S.I. No. 292/1937 - The Land Registration Fee Order, 1937.

STATUTORY RULES AND ORDERS. 1937. No. 292.

THE LAND REGISTRATION FEE ORDER, 1937.

The Minister for Justice, with the concurrence of the Minister for Finance, in exercise of his power in section 8 (1) of the Local Registration of Title (Ireland) Act, 1891, as amended by section 66 of the Courts of Justice Act, 1936 , and of every other power enabling him in this behalf, hereby orders that the fees to be taken in the Land Registry for the purposes of the Local Registration of Title (Ireland) Act, 1891, shall be those herein prescribed.

LAND REGISTRY.

First Registrations.

1 General.

1. On every application for first registration, except an application to which the next clause applies, the fee to be taken and paid shall be ascertained on scale No. 1 in the first schedule hereto.

2 Special cases.

2. On an application for first registration—

(i) by the Land Commission under section 23 (1) (b) of the Act for the registration of an owner with a notice of equities,

(ii) by the Land Commission, the Commissioners of Public Works, or a Local Authority, for the registration of an owner with a possessory title,

(iii) by a Local Authority for the registration of a purchaser under the Labourers Act, 1936 ,

(iv) by a Local Authority or a Department of the State for the registration of an ownership when registration can be made on the certificate prescribed by Rule 20,

(v) by or on behalf of the original lessee of a lease, or his personal representative, or the immediate assignee of one of them, for the registration of his ownership in the register of leaseholders when no note in the register of the validity of the lessor's title is applied for,

(vi) by the original grantee of a perpetual yearly rent, rentcharge, or other incorporeal hereditament of freehold tenure for registration of ownership in a register of subsidiary rights when no note in the register of the validity of the grantor's title is applied for,

(vii) by the original owner of a right, except an incorporeal hereditament of freehold tenure, created in his favour, or his personal representative, for the registration of his ownership in a register of subsidiary rights,

the fee to be taken and paid shall be ascertained on scale No. 3 in the first schedule hereto.

Cancellation of a notice of equities, or other cancellation or entry in a register involving examination of title to property whose ownership is unregistered.

3 General.

3. On every application, except an application to which the next clause applies, for—

(i) the cancellation of a notice of equities or of possessory or qualified title;

(ii) the entry of a note of the validity of a lease or grant in the register;

(iii) the examination of title required by section 53 (2) (d) of the Act;

(iv) the discharge of a burden whose ownership is not registered that involves an examination of the title thereto,the fee to be taken and paid shall be ascertained on scale No. 2 in the first schedule hereto.

4 Special cases.

4. On an application under rules 34, 35 or 36 of the Rules for the cancellation of a notice of equities or of possessory title,the fee to be taken and paid shall be ascertained on scale No. 3 in the first schedule hereto.

Dealings.

5 Transfers and charges for value.

5. On an application for—

(i) registration of ownership on a transfer on sale, or marriage, or for other valuable consideration,

(ii) registration of a charge by way of mortgage for money or money's worth as a burden, except a charge by way of indemnity, or as substituted security, or by way of further assurance,

(iii) closing a register pursuant to section 20 of the Act, the fee to be taken and paid shall be ascertained on scale No. 2 in the first schedule hereto.

6 Voluntary transfers and transmissions.

6. On an application for registration of ownership

(i) on voluntary transfers, except those specified in clause 7 (i) hereof,

(ii) on transmissions, except those specified in clause 7 (ii) hereof,

the fee to be taken and paid shall be one half of the fees ascertained on scale No. 2 in the first schedule hereto, with a minimum fee of 6/-.

7 Other dealings.

7. On an application for—

(i) registration of ownership on a vesting order, not being an order made in completion of a contract of sale, or on an application by the solicitor for the Land Commission or a Local Authority under rules 83 or 85,

(ii) registration on transmission of a personal representative under rule 88, of the successor of a registered limited owner, of the assignees or trustees in bankruptcy of a bankrupt or an arranging debtor, or the withdrawal of the name of a joint tenant from the register on his death,

(iii) reregistration of a bankrupt or an arranging debtor or the cancellation of the entry of an assignee of his limited estate under rule 82 (5),

(iv) registration as a burden of a judgment mortgage, lease, charge (except a charge to which clause 5 applies) or any other burden,

(v) the discharge of a burden when its discharge does not involve an examination of the title to its unregistered ownership,

(vi) the entry of notice of the existence of or the exemption from a burden specified in section 47 of the Act,

(vii) the entry of a caution or inhibition, except an inhibition on consent of the owner,

(viii) the entry of the assignee of a limited owner (except on a sale), or of the trustees of a settlement under which a limited owner is registered, or of a notice under section 76 (2) of the Act,

(ix) the entry of the conclusiveness of a boundary,

(x) the rectification of a register under an order of the Court,

(xi) any entry in a register for which no other fee is prescribed,

the fee to be taken and paid shall be ascertained on scale No. 3 in the first schedule hereto.

Certificates of title and other transactions.

8 Certificates of title.

8. On an application for a land certificate, certificate of charge (except the certificate prescribed by rule 156 of the Rules) or other certificate of title, the fee to be taken and paid shall be ascertained on scale No. 3 in the first schedule hereto, and there shall be paid in addition the scrivenery fee in the second schedule hereto.

9 Other transactions.

9. For each transaction specified in the second schedule hereto the fee shall be that fixed therein.

10 Postage and notice fees.

10. In addition to the fees herein prescribed the following shall be paid—

(i) a correspondence fee of 6d. in every case in which the prescribed fee does not accompany an application made through the post, or in which application is made through the post for the assessment of a fee, or in which an applicant requires documents returnable to him to be returned through the post,

(ii) a notice fee of 6d. for each notice sent by ordinary post from the Registry in compliance with rules 39 (i), 74, 93, 95, 97 or 138 of the Rules. Where notice is sent by registered post the fee shall be 1/-.

11 Fractions. How calculated.

11. A fraction of 6d. in a fee ascertained on an ad valorem scale shall be charged and paid as 6d.

Abatements of Fees.

12 On first registrations and cancellations of a notice of equities.

12. (1) Where the title of an applicant for first registration or for cancellation of a notice of equities or of possessory or qualified title is supported by an opinion of counsel as authorised by rules 19 or 38 (2) of the Rules, the fee shall be reduced by one half, with a minimum fee of 6/-.

(2) When an application is for first registration of ownership of a lease or rentcharge or other incorporeal hereditament of freehold tenure being registered as a burden on registered property, and a Folio of the leasehold or subsidiary registers is open in which the applicant's ownership is to be registered, the fee shall be reduced by one half.

(3) Where an application is for first registration in a subsidiary register of the ownership of a registered burden, other than an incorporeal hereditament of freehold tenure, and a Folio of a subsidiary register is open in which the applicant's ownership is to be registered, the fee shall be reduced by two-thirds.

13 On transfers for value.

13. On registration on a transfer for value—

(i) no fee shall be payable for the discharge, as against the property transferred, of any burden or notice of a burden, not being a notice of equities or of possessory or qualified title, of which evidence authorising its discharge not involving an examination of title to its unregistered ownership, is lodged with the transfer, or of any burden that is over-reached by the transfer;

(ii) No fee shall be payable for the registration of any burden created by the transfer to the registration of which the transferee assents,

(iii) the fee for the registration of a charge by way of mortgage for money or money's worth created by the transferee on a transfer on sale shall be ascertained on scale No. 3 in the first schedule hereto, if the instrument of charge is lodged with the transfer.

14 On other transfers and transmissions.

14. On registration on a transfer or transmission to which clause 6 applies the fees to be taken for all registrations under the transfer or transmission shall not exceed the fee that would be payable on the transaction if it was a transfer for value to which clause 5 applies.

15 On charges.

15. (1) On the registration of a charge by way of mortgage for money or money's worth to which clause 5 applies, no fee shall be payable for the discharge of any registered burden of which evidence authorising its discharge that does not involve an examination of the title to its unregistered ownership, is lodged with the charge.

(2) No fee shall be payable for the registration of the ownership of a chargeant in an instrument of charge, or his personal representative, in the register of the property charged at the time when the charge created by the instrument is entered as a burden therein.

16 On inhibitions.

16. No fee shall be payable for the entry of an inhibition made necessary by the Act or Rules on a first registration, or on any subsequent registration for which an ad valorem fee is payable.

17 General.

17. Where an application for the registration of a transaction is abandoned or withdrawn, or its registration is refused, the Registrar may charge such fee as he shall think reasonable having regard to the time and labour involved ; but the fee payable shall not in any case be less than 6/-.

General.

18 Payment of fees.

18. (1) All fees shall be taken in Land Registry stamps.

(2) When the amount of a fee is not immediately ascertainable, or where expenses for notices may be incurred in the Registry, an undertaking for its payment shall be given by the solicitor for the applicant, or a deposit shall be made on account, if the Registrar so requires.

(3) No registration shall be made and no other transaction in the Registry shall be done or completed until the Registry fee stamp for the fee payable therefor is affixed to and cancelled by perforation on the application, or such other document filed in connection with the transaction as the Registrar may from time to time direct.

19 What a fee covers.

19. The fees shall cover all expenses of or incidental to the completion in the Registry of the registration or transaction for which they are paid.

20 Meaning of "value".

20. In this order—

(i) "value" on the registration of a charge by way of mortgage to which clause 5 applies means the specific capital sum secured, or, where the charge is for an unspecified amount, the sum covered by the Revenue Stamp on the instrument of charge, except that, if the charge is secured also on other property, it shall mean the proportion of the capital sum secured or sum covered by the stamp duty, to the whole sum that the capital value of the property on which the charge is to be registered bears to the capital value of all the property charged.

(ii) "value" in all other cases means the capital value of the property transferred, or transmitted, or on which the burden, notice, or other entry is registered or made.

21 How capital value ascertained.

21. (1) The capital value of property shall be—

(i) on its transfer on sale, the purchase money on the sale;

(ii) on its transfer under a grant reserving a rentcharge, twenty times the rentcharge;

(iii) on its transfer under a grant on sale, or for a fine or premium, which reserves also a rentcharge, the purchase money, or fine or premium, and twenty times the rentcharge;

(iv) on other transactions,

(a) twenty-five times the rateable valuation, if the property has been valued under the Valuation Acts, or

(b) its market value as ascertained by the Registrar which, when the property is or includes a public-house, shall include the good-will.

(2) In ascertaining the market value of property the Registrar may accept as evidence thereof—

(i) a statement in writing of its annual or capital value by the solicitor for the applicant, or other person in the opinion of the Registrar competent to make the statement,

(ii) the advance made for the purchase of the property under a Purchase of Land (Ir.) Act, the Small Dwellings Acquisition Act, 1899, or the Labourers Act, 1936 , if it was acquired under any of those Acts,

(iii) the purchase money on a prior sale of the property.

(3) A certificate given for the purpose of this order shall be exempt from the Revenue stamp on an appraisement.

(4) No fee shall be assessed on capital value as ascertained from rateable valuation unless a certificate of that valuation is lodged by the applicant with his application.

22 Registrar to decide whether instrument voluntary or for value.

22. Where for the purpose of determining the scale under which a fee is assessable, a question arises whether an instrument is made or given for valuable consideration, it shall be decided by the Registrar.

23 Order not to authorise a fee where fee exempted.

23. (1) Nothing in this order shall authorise the taking of a fee for any registration or transaction that is required by Statute or the Rules to be made or done free of charge.

(2) A transferee of land subject to Part IV of the Act who claims exemption from a registration fee under section 87 (3) of the Act, shall satisfy the Registrar that the transfer from the personal representatives is to him as the person beneficially entitled under the will or intestacy of the deceased registered owner.

24 Insurance Fund fees.

24. The Minister for Finance shall, at the end of each financial year, transfer to the credit of the Insurance Fund established by the Act such proportion of the fees paid under this order as he may determine to be necessary for the accumulation therein of the funds necessary to meet all claims for compensation for any loss chargeable on the Insurance Fund.

25 Definitions.

25. In this order "The Rules" mean The Land Registration Rules, 1937, and any subsequent Rules amending or revising said Rules, and words and expressions defined in the Rules have the same meaning in this order.

26 When order comes into force.

26. (1) Every order under the Act regulating the amount of fees in force at the date of this order is hereby revoked as of the date of the coming into operation of this order.

(2) This order shall come into operation on the 6th day of December, 1937, and may be cited as the Land Registration Fee Order, 1937.

Given under the Official Seal of the Minister for Justice this 25th day of November, 1937.

PATRICK J. RUTTLEDGE,

Minister for Justice.

S. A. ROCHE.

I consent to the foregoing Scale of Fees.

SEÁN MACENTEE,

Minister for Finance.

FIRST SCHEDULE.

SCALE NO. I.

Value	Fee
Not exceeding £1,000	4/- for every £50 or part of £50, with a minimum fee of 6/-.
Exceeding £1,000 but not exceeding £3,000	£4 for first £1,000 and 2/- for every £50 or part of £50 over £1,000
Exceeding £3,000 but not exceeding £5,000	£8 for first £3,000, and I/- for every £50 or part of £50 over £3,000.
Exceeding £5,000	£10 for first £5,000, and I/-for every £100 or part of £100 over £5,000, with a maximum fee of £20.

SCALE NO. 2.

Value	Fee
Not exceeding £1,000	3/- for every £50 or part of £50 with a minimum of 6/-.
Exceeding £1,000 but not exceeding £2,000	£3 for first £1,000 and 2/- for every £50 or part of £50 over £1,000.
Exceeding £2,000 but not exceeding £3,000	£5 for first £2,000, and 1/- for every £50 or part of £50 over £2,000.
Exceeding £3,000	£6 for first £3,000, and 1/- for every £100 or part of £100 exceeding £3,000, with a maximum fee of £10.

SCALE NO. 3.

Value	Fee
Not exceeding £400	6/-.
Exceeding £400 but not exceeding £1,000	6 /- for first £400, and 6d. for every £50 or part of £50 over £400.
Exceeding £1,000 but not exceeding £2,000	12/- for first £1,000, and 6d. for every £100 or part of £100 over £1,000.
Exceeding £2,000	17/- for first £2,000, and 6d. for every £200 or part of £200 over £2,000. Maximum fee 30/-.

SECOND SCHEDULE.

Transaction		Fee
1.	Scrivenery fee when chargeable .. ..	6d. per folio, or part of a folio of 72 words.
2.	Entry in a register of an address or description or change of name of registered owner.	1/-.
3.	Entry in a register of an inhibition on consent (Rule 134)—
	(a) where value of property does not exceed £100.	1/-.
	(b) where value of property exceeds £100 and does not exceed £1,000	2/-.
	(c) where value of property exceeds £ 1,000.	3/-.
4.	Certificate of charge issued under Rule 156.	3/-.
5.	Summons by Registrar (Rule 206) ..	6/-.
6.	Memorandum of Registrar for Court (Rule 211).	6/- and scrivenery fee.
7.	Sealed copy of order of Registrar ..	6/-.
8.	Sealed copy of Ruling of Registrar ..	2/- and scrivenery fee.
9.	Comparing with register and re-issuing certificate of title, if fee therefor chargeable (Rule 159).	1/- and scrivenery fee for additional entries made. If the certificate is to be returned by post, 1/- additional.
		N.B.—-Land Certificates and other certificates of title will be sent through the post by registered letter only.
10.	Certificate of result of official search (Rule 192)—
	(a) in land index	6/-.
	(b) in name index	6/- and, in addition, I/-for every folio number of register exceeding three, returned on certificate.
11.	Requisition by telegraph or telephone for official search for dealings (Rule 194).	2/-.
12.	Sealed copy of—	2/- and scrivenery fee.
	(a) a Folio of a register,
	(b) subsisting entries in Folio of register,
	(c) Entries made in a Folio of a register after a named date ;
	(d) a specified entry on a Folio of a register.
13.	Recertifying a sealed copy of a Folio of a register.	1/- and scrivenery fee for additional entries made.
14.	Delivery of a filed instrument on returnable receipt when delivery authorised.	2/-.
15.	Requisition for production of filed instrument or record in Court—
	(a) in Dublin or the county town of a county,	12 /-. If official attends on more than one day, a further fee of 12 /- for each additional day.
	(b) Elsewhere, exclusive of travelling and other expenses of official	21/- for each day's attendance of official.
16.	Docket entitling holder on any one day—	1/-.
	(a) to search index of names of a county, or
	(b) to search index of lands of a county and inspect one ordnance sheet of the Registry Map of the county, or
	(c) to inspect a specified Folio of a register of a county, or
	(d) to inspect a filed instrument not referred to in a register when inspection authorised, or
	(e) to inspect the register of new certificates of title issued in substitution for prior certificates.
17.	Certified copy of plan on Registry Map, or any transaction for which no fee is prescribed and for which the Registrar considers a fee should be charged.	Such fee as, having regard to the time and work involved, the Registrar may fix.

TABLE OF REGISTRY FEES ON THE AD VALOREM SCALES.

NOTE.—The fee on a value not given in this Table is the same as the fee on the next higher value given. A minimum fee is subject to abatement when clause 12 of the order is applicable.

Value.	Scale No. 1.			Scale No. 2.			Scale No. 3.
£	£	s.	d.	£	s.	d.	£	s.	d.
50	0	6	0	0	6	0	0	6	0
100	0	8	0	0	6	0	0	6	0
150	0	12	0	0	9	0	0	6	0
200	0	16	0	0	12	0	0	6	0
250	1	0	0	0	15	0	0	6	0
300	1	4	0	0	18	0	0	6	0
350	1	8	0	1	1	0	0	6	0
400	1	12	0	1	4	0	0	6	0
450	1	16	0	1	7	0	0	6	6
500	2	0	0	1	10	0	0	7	0
550	2	4	0	1	13	0	0	7	6
600	2	8	0	1	16	0	0	8	0
650	2	12	0	1	19	0	0	8	6
700	2	16	0	2	2	0	0	9	0
750	3	0	0	2	5	0	0	9	6
800	3	4	0	2	8	0	0	10	0
850	3	8	0	2	11	0	0	10	6
900	3	12	0	2	14	0	0	11	0
950	3	16	0	2	17	0	0	11	6
1,000	4	0	0	3	0	0	0	12	0
1,050	4	2	0	3	2	0	0	12	6
1,100	4	4	0	3	4	0	0	12	6
1,150	4	6	0	3	6	0	0	13	0
1,200	4	8	0	3	8	0	0	13	0
1,250	4	10	0	3	10	0	0	13	6
1,300	4	12	0	3	12	0	0	13	6
1,350	4	14	0	3	14	0	0	14	0
1,400	4	16	0	3	16	0	0	14	0
1,450	4	18	0	3	18	0	0	14	6
1,500	5	0	0	4	0	0	0	14	6
1,550	5	2	0	4	2	0	0	15	0
1,600	5	4	0	4	4	0	0	15	0
1,650	5	6	0	4	6	0	0	15	6
1,700	5	8	0	4	8	0	0	15	6
1,750	5	10	0	4	10	0	0	16	0
1,800	5	12	0	4	12	0	0	16	0
1,850	5	14	0	4	14	0	0	16	6
1,900	5	16	0	4	16	0	0	16	6
1,950	5	18	0	4	18	0	0	17	0
2,000	6	0	0	5	0	0	0	17	0
2,050	6	2	0	5	1	0	0	17	6
2,100	6	4	0	5	2	0	0	17	6
2,150	6	6	0	5	3	0	0	17	6
2,200	6	8	0	5	4	0	0	17	6
2,250	6	10	0	5	5	0	0	18	0
2,300	6	12	0	5	6	0	0	18	0
2,350	6	14	0	5	7	0	0	18	0
2,400	6	16	0	5	8	0	0	18	0
2,450	6	18	0	5	9	0	0	18	6
2,500	7	0	0	5	10	0	0	18	6
2,550	7	2	0	5	11	0	0	18	6
2,600	7	4	0	5	12	0	0	18	6
2,650	7	6	0	5	13	0	0	19	0
2,700	7	8	0	5	14	0	0	19	0
2,750	7	10	0	5	15	0	0	19	0
2,800	7	12	0	5	16	0	0	19	0
2,850	7	14	0	5	17	0	0	19	6
2,900	7	16	0	5	18	0	0	19	6
2,950	7	18	0	5	19	0	0	19	6
3,000	8	0	0	6	0	0	0	19	6
3,050	8	1	0	6	1	0	1	0	0
3,100	8	2	0	6	1	0	1	0	0
3,150	8	3	0	6	2	0	1	0	0
3,200	8	4	0	6	2	0	1	0	0
3,250	8	5	0	6	3	0	1	0	6
3,300	8	6	0	6	3	0	1	0	6
3,350	8	7	0	6	4	0	1	0	6
3,400	8	8	0	6	4	0	1	0	6
3,450	8	9	0	6	5	0	1	1	0
3,500	8	10	0	6	5	0	1	1	0
3,550	8	11	0	6	6	0	1	1	0
3,600	8	12	0	6	6	0	1	1	0
3,650	8	13	0	6	7	0	1	1	6
3,700	8	14	0	6	7	0	1	1	6
3,750	8	15	0	6	8	0	1	1	6
3,800	8	16	0	6	8	0	1	1	6
3,850	8	17	0	6	9	0	1	2	0
3,900	8	18	0	6	9	0	1	2	0
3,950	8	19	0	6	10	0	1	2	0
4,000	9	0	0	6	10	0	1	2	0