustrative only. The Form may be adapted to any uses or trusts by inserting after the words "thereafter upon the trusts and uses following" clauses stating the trusts agreed on. A book of precedents should be consulted.

FORM 30.—Transfer by a registered full owner of a leasehold estate in the register of Leaseholders (Rules 51, 68).

(Heading as in Form 17.)

Transfer dated the day of 19 .A.B., the registered owner, in consideration of , hereby transfers all the leasehold estate described in Folio of the register of leaseholders County  to C.D.

The address in Saorstát Eireann of C.D. for service of notices and his description are:—

(Execution as in Form 19.)

Note 1.—If desired, the usual covenants by an assignee for payment of the rent and performance of the covenants in the lease may be inserted.

Note 2.—The preceding Forms of transfer of land may be adapted to similar transfers of leaseholds.

FORM 31.—Transfer by a registered full owner of a rent charge in a subsidiary register (Rules 51, 68).

(Heading as in Form 17.)

Transfer dated the day of 19 . A.B., the registered owner, in consideration of , hereby transfers all the rent charge described in Folio of the subsidiary register Co. to C.D. in fee-simple.

The address in Saorstát Eireann of C.D. for service of notices, and his description are :—

(Execution as in Form 19.)

Note.—The preceding Forms of transfer of freehold land may be adapted to similar transfers of incorporeal hereditaments of freehold tenure in subsidiary registers.

FORM 32.—Application by the Land Commission to be registered as full owner of land vested in it under sect. 65 (1) of the Land Act, 1923 (Rule 83).

(Heading as in Form 17.)

I, A.B., solicitor for the Land Commission, hereby apply for the registration of the Land Commission as full owner of the holding described in Folio   of the register County     , of which C.D. is the registered owner ; and I hereby certify that C.D. has subdivided [or, let, or, attempted to subdivide or, let] the holding without the consent of the Land Commission, and that the Commission in exercise of its option under section 65 of the Land Act, 1923 , elected that the holding should vest in it.

Dated the

day of

19

.

Signature.

FORM 33.—Application by a Local Authority to be registered as owner of property vested in it under sect. 5 of the Small Dwellings Acquisition Act. 1899 (Rule 85).

(Heading as in Form 17.)

I, A.B., solicitor for the Corporation of (or other Local Authority : give accurate description) hereby apply for the registration of the said Corporation [or, Council] as full owner of all the property described in Folio    of the register County     ,which has been vested in it under sect. 5 of the Small Dwelllings Acquisition Act, 1899 ; and I hereby certify that possession of said property has been obtained by the Corporation [or Council] under a decree of the Circuit Court [or order of the District Court] dated the day of 19  , in proceedings in that Court entitled insert title of proceedings.

Dated the

day of

19

.

Signature.

FORM 34.—Application by the personal representative of a full owner of property that has vested in him as personal representative for registration for the purposes of administration (Rule 88).

(Heading as in Form 17.)

I, A.B., make oath and say—

1. C.D., the full owner of the property described in Folio    of the register County      , died testate [or, intestate] on the     day of 19 , and Probate of his will was [or, letters of administration with his will annexed, or, letters of administration of his personal estate, were] granted to me on the  day of 19 .

Testate owner.

2. I have set out in the schedule hereto the names of all persons entitled under the will to any estate, burden, or other right, in, to or over the property described in said Folio, except those whose claims are payable primarily out of the general personal estate of the testator in exoneration of said property, with short particulars of their interests, and their addresses in Saorstát Eireann for service of notices. None of them are infants or persons of unsound mind except where stated in said schedule.

Intestate owner.

or,

I have set out in the schedule hereto the names of all the persons who, subject to the liabilities of the intestate, became by law beneficially entitled to his property on his death, their relationship to the intestate, and their addresses in Saorstát Eireann for the services of notices. None of them are infants or persons of unsound mind except where stated in said schedule.

3. I apply to be registered as full owner of said property for the purposes of the administration of the estate of the deceased owner.

(Jurat as in Form 9.)

SCHEDULE.

Name of claimant under the will, or intestacy. If an infant or of unsound mind, state the fact and name of guardian or committee

If owner died testate, the estate, burden, or right of claimant under the will. If owner died intestate, the relationship of claimant to owner

Address of claimant in Sa1orstát Eireann, or, if an infant or of unsound mind, of his guardian or committee

Note.—The personal representative is a trustee for the persons beneficially entitled. On his registration an inhibition is entered in the register for their protection. See Rules 88 (3), 67.

FORM 35.—Assent by a personal representative in whom the property is vested to devise to another beneficially entitled (Rule 89 (1) ).

(Heading as in Form 17.)

I, A.B., of , make oath and say—

1. C.D., the full owner of the land [or, leasehold estate] described in Folio  of the register County , died on the   day of      and probate of his will dated the day of , was [or, letters of administration with his will dated annexed thereto were] granted to me on the   day of  19 .

Identification of owner with testator.

2. By his will the said owner devised all the property described in said Folio [or, the part of the property described in said Folio specified in the schedule (or, first schedule) hereto] to E.D. in the words following : insert the words in the will devising the property.

Identification of property devised.

or,

All the property described in said Folio is included in the residuary devise to E.D. in the will of said owner.

3. I, as personal representative, make no claim against said property for any money for the discharge of the funeral and testamentary expenses, or the debts of said owner [or, the legacies charged by his will on both real and personal estate that are primarily payable out of his general personal estate].

Personal estate sufficient for debts and legacies payable primarily thereout.

or,

The general personal estate of the said owner is not sufficient to discharge in full his funeral and testamentary expenses and debts, [and the legacies charged on his real and personal estate for which his general personal estate is primarily liable]. The sum raiseable out of the property described in said Folio to provide for the deficiency is £ [or, is estimated by me at a sum not exceeding £   ], and by instrument of charge dated the  day of   19 , I have created a charge on the property to secure my liabilities as personal representative of C.D. to the extent of said sum.

Personal estate insufficient for debts and the legacies payable primarily thereout, and charge for the deficiency. See Note 1.

4. I have set out in the schedule hereto [or, the second schedule hereto] the names of all persons entitled under the will to any burden or other right in, to, or over said property, except those whose claims are primarily payable out of the general personal estate in exoneration of said property, with short particulars of their burden or right, and their addresses in Saorstát Eireann for service of notices. [The burdens or rights of the persons named in the second part of said schedule have been satisfied or discharged or have terminated]. No person named in said schedule is an infant or person of unsound mind [except where therein stated].

Statement of burdens under the will when the executor is not registered.

or,

The burdens on and rights in, to, or over said property that are set out in the schedule to my application for registration for the purposes of administration still subsist [except those specified in the schedule hereto (or, the second schedule hereto) which have been satisfied or discharged, or have terminated.]

Statement of burdens under the will when the executor has been registered under Rule 88.

or,

No person is entitled under the will to any burden or other right in, to, or over the property except the devisee.

No burdens.

5. I assent to the devise of the property specified in paragraph 2 hereof [subject to the burdens and rights affecting same hereinbefore referred to,] and to the registration of E.D. as full owner or, as limited owner thereof.

See Note 3.

(Jurat as in Form 9.)

[FIRST] SCHEDULE (when necessary).

(To contain a description of the part of the land, or leasehold estate, in the Folio that was devised, identifying it by reference to a map unless the part can be identified on the Registry Map from the verbal description).

[SECOND] SCHEDULE (when necessary).

(a) First Part.

Particulars of subsisting burden(s) or right (s)

Name of claimant in will. If an infant or person of unsound mind, fact to be stated with name of guardian or committee

Address in Saorstát Eireann of claimant or of his guardian or committee

Second Part.

Particulars of burden(s) or right(s) not subsisting

Name of claimant in the will. If an infant or person of unsound mind, fact to be stated with name of guardian or committee

Address of claimant or of his guardian or committee

Note 1.—See sect. 87 (1). When it is necessary to create a charge to provide for a deficiency in the personal estate, an instrument of charge must be executed, stamped, and lodged, with the assent. See Form 51. But in such a case the transaction can best be carried out by a transfer in Form 40, instead of an assent and an instrument of charge.

Note 2.—See Note 2 to Form 40.

Note 3.—If the devise is to trustees on trusts that do not constitute a settlement under which a limited owner may be registered, the exor. must assent to the registration of the trustee devisees as full owners; he cannot assent to the registration of a beneficiary under the trust. If a beneficiary under the trust is to be registered, the transaction should be carried out by a transfer from the exor. and the trustees in Form 41.

(a) This schedule is only to be divided into parts when some of the burdens have been discharged and some subsist.

FORM 36.—Application by a devisee beneficially entitled for registration as full owner of property on the assent of the personal representative (Rule 89 (2) )

(Heading as in Form 17.)

1. I, E.D., am the devisee referred to in the within assent [or, the assent annexed hereto] of the personal representative of C.B.

[2. I assent to the registration of the burden(s) referred to in paragraph(s) (3 and] 4 of the assent, (except those that are therein stated to have been released or discharged or to have terminated.)]

3. I apply to be registered as full owner of the property [subject to the burdens to the registration of which I have herein assented] [and to the subsisting unregistered right referred to in said assent for the protection of which I assent to the entry of the following inhibition] : See Form 70.

4. My address in Saorstát Eireann for service of notices and my description are :—

Dated the

day of

19

.

(To be signed by the applicant and his signature attested. If not attested by a solicitor, an affidavit by the attesting witness may be required.)

Note.—On registration of the devisee, notice of his application is sent to every person having a burden or right that is not stated in the assent to have been discharged or satisfied or to have terminated, unless the consent of such person to the registration applied for accompanies the application or its registration is assented to : Rule 93. The notice fee for each notice sent is payable by the devisee : See clause 10 of Land Registration Fee Order, 1937.

FORM 37.—Application by a devisee entitled as tenant for life, or as having the powers of a tenant for life for registration as limited owner on the assent of the personal representative (Rule 89 (2) ).

(Heading as in Form 17.)

1. I, E.D., am the devisee referred to in the within assent [or, the assent annexed hereto] of the personal representative of the owner of the property described in Folio of the register, County

2. The property subject to the settlement created by the will of the said owner under which I am (insert the limited estate to which the applicant is entitled, as, for instance, tenant for life) is not subject to any burden created by said will ranking in priority to the settlement created by it.

or

I have set out in the schedule hereto particulars of all the charges, and other burdens, charged by the will of C.B. on the said property that have priority to the uses and trusts of the settlement created by the said will, and I assent to their registration as burdens on the property [except those of them stated in the assent of the personal representative to have been discharged or satisfied or to have terminated].

See Note 1.

3. My limited estate is not subject to any charge or burden arising under the settlement created by said will [except—insert particulars of any burden forming part of the settlement that affects the limited estate—to the registration of which as a burden on my limited estate, I assent].

4. I apply to be registered as limited owner of said property [subject to the burdens thereon (and on my limited estate therein) to the registration of which I have herein assented].

5. My address in Saorstát Eireann for service of notices and my description are :—

Dated the

day of

19

.

(Execution as in Form 36.)

SCHEDULE.

Particulars of all burdens created by the will that rank in priority to the settlement in it

Name of claimant in the will

Consent of trustees of the settlement to be endorsed on above application.

We, E.F. and G.H., the trustees of the settlement created by the will of C.B. hereby assent to the registration of E.D. as limited owner of the property within referred to and to the registration as burdens thereon in priority to the settlement of those burdens to the registration of which as burdens on the property he has within assented. Our address in Saorstát Eireann for service of notices is:—

See Note 2.

Dated the

day of

19

.

(Execution as in Form 36.)

Note. 1—The only burdens that should be entered in the schedule to the application are the burdens created by the will that would not be overreached on a sale by the limited owner under the Settled Land Acts. See Settled Land Act, 1882, sect. 20 (2). Charges under the will that form part of the settlement, i.e., burdens that would be overreached by a sale by the limited owner under the Settled Land Acts, may be registered on the limited estate of the owner, if they affect it. They cannot be registered as burdens on a subsequent estate in the settlement until that estate vests in possession.

Note 2.—If the settled land is land purchased under the Land Purchase Acts and there are no " trustees of the settlement " (see sect. 95 (1) of the Act) the exors. of the testator are trustees thereof for the purposes of registration, and can give the necessary consent to the registration of the limited owner. Sect. 84 (4).

Note 3.—Application for registration of a limited owner may also be made by the trustees of the settlement, If they apply, this Form is to be used with the necessary modifications, notice being given to the limited owner.

FORM 38.—Application by trustee devisees for registration as full owners of property on the assent of the personal representative (Rule 89 (2) ).

(Heading as in Form 17.)

1. We, E.F. and G.H., are—as in par. 1 of Form 37.

2. The property devised to us is not subject to any burden under the will ranking in priority to the trusts on which we hold.

or,

As in alternative clause in par. 2 Form 37, substituting the words "the trusts on which we hold" for the words "the uses and trusts of the settlement created by it."

3. We apply to be registered as full owners of the property [subject to the burdens thereon to the registration of which we have herein assented].

4. We apply for and assent to the entry of the following inhibition in the register on our registration : insert restriction appropriate for the protection of the trusts of the will: see Form 70.

5. Our addresses in Saorstát Eireann for service of notices and our descriptions are:

Dated the

day of

19

.

(Execution as in Form 36.)

SCHEDULE.

(As in Form 37 when necessary.)

FORM 39.—Application by a person entitled as sole devisee for registration as owner of property that is vested in him as personal representative, or, where he is registered as personal representative, for the cancellation of the inhibition entered on his registration, administration having been completed (Rule 89 (3)).

(Heading as in Form 17.)

I, A.B., of make oath and say :—

1. As in par. 1 Form 35.

2. Insert the clause in par. 2 Form 35 applicable.

3. Insert the appropriate clause of par. 4 Form 35.

4. I have completed the administration of the estate of C. B., and I apply as devisee for registration as full owner of the property [subject to the burdens to the registration of which I have herein assented].

or,

I have completed the administration of the estate of C.B., and, as the devisee of the property, I apply for the cancellation of the inhibition entered in the register on my registration for the purposes of administration [and for the registration of the burdens to the registration of which I have herein assented].

5. My address in Saorstát Eireann for service of notices and my description are:—

(Jurat as in Form 9.)

SCHEDULES.

(As in Form 35.)

Note.—This Form is to be used with the appropriate modifications and additions from Form 36 or 37 when the personal representative is the sole limited owner or sole trustee devisee.

FORMS 40.—Transfer of the land of a testate full owner by his personal representative in whom it has vested to a devisee absolutely entitled, or his successor (Rule 90).

(Heading as in Form 17.)

Transfer dated the day of 19 . A.B., the personal representative of C.D., the registered full owner, hereby:

[1. Charges all the land described in Folio  of the register County  with any sums that the personal representative of C.D. is liable to pay].

2. Transfers all the land described in said Folio to E.D. in fee simple as the devisee entitled thereto [or, as the personal representative of F.D., the devisee entitled thereto] under the will of C.D., free from all the burdens and rights created thereon by the said will, which have been satisfied or discharged, or have terminated [or, subject to the burden(s) and right(s) created by the said will that are specified in the schedule hereto and free from all other burden(s) or right(s) thereunder, which have been satisfied or discharged or have terminated].

[3. E.D. hereby assents to the registration of the burden(s) in said schedule [and said charge in favour of the personal representative] as burden(s) on the land [and to the entry of an inhibition for the protection of the right in said schedule in the following terms : see Form 70] ].

4. The address of E.D. in Saorstát Eireann for service of notices and his description are:—

(Execution as in Form 19.)

SCHEDULE.

Subsisting burdens and rights under the will of C.D.

Name of person entitled under the will to the burden or right. If an infant or of unsound mind state the fact and name of guardian or committee

Note 1..—If the personal representative has not been registered under Rule 88 the transfer must be accompanied by the affidavit by him prescribed by Rule 90 (2).

Note 2.—See sect. 87 (1) of the Act. This charge should only be created when the personal estate is insufficient to discharge the debts, and the legacies (if any) charged on both the real and personal estate, for which the personal estate is primarily liable.

Note 3.—The personal representative is an express trustee for all persons having interests in the land under the will, sect. 86 (1). He must, therefore, transfer it subject to all burdens and rights created by the will, except those whose discharge or termination has been proved to his satisfaction. Before registration of the transferee notice is sent to every person having a burden or right under the will whose interest is not registered as a burden or protected by an inhibition, or is not stated by the personal representative to have been discharged, or whose consent to the registration does not accompany the transfer. The notice fee for each notice sent is payable by the transferee. See clause 10 of Land Registration Fee Order, 1937.

FORM 41.—Transfer of the land of a testate full owner by his personal representative, at the direction of trustee devisees, to a beneficiary who has become absolutely entitled under the trusts of the will (Rule 90 ).

(Heading as in Form 17.)

Transfer dated the    day of   19 .

1. A.B., the personal representative of C.B. the registered owner, by the direction of C.D. and E.F., the trustee devisees of said owner, hereby transfers all the land described in Folio  of the register

County      to E.B. in fee-simple free from the burdens and rights created thereon by the said will that rank in priority to the trusts on which it was devised to C.D. and E.F., all of which have been satisfied or discharged or have terminated [or, subject to the burden(s) and right(s) created by the said will specified in the schedule hereto that rank in priority to the trusts on which it was devised to C.D. and E.F. and free from all other burdens or rights thereunder that rank in priority to said trusts, which have been satisfied or discharged or have terminated].

2. C.D. and E.F. as the devisees of said land on the trusts therein hereby declare that E.B. is now absolutely entitled to said land free from the trusts other than the trust for him subject to which they held it.

3. As in Clause 3, Form 40 when necessary.

4. As in Clause 4, Form 40.

(Execution by A.B., C.D., and E.F. as in Form 19.)

SCHEDULE.

(As in Form 40 when necessary.)

Note.—If the executors are also the trustees, the Form should be modified accordingly. If the executors are not registered under Rule 88, the transfer must be accompanied by the affidavit prescribed by Rule 90 (2).

FORM 42.—Transfer of the land of an intestate full owner by his personal representative in whom it has vested to the person by law beneficially entitled under the intestacy or his successor. (Rules 91, 51).

(Heading as in Form 17.)

Transfer dated the day of 19 . A.B., as administrator of C.B. the registered full owner hereby—

[1. Charges all the land described in Folio   of the register, County  with any money that the administrator of C.B. is liable to pay.]

See Note 1.

[2. Charges all the land described in said Folio with the burdens specified in the schedule hereto, which are hereby created in discharge [or, part discharge] of the rights of the persons named in the second column of said schedule as persons by law beneficially entitled to the assets of C.B. on his death intestate.]

See Note 2.

3. Transfers all the lands described in said Folio to E.B. in fee-simple as the person by law beneficially entitled thereto [or, as the personal representative of F.B., the person who was by law beneficially entitled thereto] on the death intestate of C.B. free from the rights of all other persons beneficially entitled, to the assets of the said intestate.

[4. E.B. hereby assents to the registration of the burdens in said schedule as burdens on the land (and to their entry in the register in the order in which they are entered therein).]

See Note 3.

5. The address of E.B. in Saorstát Eireann for service of notices and his description are :—

(Execution as in Form 19.)

SCHEDULE (when necessary).

Particulars of burden(s) to be registered

Name of person to be registered as owner of burden and his address in Saorstát Eireann. If an infant or person of unsound mind, the fact to be stated with name of guardian or committee

(if any)

Note. l.—See Section 87 (1). This charge should only be created if there are undischarged claims for which the administrator is liable.

Note 2.—The administrator is an express trustee of land subject to Part IV of the Act for all the persons by law beneficially entitled on the death of the intestate. If their claims have not been discharged out of other assets, he must provide for the shares of other beneficiaries before transferring to one or some of them. Before registration of the transferee notice of the transfer is sent to every beneficiary whose claim the administrator does not transfer free from, unless the consent of such person to the registration accompanies the transfer or his burden is being registered : Rule 93 ii. The notice fee for each notice sent is payable by the transferee. See Clause 10 of Land Registration Fee Order, 1937.

If the administrator is not registered under Rule 88, the affidavit prescribed by Rule 90 (2) must accompany the transfer.

Note 3.—If the burdens in the schedule are to rank in any other priority than the order in which they are entered in it, it should be so stated in the schedule.

FORM 43.—Application for registration by a person who claims to be beneficially entitled to the property of an intestate owner that has vested in him as the personal representative of the intestate, or where he is registered as personal representative, for the cancellation of the inhibition entered on his registration, administration having been completed (Rule 92).

(Heading as in Form 17.)

I, AB., make oath and say—

1. As in paragraph 1 of Form 34 on an intestacy.

[2. If the administrator is not registered under Rule 88, the clause in paragraph 2 of Form 34 relative to intestate owner.]

3. I have discharged or satisfied the claims of every person named in said schedule [or, in the schedule to the application under which I was registered for the purposes of administration] by payments or appropriations out of assets of C.D., other than said property [and/or by charges and other burdens on or rights in said property created by me by deed dated the    19 , which accompanies this application].

or,

As the only son [or, daughter or, as the fact may be] I am the only person by law beneficially entitled to the assets of C.D.

or,

I am the widow of C.D., who died without leaving issue and the net value of his real and personal estate does not exceed £500.

or,

The debts, funeral and administration expenses of C.D., which have been paid by me, exceed in amount the value of his assets, and the discharge of such liabilities has left no assets available for distribution among the persons by law beneficially entitled thereto.

4. The administration of the estate of C.D. having been completed by me, I apply to be registered as full owner of said property [subject to the burdens and rights created by the deed hereinbefore referred to, to the registration of which I hereby assent].

or,

The administration of the estate of C.D. having been completed by me, I apply for the cancellation of the inhibition entered in the register on my registration for the purposes of administration [and for the registration of the burdens to the registration of which I have herein assented.]

5. My address in Saorstát Eireann for service of notices and my description are:

(Jurat as in Form 9.)

[SCHEDULES.]

(as in Form 34.)

FORM 44.—Application for registration by a devisee of a full owner of freehold hereditaments that do not vest in his personal representative (Rule 95).

(Heading as in Form 17.)

I, A.B., of       , make oath and say—

1. C.B., the full owner of the property described in Folio  of the register County  , died on the

  day of   19  , and probate of his will dated the day of 19 , was [or, letters of administration with his will dated    were] granted to E.D. on the  day of  19 .

2. State the terms of the devise to applicant as in par. 2 of Form 35.

3. The will does not charge the property devised to me with the payment of testator's debts, [and does not create a general charge on it for payment of legacies.]

or,

I refer to a statement of E.D., the personal representative of the testator, in which he says that he makes no claim against the property for any sum for payment of the debts and legacies charged thereon that are payable primarily out of the testator's personal estate.

or,

I refer to a statement of E.D., the personal representative of the testator, in which he claims that the personal estate is not sufficient for the payment of the debts and legacies payable primarily out of that estate, but charged also on the property devised to me. The deficiency of the personal estate for these payments is estimated by him at £ . I have by instrument dated the     created a power for the personal representative of C.B. to raise out of the property by registered charge such sums, not exceeding in all £    , as may hereafter be ascertained to be necessary to meet the deficiency. I assent to the registration of the power created by said instrument, which accompanies this application, as a burden on the property, [and I apply for the entry in the register of a restriction on the registration of any charge created under said power without prior notice to me.]

or,

The address of E.D., the personal representative of the testator, for service of notice in respect of the debts and legacies charged on the property devised to me that are payable primarily out of the personal estate is

I claim that the personal estate is sufficient for their payment.

4. [Except as stated in the preceding paragraph] the property devised to me is not subject to any burden created by said will.

or,

[Besides the debts and legacies payable primarily out of the personal estate that were charged also on the property] the property devised to me is charged by said will with the charges and other burdens set out in the schedule hereto and I assent to their registration as burdens [except those that are therein stated to be not subsisting].

5. As in par. 2 of Form 36.

6. As in par. 4 of Form 36.

See Note.

(Jurat as in Form 9.)

SCHEDULE.

First Part.

Particulars of subsisting burden(s) or right(s)

Name of claimant. If an infant or person of unsound mind, fact to be stated with name of guardian or committee

Address in Saorstát Eireann of claimant or his guardian or committee.

Second Part.

Particulars of burdens not subsisting

Name of claimant. If an infant or person of unsound mind, fact to be stated with name of guardian or committee.

Documents relied on in proof of discharge of burden.

Note.—If the devisee is a tenant for life or a trustee the terms of his application should be modified in the manner shown in Form 37 or 38 on applications for registration by like owners of property that vests in the personal representative.

FORM 45.—Notice to personal representative of a deceased full owner of an application for registration by a devisee of freehold hereditaments of the owner that do not vest in his personal representative (Rule 95.)

(Heading as in Form 17.)

Sir,

You are hereby given notice that A.B. of , as devisee of C.D.,

has applied to be registered as owner of the freehold property described on Folio

of the register County , of which C.D. was the full owner.

If you, as the personal representative of C.D., have any claim against the freehold property in respect of the debts or legacies charged thereon by his will but payable primarily out of his personal estate, you are required to notify the Registrar of your claim and of your estimate of the sum, if any, necessary to be raised out of the property in aid of the personal estate.

In default of any claim being made by you within  days from the service of this notice, the application will be proceeded with without further notice to you.

Your reply to this notice should be sent to the Registrar, Land Registry, Chancery Street, Dublin.

FORM 46.— Applicationfor registration by the heir, or widow, of an intestate full owner of freehold hereditaments that do not vest in his personal representative (Rule 96.)

(Heading as in Form 17.)

I, A.B., of      make oath and say—

1. C.B., the full owner of the property described in folio of the register, County   , died intestate on the  day of  19  , and letters of administration of his personal estate were granted to on the day of  [or, if no representation has been raised, refer to the evidence of death and intestacy relied on].

2. The said C.D. was registered as owner of the property described in the said Folio under a transfer of it to him [or, under a devise of it to him in the will of   state facts showing that the intestate is the "The purchaser" from whom title is to be traced], and I am his eldest son or as the case may be. He died a widower. [or, his wife, E.B. of  survives him]. I refer to the pedigree in proof of my title, and the documents, verifying it, that accompany this application.

or,

I am the widow of the said C.D., who died leaving no issue, and the net value of his real and personal estate does not exceed £500. I refer to the evidence in proof thereof that accompanies this application.

3. I have not transferred, charged, or dealt with, said property in any way [except—give particulars of any charge or other dealing by the applicant].

4. I apply to be registered as full owner of said property [and I assent to the registration of the dower of the widow of C.B. (and of the burden stated in par. 3 hereof) as burdens thereon].

(Jurat as in Form 9.)

FORM 47.—Application for registration as owner by the person entitled under a settlement, on the cesser of the estate of the registered limited owner. (Rule 97.)

(Heading as in Form 17.)

I, A.B, of make oath and say—

1. C.B., the registered limited owner of the property described in Folio   of the register County

   died on the   day of   19 .[or, if the estate of the limited owner determined on bankruptcy or any other event, state the facts that show it has determined.]

See Note 1.

2. The settlement under which the said C.B. was registered as limited owner is—state deed or will creating the settlement—,and under the limitations thereof I am now entitled in fee simple in possession [or, as tenant for life in possession. If there were estates prior to the estate of the applicant under the settlement which have determined, they should be referred to and the facts stated which show that they have determined. The application must show that the applicant is entitled in possession].

3. My estate in the property is not subject to any burden created by or arising under the settlement.

or,

The settlement created the burden(s) on my estate in the property that is [or, are] set out in the schedule hereto, and I assent to its [or, their] registration as burden(s) thereon.

or,

The settlement created the burdens on my estate in the property that are set out in the schedule hereto. Of these, those specified in the 2nd part of the schedule have determined or have been discharged [I refer to the documents specified in the 2nd column of said schedule in evidence (a) thereof]. I assent to the registration of the other burdens in said schedule as burdens on my estate in the property.

4. There were no trustees of the settlement.

or,

The trustees of the settlement are dead and no new trustees of it have been appointed. The last surviving trustee was and his personal representative is of [or, and no representation has been raised to him].

or,

The present trustees of the settlement are and I refer to the order [or, deed] by which they were appointed, and to their consent to my registration, which accompany this application.

5. I have not transferred, charged, or dealt with my estate in the property, [except—give particulars of any dealing by the applicant with his estate and assent to the registration of a dealing that is a burden] and I have no knowledge of any dealing affecting it other than those disclosed in this application.

6. I apply to be registered as full owner [or as limited owner] of all the property described in said Folio subject to the burdens to the registration of which I have herein assented.

(Jurat as in Form 9.)

(b) SCHEDULE

Part 1.

Particulars of burden created by the settlement that affects estate of applicant

Claimant of burden

Part 2.

Particulars of burden created by the settlement that has ceased to affect estate of applicant

(c) Documents accompanying application in proof of discharge or cesser of burden

Consent of (d) trustees of settlement to the registration of successor of registered limited owner, to be endorsed on application.

We, E.D. and G.H. of , the trustees of the settlement under which C.B. was registered as limited owner on Folio   County      , have read the within application of A.B. for registration as owner on said Folio  .The statements in Paragraphs 1, 2, 3 and 4 thereof are accurate. We have no notice of any dealing by A.B. with his estate in the property under the settlement that is not disclosed in the application or, as the case may be. We consent to the registration of A. B. as full owner [or, as limited owner] on said Folio free from the burdens created or arising under said settlement [or, subject only to the burdens created or arising under said settlement specified in the schedule] [or, the 1st Part of the schedule] to the within application, which are the only burdens in the settlement that now affect the estate of A. B. thereunder.

Dated the

day of

19

.

(Execution as in Form 36.)

Note 1.—The application may also be made by the trustees of the settlement. If by them, the appropriate modifications of the Form are to be made, and the assent is to be lodged of the owner to be registered to the registration of any burdens affecting his estate for the registration of which the trustees apply.

Note 2.—If there are trustees of the settlement and they consent in the prescribed Form to the registration, no evidence of the discharge of any burden created by the settlement other than their admission of its discharge or cesser is necessary.

(a) See Note 2

(b) The schedule is only to be divided into parts if some of the burdens have been discharged.

(c) See Note

(d) See Note 2 to Form 37.

FORM 48.—Assent to the registration of a burden. (Rule 101.)

(Heading as in Form 17.)

A.B. of     hereby assents to the registration of the burden specified in the schedule [or, the first part of the schedule] hereto as a burden on the property described in Folio    of the register County [or, on the part of the property described in Folio  of the register County    specified in the second part of said schedule].

Dated the

day of

19

.

(To be signed by the person authorised by Section 45 or(2) or Rule 94 (1) to concur in the registration of the burden, or his solicitor. If signed by the solicitor, he must state explicitly that he is solicitor for the person authorised to concur. If signed personally by the person authorised to concur, his signature is to be attested.)

(a) SCHEDULE.

Part 1.

To contain particulars of the burden to be registered as stated in the instrument creating it.

Part 2.

To contain particulars of the part of the property in the Folio on which the burden is to be registered.

Note.—The schedule is only to be divided into parts when the burden is to be registered against part of the property described in a Folio.

(a) See Note.

FORM 49.—Charge for a principal sum. (Rules 51, 109).

(Heading as in Form 17.)

Charge dated the  day of   19 . A.B., the registered owner, in consideration of pounds

(£  ) paid to him by C.D., hereby charges all the land [or, leasehold estate or, hereditament] described in Folio  of the register County   with payment to C.D. on the   day of  19  of the principal sum of   pounds (£  ) with interest thereon  at per cent. per an. payable half-yearly on the   day of and  day of  in every year, and A.B. hereby covenants for the payment of the principal sum and assents to the registration of the charge as a burden on the said property. The address in Saorstát Eireann of C.D. for service of notices, and his description are—

(Execution as in Form 19.)

Note.—Any of the following or similar stipulations may be added to the Form, if required :—

i. The interest secured by the charge shall be reduced to   per cent. in every half-year in which it is paid within  days after it becomes due.

ii. The principal sum shall not be called in till the day of 19 , unless the interest shall fail to be paid within days after it becomes due.

iii. If the interest shall be paid within days after it becomes due, the principal shall be payable by instalments of £ each to be paid on the day of in every year.

iv. The whole or any part (not less than £ at any one time) of the principal may be paid on any day on which interest becomes due on giving  months notice in writing of the intention to do so, and on paying all interest that may be due at the time of such payment of principal.

FORM 50.—Charge for future advances. (Rules 51, 109, 112.)

(Heading as in Form 17.)

Charge dated the  day of   19 . A.B., the registered owner, hereby charges all the land [or, leasehold estate, or hereditament] described in Folio   of the register County  with payment to C.D. of future advances not exceeding in all pounds (£  ) with interest, etc., as in Form 49.

(Execution as in Form 19.)

FORM 51.—Charge by a personal representative on land that is vested in him for moneys that he is liable to pay as personal representative. (Rule 109.)

(Heading as in Form 17.)

Charge dated the  day of  19 . A.B., the personal representative of C.D., the registered full owner, hereby charges all the land described in Folio  of the register County  , with all moneys [or, all moneys not exceeding £  ] that the personal representative of C.D. is liable to pay.

(Execution as in Form 19.)

Note.—The assent prescribed by Rule 100 (1) iii, to the registration of this charge must accompany it.

FORM 52.—Transfer of Charge. (Rules 51, 109.)

(Heading as in Form 17.)

Transfer dated the  day of  19 . In consideration of   pounds (£   ) paid to him, A.B., the registered owner, [or, the personal representative of the registered owner] hereby transfers to C.D. the charge for   registered on the    day of   19   as a burden on the property described in Folio   of the register, County   .

The address in Saorstát Eireann of C.D. for service of notices and his description are :—

(Execution as in Form 19.)

FORM 53.—Requisition for the discharge of a charge by its registered owner. (Rules 51, 109.)

(Heading as in Form 17.)

Discharge dated the   day of   19 .A.B., the registered owner of a charge for £  registered on the   day of  as a burden on the land [or, leasehold estate, or, hereditament] described in Folio   of the register, County   , hereby requires a note of the discharge [or, satisfaction] of said charge as a burden on said property [or, the part of said property specified in the schedule hereto] to be entered in said Folio of the register.

(To be signed by registered owner of charge and signature attested.)

[Schedule, when necessary.]

FORM 54.— Charge by way of Annuity. (Rules 51, 109.)

(Heading as in Form 17.)

Charge dated the    day of   19  . A.B., the registered owner of the land [or, leasehold estate, or hereditament] described in Folio    of the register, County  , hereby—

(1) grants to C.D. an, annuity of    pounds (£   ) for his life [or, for   years] from the  day of    19  , to accrue from day to day but to be paid free from all deductions, except income tax, by half-yearly [or, quarterly, or, monthly] payments on the   day of and the     day of     in every year.

(2) charges all the said property with the said annuity and assents to its registration as a burden thereon.

(3) The address in Saorstát Eireann of C. D. for service of notices and his description are:—

(Execution as in Form 19.)

Note.—A covenant for payment of the annuity may be inserted, if required

FORM 55.—Grant of a perpetual rent charge out of freehold property. (Rule120.)

(Heading as in Form 17.)

Grant dated the    day of   19 .A.B., the registered owner, in consideration of  hereby grants to C.D. in fee simple a perpetual yearly rent charge of    pounds (£    ) to issue out of all the land [or, hereditament] described in Folio   of the register, County   ,

and to accrue from day to day but to be paid, free from all deductions except income tax, by half-yearly payments on the    day of   and the    day of    in every year, the first payment to be made on the      day of   , and A.B. hereby assents to the registration of said rent charge as a burden on the said property.

The address and description of C.D. are :—

(Execution as in Form 19.)

Note 1.—A covenant for payment of the rent charge may be added, if desired.

Note 2.—The register will not be evidence of the ownership of the rent charge unless its ownership is registered in a subsidiary register.

FORM 56.—Entry to be made in register on deposit in the Registry of an affidavit of judgment as a judgment mortgage. (Rule114.)

An office copy of an affidavit by    of a judgment [or an order] obtained by A.B. against C.D. on the   day of   19  , in the High Court [or, in the Circuit Court of   ] in a cause [or matter] of A.B. v. C.D. has been deposited in the Registry as a mortgage on the interest of C.D. in the land [or, in part of the land of    containing a. r.  p., or in the leasehold estate, or in the hereditament]. The amount owing on said judgment [or, order] is stated to be £ .

FORM 57.—Notice of the deposit in the Registry of an affidavit of judgment as a judgment mortgage. (Rule 116.

Land Registry,

Chancery Street,

Dublin.

Sir, [or Madam]

You are hereby given notice that an affidavit of a judgment [or, an order] obtained on the  day of

  19  against C.D. in the High Court [or Circuit Court of   ] in a cause [or, matter] of   

has been deposited in this Registry as a mortgage on the interest of C. D. in the land [or, leasehold estate] described in Folio   of the register, County   , of which   is the registered owner and notice of the deposit has been entered in said Folio. The amount stated to be due on the judgment is £  .

To

FORM 58.—Requisition by a judgment creditor for the discharge in the register of an entry of a notice of deposit of an affidavit of judgment as a mortgage. (Rule 118.)

(Heading as in Form 17.)

A.B., the judgment creditor specified in an affidavit of judgment deposited in the Registry on the

  day of as a mortgage on the interest of C.D. in the property described in Folio of the register, County     , hereby requires the discharge in said Folio  of the entry of the notice of deposit of said affidavit.

Dated the day of 19 .

(To be signed by the judgment creditor and his signature attested.) To the Registrar of Titles.

Note.—This discharge may also be given by the personal representative of the judgment creditor.

FORM 59.—Requisition for the registration of a lis pendens as a burden. (Rule 124.)

(Heading as in Form 17.)

Sir,

The memorandum hereunder written contains the particulars of a lis pendens in the High Court [or, Circuit Court of    ] which I require to be registered as a burden on the estate or interest of the person hereunder mentioned in the land [or, leasehold estate, or hereditament] described in Folio of the register, County

Signature*

Memorandum.

Name of person whose estate or interest is intended to be affected

Usual or last known place of abode of such person

Title, trade, or profession of such person

Title of the cause or matter :

Particulars of the claim made or the relief sought in the cause or matter in respect of the registered property :

I certify that the Lis Pendens described in the above memorandum is in existence.

Dated the   day of  19 .

Signature*.

To

The Registrar of Titles.

*Name of solicitor with name of party for whom he is acting.

*Of the proper officer of the court in which the Lis Pendens is.

FORM 60.-Entry of Lis Pendens in the register. (Rule 124 (2).)

Proceedings affecting the estate [or, interest] of C.D. in the property are pending in the High Court [or, Circuit Court of ] in a cause [or, matter] of

FORM 61.—Entry of recognizance in the register. (Rule 125.)

A recognizance acknowledged by A.B. before C.D. on the day of in the sum of £ affects the estate [or, interest] of A.B. in the property.

FORM 62.—Grant of a right of way by a registered full owner of freehold land for the benefit of other registered Land. (Rule126.)

(Heading as in Form 17.)

Grant dated the    day of   19 . In consideration of    A.B., the registered owner of the land described in Folio (insert Folio No. of Land of A.B.) of the register, County  , hereby grants to C.D., his heirs and assigns, the owners of the land described in Folio (insert Folio No. of land of C.D.) of the register of said County, and his and their licencees, full right and liberty at all times and for all purposes on foot and with or without animals or vehicles to pass and repass over the part of the land of     described on said Folio (insert Folio No. of land of A.B.) forming the way leading from

   to   and lettered [or, tinted   ] on the map annexed hereto, and A. B. hereby assents to the registration of the said right as a burden on the said part of the land lettered [or, tinted   ] on said map.

(Execution as in Form 19.)

Note.—If the right is to be limited, or is to be subject to obligations to repair, etc., the Form may be adapted accordingly (Rule 52). In all cases the way should be shown on a section of an ordnance map annexed to the deed.

FORM 63.—Requisition for Caution against dealings by a registered owner. (Rule127.)

(Heading as in Form 17.)

A.B. hereby requires that no dealing [or, no dealing in favour of

or, no charge, or, as the case may be] by the registered owner with the property described in Folio  of the register, County   , [or, with the part of the property described in Folio  of the register, County  ,edged in red on the map annexed hereto] be registered until notice has been served on him.

The address in Saorstát Eireann of A.B. for service of notices and his description are :

Dated the

day of

19

.

(To be signed by the cautioner or his solicitor. If signed by cautioner his signature is to be attested (Rule 53).

Note.—If the caution is to be limited to dealings in favour of a named person, or to a particular class of dealings, the requisition must state so specifically.

FORM 64.—Affidavit in support of Caution (Rule127).

(Heading as in Form 17.)

I, A.B., of make oath and say—

1. My interest in the property referred to in the within caution is as follows:

[state the facts and refer to the documents( if any) giving rise to, or creating a right in favour of the Caution in, to, or over the property]

(Jurat as in Form 9.)

(To be sworn by the cautioner, or with the necessary modification by his solicitor.)

FORM 65.—Notice to owner of entry of Caution. (Rule127.)

Land Registry,

Chancery Street,

Dublin.

NOTICE.

Sir [or, Madam],

You are hereby notified that A.B. of    has registered a caution in Folio of the register, County  , against the registration of any dealing [or, as the case may be] by you with the property described therein of which you are the registered owner [or, with the charge registered in said Folio on the

  day of   of which you are the registered owner] until notice thereof has been served on him.

Short particulars of the right for the protection of which the caution has been registered are given in the schedule hereto.

Dated the

day of

19

.

To :

Schedule.

FORM 66.—Warning Notice to Cautioner of dealing lodged. (Rule128)

(Heading as in Form 17.)

WARNING NOTICE.

Sir [or, Madam],

You are hereby given notice that the dealing specified in the schedule hereto has been received for registration. The caution entered by you on the day of      against dealings by the registered owner of the property described in Folio    of the register, County    , [or, of the charge registered on the day of in Folio of the register, County  ], until notice had been served on you, will cease to have effect after the expiration of   days from the service of this notice, and registration under the dealing will proceed unless an order to the contrary is made by the Registrar. Any application by you for a stay of registration must state the grounds thereof.

This notice will be deemed to have been received by you within days from the date hereof in absence of proof to the contrary.

Dated the

day of

19

.

To

Schedule.

FORM 67.—Warning Notice to Cautioner of an application by the registered owner to discharge caution (Rule128).

(Heading as in Form 17).

WARNING NOTICE.

Sir [or, Madam],

You are hereby given notice that the registered owner of the property described in Folio  of the register, County     [or, of the charge registered on the  day of 19  , on the property described in Folio  of the register, County    ,] has applied to the Registrar to discharge the caution entered by you against dealings by him. Short particulars of the grounds of his application are stated in the schedule hereto. Your caution will cease to have any effect and will be discharged in the register after the expiration of days from the service of this notice unless an order to continue it is made by the Registrar. Any application by you to the Registrar to continue the caution must state the grounds thereof.

This notice will be deemed to have bean received by you within days from the date hereof in absence of proof to the contrary.

Dated the

day of

19

.

To

SCHEDULE.

FORM 68.—Application by cautioner for withdrawal of caution. (Rule131).

(Heading as in Form 17).

A.B. hereby applies for the withdrawal of the caution entered in his name on the  day of 

  against dealings by the registered owner of the property [or, the part of the property shown on the plan annexed hereto and] described in Folio   of the register, County  [or, of the charge registered on the day of on the property described in Folio  of the register, County   ].

Dated the

day of

19

.

(To be signed by the cautioner or his solicitor. If signed by the cautioner, his signature is to be attested. Rule 53.)

Note.—The personal representative of the cautioner may also make the application, the necessary alterations in the Form being made.

FORM 69.—Application to the Registrar for the entry of an inhibition in a register. (Rule135).

(Heading as in Form 17.)

A.B. of   hereby applies to the Registrar for the entry of an inhibition against dealings with the property [or, with the part of the property specified in the schedule hereto] described in Folio   of the register, County    [or, with the charge (or, burden) registered on the   day of   on the property described in Folio     of the register, County  ].

1. The grounds of the application are : refer to document creating the unregistered right, and state shortly its effect ; or, if there is no document creating the right, refer to the affidavit that discloses the facts giving rise to the right.

2. The inhibition for the protection of the unregistered right in the preceding paragraph referred to that is applied for is : state clearly the terms of the restriction asked for ; see Rule 133.

3. The address of A.B. in Saorstát Eireann for service of notices and his description are :

Dated the

day of

19

.

(To be signed by the applicant or his solicitor.)

[Schedule]

FORM 70.—Forms of inhibition (Rule 133).

i. No registration under a disposition by or transmission from the registered owner, except a transfer on sale, is to be made without prior notice to

ii. No registration under a disposition for value by the registered owner [of the part of the land of shown as plan edged in red on the Registry Map of the property or,,other description identifying the part of the property with which dealings are to be restricted] is to be made during the lives of A and B and the survivor without their consent or the consent of the survivor.

iii. No registration is to be made under a disposition for value by the registered owner(s), except a transfer on sale, [such transfer during the lives of A and B and the survivor to be made with their or his or her consent, and no registration under a voluntary disposition is to be made except with the consent of A and B and the survivor, and, after the death of the survivor, with the approval of the Registrar after inquiry into title.]

iv. No registration under any disposition [for value] by the registered owner is to be made except under order of the Registrar [after inquiry into title].

v. When the number of the registered owners is reduced below two, no registration under a disposition by or transmission from the surviving owner is to be made except after notice to [or, except with the consent of , or except under order of the Registrar].

vi. No registration under a disposition by the registered owner is to be made until—state the time that is to elapse, or the event that is to occur, before registration may be made.

vii. No registration of the ownership of the estate limited to B by the settlement is to be made without the consent of C or his personal representative.

viii. No registration of ownership under the settlement is to be made after the termination of the estate of the registered limited owner except after notice to  [or, with the consent of ].

ix. No registration of the ownership of, or of a burden on, the estate limited to B by the settlement under a disposition thereof for value is to be made without the consent of A or his personal representative [or, except after notice to ].

FORM 71.—Notice of an application for the entry of an inhibition (Rule136).

(Heading as in Form 17.)

Sir [or Madam],

An application has been made to the Registrar by    for the entry in the register of an inhibition restricting dealings by with the property described in Folio      of the register, County   

The grounds of the application are stated in the schedule hereto,

On the facts disclosed the Registrar proposes to enter in said Folio a restriction in the following terms:

and this entry will be made unless cause to the contrary is shown by you within days from the service of this notice.

Any objection by you to the proposed entry should be in writing addressed to the Registrar, Land Registry, Chancery Street, Dublin. It should state the grounds of your objection, and the modification, if any, of the proposed restriction that you apply for.

This notice is sent to you as

It will be deemed to have been received by you within days from the date hereof in absence of proof to the contrary,

Dated the

day of

19

.

To

Schedule above referred to.

FORM 72.-Application to the Registrar for the discharge or modification of an inhibition on consent (Rule138).

(Heading as in Form 17.)

A.B. of      hereby applies to the Registrar for the discharge [or, modification] in the register of the inhibition entered in Folio  of the register, County  , on the   day of   in the following terms : state the restriction as entered, as follows : state the proposed modification or, if the application is for discharge of the restriction omit the words "as follows."

And C.D. of and F.F. of hereby consent to the withdrawal [or, modification] above applied for.

Dated the

day of

19

.

(To be signed by the applicant or his solicitor and all other parties interested in the restriction or their solicitors. The signature of parties who sign to be attested. A solicitor who signs must state the party for whom he is solicitor.)

FORM 73.—Application to the Registrar for the discharge, or modification of an inhibition, when parties do not consent (Rule138).

(Heading as in Form 17).

A.B. of hereby applies to the Registrar for the discharge [or, the modification] in the register of the inhibition entered in Folio of the register, County    , on the   day of in the following terms : state the restriction as entered, as follows : state the proposed modification, or if the application is for the discharge of the restriction omit the words—"as follows."

The applicant relies in support of his application on the facts disclosed in the following documents which accompany it : specify the documents and affidavits relied on.

Dated the

day of

19

.

(To be signed by the applicant or his solicitor.)

FORM 74.—Notice to the Registrar of presenting of a petition of bankruptcy or of a petition under S. 343 of the Irish Bankrupt and Insolvent Act, 1857. (Rule 142.)

(Heading as in Form 17.)

To : The Registrar of Titles.

You are hereby notified that a petition of bankruptcy was presented against [or, by] A.B.  of [or, that a petition under Section 343 of the Irish Bankrupt and Insolvent Act, 1857, was presented by A.B. of

  ] in the High Court [or, Circuit Court of  ] on the  day of 19 , in the matter of :—insert title of matter.

Dated the

day of

19

.

(To be signed by the Registrar of the Court in which the bankruptcy proceedings are pending.)

Certificate to be endorsed on Form 74.

I, E.F., solicitor for    certify that the within named A.B. is the same person as the registered owner of the property described in Folio     of the register, County    , and I apply to have notice of the presenting of the petition entered in said Folio.

Dated the

day of

19

.

Signature :

FORM 75.—Notice of the annulling of an adjudication of bankruptcy made on a petition of which notice has been entered in a register. (Rule 143.)

(Heading as in Form 17.)

To : The Registrar of Titles.

You are hereby notified that the adjudication of A.B. as a bankrupt on the petition of   , notice of the presenting of which was entered in Folio of the register, County     , on the day of   ,has been annulled.

Dated the

day of

, 19

.

(To be signed by the Registrar of the Court in which the petition was filed.)

Endorsement on Form 75.

I, E.F., solicitor for     hereby apply for the discharge in the register of the notice of the presenting of the petition within referred to.

Dated the

day of

19

.

Signature :

Note : See Rule 82 (8)

FORM 76.—Land Certificate. (Rule 154.)

LAND REGISTRY.

County

Folio

This is to certify that the ownership of the freehold Land within described, which is registered in Folio   of the register, County    , is as within stated ; and that the burdens, notices of burdens, cautions, and inhibitions, within set forth appear in the register as affecting the land.

Registry

Seal

Certificate issued on the     day of    19 .

PART I.

The land whose ownership is certified.

PART II.

The ownership of the land.

PART III.

The burdens and notices of burdens appearing in the register as affecting the land.

*

Note—Cautions and inhibitions affecting dispositions of the land are to be entered in the part of the certificate in which its ownership is stated. Cautions and inhibitions affecting a burden are to be entered in the part of the certificate in which the burden appears,

*If there is no burden or notice of burden in the register when the certificate is issued write "None,"

FORM 77.—Certificate of Charge. (Rule155.)

LAND REGISTRY.

County

Folio

This is to certify that a charge for £       repayable with interest at

is registered as a burden on the property within described and that the owner within named is the registered owner of the charge subject to the burdens, cautions and inhibitions within stated.

[A duplicate (or, an office copy) of the instrument of Charge is annexed hereto.]

Registry

Seal

Certificate issued on the

day of

19.

PART I.

The property on which the charge is registered.

PART II.

The registered owner of the Charge.

PART III.

The burdens and notices of burdens appearing in the register as affecting the charge.

*

Note.—Cautions and inhibitions affecting dispositions of the charge are to be entered in the part of the certificate in which its ownership is stated. Cautions and inhibitions affecting a burden on the charge are to be entered in the part of the certificate in which the burden appears.

*If there is no burden or notice on the charge when the certificate is issued write "None."

FORM 78.—Application for order for production of a land certificate or other certificate of title. (Rule 162.)

(Heading as in Form 17.)

To : The Registrar of Titles.

1. I am [the solicitor for A.B.] the applicant for registration in Folio      of the register, County   , under the instrument specified in the schedule hereto.

2. The Land Certificate [or, other certificate of title] of the property, the production of which in the Registry is required for the purpose of the registration applied for, is in the custody of insert name, description and address, of the person who has the custody.

3. I apply that an order be made under section 81 of the Act for the production of the certificate by the said   for the purposes of the above-mentioned registration which I am advised can be made without his consent.

Dated the

day of

19

.

SCHEDULE.

(To contain particulars of the document under which registration is applied for.)

FORM 79.—Notice to accompany a certificate of title deposited in the Registry for the purpose of a specified registration. (Rule166).

(Heading as in Form 17.)

To : The Registrar of Titles.

The land certificate [or, other certificate of title] of the property described in Folio   of the register, County   , which accompanies this notice is deposited in the Registry for the purposes of the registration(s) to be applied for under the instrument(s) specified in the schedule hereto.

[Registration under the instruments is to be applied for within from the date hereof and] the certificate is to be redelivered to insert name and address of person having the custody of the certificate or his solicitor, to whom it is to be redelivered.

Dated the

day of

19

.

(To be signed by the holder of the certificate or his solicitor ; if by the solicitor, the name of the holder for whom he acts to be stated.)

Schedule.

FORM 80.—Official receipt for a certificate of title deposited in the Registry for a specified registration. (Rule166.)

(Heading as in Form 17.)

Received from   the land certificate [or, other certificate of title], of the property described in Folio of the register, County     for the purposes of registration(s) to be applied for under the instrument(s) specified in the schedule hereto.

Dated the

day of

19

.

Schedule.

FORM 81.—.Notice of lodgment of deeds in the Registry subject to a lien thereon. (Rule 179.)

(Heading as in Form 1 or 17.)

To : The Registrar of Titles.

NOTICE.

The documents specified in the schedule hereto are lodged by me [or, by   ] in the Registry at the request of [or, in compliance with an order of the Registrar dated ] for the purposes of an application by   for the first registration of the land [or, some of the lands] described therein [or, for the cancellation of the notice of equities in Folio of the register, County   ] The deeds were deposited by   with me [or, with   ] on the   day of  by way of equitable mortgage to secure advances made [and to be made] to him, on foot whereof sums are due, and I require that no registration be made that will defeat or prejudice my lien until it is satisfied or provided for.

Dated the

day of

19

.

(To be signed by the depositee or his solicitor.)

Schedule.

FORM 82.—Application for the transmission of a filed instrument to a Local Registrar for production in a Circuit Court. (Rules184, 185.)

LAND REGISTRY.

To : The Registrar of Titles.

I, A.B., solicitor for C.D.   of apply that the document specified in the schedule hereto be transmitted to the Local Registrar of the County of   for production at the sitting of the Circuit Court to be held at on the day of 19 , in a cause [or, matter] of now pending in that Court.

The plaintiff [or, petitioner or defendant) in said cause [or, matter] is the registered owner [or, the personal representative of the registered owner] of the land described in Folio   of the register, County   , to which said document relates.

or,

If the registered owner or his representative is not a party to the proceedings, state the facts which show that the applicant is entitled under Rule 184 to have the document transmitted.

Dated the

day of

19

.

(To be signed by the solicitor.)

Schedule.

(Insert particulars of the document and give its instrument No. in the Registry, or, if it has none, the reference to the proceedings in which it was lodged.)

FORM 83.—Requisition for official search for an ownership registered in a given name. (Rule 192.)

LAND REGISTRY.

To: The Registrar of Titles.

I require to be furnished with the Folio references in the register(s) for the County of   , in which the ownership of any land, [or, leasehold estate, or right entered in a subsidiary register] is registered in the name of

Dated the

day of

19

.

(To be signed by applicant, whose address in Saorstát Eireann must also be given.)

FORM 84.—Requisition for official search for the registration of the ownership of a specified parcel of land, or of any leasehold estate or right therein registered in the registers of leaseholders or of subsidiary interests. (Rule 192.)

LAND REGISTRY.

To: The Registrar of Titles.

I require to be furnished with the Folio reference(s) in the register(s) for the County of   , in which the ownership of the part of the townland of   [or, other description on ordnance map] shown on the annexed plan [or, of any leasehold estate or right therein registered in the registers of leaseholders or of subsidiary rights] has been registered.

Dated the

day of

19

.

(To be signed by the applicant, whose address in Saorstát Eireann must be given.)

Note.—A description from the ordnance map must be given. A city or town in a County is part of the County. The plan annexed to the requisition should be drawn on a section of the ordnance sheet of the district.

FORM 85.—Certificate of result of an official search for an ownership registered in a given name. (Rule 192.)

LAND REGISTRY.

After diligent search made in the register(s) of County   for an ownership of land [or, of a leasehold estate, or, of a right in land entered in a subsidiary register] that is registered in the name of   , I certify that no ownership is registered in that name [except those in the Folio(s) of the register specified in the schedule hereto].

Dated the

day of

19

.

Schedule above referred to.

Folio No. of register

Name of the registered owner

Address and description of registered owner on Folio

FORM 86.—Certificate of result of search for the registration of the ownership of specified property. (Rule 192.)

LAND REGISTRY.

After diligent search in the Registry Map for the County of     

I certify that the ownership of   shown on the annexed plan is registered in Folio   of the register, County

or,

that the ownership of a leasehold estate in [or, a rent charge out of]

shown in the annexed plan is registered in Folio   of the register, County

or,

that (a) it does not appear from the map that the ownership of

shown on the annexed plan [or, of any leasehold estate therein, or of any right therein entered in a subsidiary register] has been registered.

Dated the

day of

19

.

(a) Until the destroyed Registry Map has been completely reconstructed any certificate of no registration given will be qualified by these words.

FORM 87.—Summons to attend before the Registrar. (Rule 206.)

LAND REGISTRY.

(Heading as in Form 1 or 17 as the case may require.)

You are hereby required to attend before me at my chamber in the Land Registry, Chancery Street, Dublin, at the hour of o'clock in the forenoon on the day 19 (a) [to be examined in relation to state the purpose for which attendance is required] and/or (b) [to produce the document(s) specified in the schedule hereto].

If you wilfully neglect or refuse to attend in compliance with this summons, you will be liable for the penalty in that behalf prescribed by the Local Registration of Title (Ireland) Act, 1891.

Dated the

day of

19

.

Registrar of Titles.

Registry

Seal.

Schedule (when necessary).

(a) To be omitted if the attendance is only to produce documents.

(b) To be omitted if the attendance is only for examination.

FORM 88—Requisition to close a register pursuant to Section 20 of the Act. (Rule 12.)

(Heading as in Form 17.)

I, A. B., the registered full owner [or, limited owner] of the land described in Folio   of the register, County  , hereby declare:—

1. The first registration of the ownership of said land was voluntary.

2. I refer to the consents, which accompany this requisition, of all persons appearing from the said Folio to be interested in said land, to the closing of the register thereof.

or,

No person other than myself appears from said Folio to be interested in said land.

3. I require the register to be closed in respect of said land.

Dated the

day of

19

.

(To be signed by the registered owner, his signature to be attested, and verified by affidavit of the witness.)

Note.-The requisition may be adapted to the closing of a Folio of the register of leaseholders or the register of subsidiary interests.

FORM 89.-Memorial for the Registry of Deeds of the closing of the register in respect of property. (Rule 12.)

To : The Registrar of Deeds.

A Memorial of the closing in the Land Registry on the   day of   19  , of the register of the ownership of the freehold land described in the second column of the schedule hereto sheweth that on the closing of the register the person named in the first column of the schedule hereto was the registered full owner of said freehold land [or, the registered limited owner of said freehold land under a settlement., etc.] subject as appears in Folio of the register.

Schedule.

lst column

2nd column

Name,address, and description of owner

Description of the land in Folio of the register, County

Registry

Seal

Note—-When the register closed is a Folio of the register of leaseholders or of the registers of subsidiary rights, such modifications of the Memorial shall be made as shall show the leasehold or subsidiary interest in the land in respect of which the register has been closed.

SCHEDULE OF COSTS.

PART I.

Scale of charge for transfer (except a transfer on sale) by a registered owner, or his personal representative.

Value of property transferred

Remuneration

Not exceeding £100

£20 0

Exceeding £100 but not exceeding £300

£20 0 on first £100, 15s. oneach subsequent £100 or part of £100.

Exceeding £300 but not exceeding £1,000

£3 10 0 on first £300 and 10s. on eachsubsequent £100 or part of £100.

Exceeding £1,000

£7 0 0 or, at option of solicitor, theremuneration chargeable under clause 2 (c) ofthe order of 1884.

PART II.

Scale of charge for application under Rules 34, 35, or 36.

Value of property affected by notice

Remuneration

Not exceeding £250

£1

10

0

Exceeding £250 but not exceeding £500

£2

0

0

Exceeding £500

£3

0

0

PART III.

Costs payable under Rule 117 (6).

Costs to applicant:

(a) if cancellation made without objection by judgment creditor

£1

0

0

(b) if cancellation made after objection by judgment creditor

£2

0

0

Costs to judgment creditor:

On objection by him to cancellation when cancellation refused

£2

0

0