S.I. No. 7/1949 - Land Registration Rules, 1949.

S.I. No. 7 of 1949.

LAND REGISTRATION RULES, 1949.

The Registration of Title Rules Committee, in exercise of the power conferred on them by Section 94 (1) of the Registration of Title Act, 1891, as amended by Section 74 of the Courts of Justice Act, 1936 , and of every other power them in this behalf enabling, with the concurrence of the Minister for Justice, hereby make the Rules annexed hereto as General Rules, supplemental to the Land Registration Rules, 1937, 1944, 1946 and 1947, for carrying into effect the object of the Registration of Title Acts, 1891 and 1942.

Dated this 9th day of December, 1948.

(Signed) MARTIN C. MAGUIRE,

Judge of the High Court.

I. J. KELLY.

HENRY P. MAYNE.

JOSEPH O'BYRNE.

I concur in the making of the Rules annexed hereto.

Dated this 12th day of January, 1949.

(Signed) SEÁN MAC EOIN,

Minister for Justice.

PRELIMINARY.

1 Interpretation.

1. These Rules shall come into operation on the 1st of February, 1949.

2 Date of Rules.

2. The Land Registration Rules, 1937, the Land Registration Rules, 1944, the Land Registration Rules, 1946, the Land Registration Rules, 1947, and these Rules shall be construed together and the provisions of Rule 2 of the Land Registration Rules, 1937, shall apply for the purpose of the interpretation of these Rules.

3 ..

3. In these Rules, the expression " the 1937 Rules " means the Land Registration Rules, 1937.

AMENDMENTS OF THE LAND REGISTRATION RULES, 1937.

4 Rescission of Rule 71 of 1937 Rules and substitute Rule in lieu thereof.

4.—(1) Rule 71 of the 1937 Rules is hereby rescinded, and the following Rule is hereby prescribed in lieu thereof :—

A transfer by a registered owner, or his personal representative, in execution of a degree, judgment, or order of a Court shall be accompanied by—

(a) An office copy of the Order of the Court directing the sale of the property of such registered owner ;

(b) A certificate of the Examiner of the High Court, or (if the sale has been directed by the Circuit Court) a Certificate of the County Registrar, certifying the result of his enquiries as to the incumbrances on such property.

(c) If such sale is in pursuance of an Order of the Circuit Court, a further Certificate of the County Registrar of such Court specifying the parties to the proceedings for sale, and the persons served with notice of, and bound by, such proceedings.

(2) On production in the Registry of the documents mentioned in Clause (1) of this Rule, and, in the case of a sale made in execution of a decree of the Circuit Court, if the Certificate of the County Registrar shows that the owners of all charges, judgment mortgages, and burdens, appearing in the register as affecting the property comprised in the transfer are parties to the proceedings, or have been served with notice of such decree, the Registrar may cancel such charges, judgment mortgages, and burdens in the register of the property comprised in the transfer.

(3) In default of production in the Registry of the documents mentioned in Clause (1) of this Rule, 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.