S.I. No. 157/1959 - Land Registration Fees Order, 1959


S.I. No. 157 of 1959.

LAND REGISTRATION FEES ORDER, 1959

I, OSCAR TRAYNOR, Minister for Justice, in exercise of the powers conferred on me by section 8 (1) of the Registration of Title Act, 1891, as amended by section 66 of the Courts of Justice Act, 1936 , and with the consent of the Minister for Finance, hereby order as follows:—

1.—(1) The fees to be charged and taken in the Land Registry in proceedings under the Registration of Title Act, 1891, the Registration of Title Act, 1942 , and the Administration of Estates Act, 1959 , hereinafter called " the Act of 1891 ", " the Act of 1942 " and " the Act of 1959 " respectively, shall be in accordance with this Order and the Schedule thereto, and all such fees shall be payable by means of Land Registry stamps.

(2) In this Order " the 1959 Rules " means the Land Registration Rules, 1959, and any subsequent rules amending or extending the same.

2.—(1) This Order shall come into operation on the 30th day of September, 1959, and may be cited as the Land Registration Fees Order, 1959.

(2) The Land Registration Fee Order, 1944, and the Land Registration Fee Order, 1954, are hereby revoked.

(3) Notwithstanding subparagraphs (1) and (2) of this paragraph, the fee in respect of any transmission on death to a person beneficially entitled of the property of a person dying before the 1st day of June, 1959, shall be the fee (if any) chargeable as if this Order had not been made.

3. For the purposes of any transaction hereinafter mentioned in any subparagraph of this paragraph, " value " shall have the appropriate meaning specified in that subparagraph :

(1) Applications for first registration, for note under section 53 (1) of the Act of 1891 of the validity of a lease, for cancellation of a notice of equities or of possessory or qualified title, and for the examination of title required by section 53 (2) (d) of the Act of 1891—

twenty-five times the amount of the rateable valuation of the property or (as the case may be) twenty-five times the amount of the proportionate part of the rateable valuation in the opinion of the Registrar attributable to the property.

(2) Applications, where the property is not separately valued, for first registration of a leasehold by or on behalf of any person other than the original lessee, for note under section 53 (1) of the Act of 1891 of the validityof a lease, and for the examination of title required by section 53 (2) (d) of the Act of 1891—

(a) twenty times the amount of the rent together with the fine (if any), or

(b) the amount (if any) for which the lessee covenants to insure the premises, whichever is the greater.

(3) Applications for the registration of the ownership of a charge on the register of the property charged where the ownership was not registered at the time of the registration of the charge as a burden or applications for the registration of the ownership of such charge on a subsidiary register—

the value as defined in subparagraph (9) of this paragraph.

(4) Applications for the registration of the ownership of a fee-farm rent or a rentcharge—

twenty times the amount of the fee-farm rent or rentcharge.

(5) Applications for registration of the ownership of an incorporeal hereditament of freehold tenure (other than a fee-farm rent or a rentcharge), for note under rule 222 (b) of the 1959 Rules that the title to make the grant of such hereditament is good, and for registration of the ownership of any other right—

the amount (if any) of the money consideration expressed in the instrument creating the hereditament or right or the amount (if any) of the money consideration expressed in the latest conveyance of the hereditament or right or £150, whichever is the greatest, or, where no consideration is expressed, £150.

(6) Transfers on sale—

the amount of the money consideration expressed in the transfer together with the amount of any registered charge (except a land purchase annuity or a charge under the Small Dwellings Acquisition Acts, 1899 to 1958) subject to which the property is transferred, provided that, where the transfer comprises unregistered property also, the value shall be the proportionate part of the consideration attributable to the registered property only as certified by the solicitor for the applicant or by a person in the opinion of the Registrar competent to value property.

(7) Transfers (other than those for money consideration only), registration of each ownership under a settlement, and exchanges—

the value as determined in accordance with subparagraph (1), (2), (4), (5) or (9) (as the case may be) of this paragraph, and in the case of an exchange involving a money consideration by way of equality the said value as increased by the amount of the money consideration.

(8) Transfers by way of fee-farm grant or any grant reserving a rentcharge—

twenty times the amount of the fee-farm rent or the rentcharge (as the case may be) added to the purchase money, fine or premium (if any) in the transfer.

(9) Money charges (including judgment mortgages)—

(a) where the amount of the charge is a definite sum—the amount secured ;

(b) where the charge is to secure an indefinite sum—the amount covered by the stamp duty ;

(c) where the charge is to secure a life annuity—twelve times the amount of the annual sum payable :

provided that, where the charge is secured also on property other than registered property, the proportionate part of the charge attributable to the registered property only shall be as certified by the solicitor for the applicant or by a person in the opinion of the Registrar competent to value property.

(10) Burdens (other than leases or money charges)—

(a) fee-farm rents and rentcharges—

the value as determined in accordance with subparagraph (4) of this paragraph.

(b) rights of residence, support and similar rights—

the value (as determined in accordance with subparagraph (9) of this paragraph) of the alternative payment (if any) reserved or £150, whichever is the greater, or, where no alternative payment is reserved, £150 ;

(c) easements, profits à prendre, and similar incorporeal rights or hereditaments—

the value as determined in accordance with subparagraph (5) of this paragraph.

(11) Cancellations of burdens (other than leases) not involving investigation of title—

the amount (if any) of the money consideration expressed in the instrument or, where no such consideration is expressed, the value as determined in accordance with subparagraph (4), (5), (9) or (10) (as the case may be) of this paragraph.

(12) Cancellations of burdens (including leases) involving investigation of title—

the amount (if any) of the money consideration expressed in the instrument or, where no such consideration is expressed, the value as determined in accordance with subparagraph (4), (5) or (9) (as the case may be) of this paragraph.

(13) Transmissions on the deaths of registered owners of property—

(a) in the case of land—

the value as determined in accordance with subparagraph (1) of this paragraph ;

(b) in the case of a leasehold where the property is not separately valued—

the value as determined in accordance with subparagraph (2) of this paragraph ;

(c) in the case of a charge or burden—

the value as determined in accordance with subparagraph (4), (5) or (9) (as the case may be) of this paragraph.

4. No fee shall be chargeable for the registration of the ownership of a charge on the register of the property charged where such registration is made at the time of registering the charge as a burden.

5. Where a transfer or a will creates one or more charges or burdens on the lands transferred or devised, or where a transfer and an instrument or instruments charging the property transferred or creating a burden or burdens thereon are lodged at the same time half fees only shall be chargeable for the registration of the charge or burden or for the registration of each charge or burden, as the case may be.

6. Where on a transfer on sale the whole or part of the purchase money is secured by way of a lien, on registration of the transferee full fees shall be chargeable on the full amount of the purchase money together with a fee of 10s. for registration of the lien as a burden.

7. In the case of a transfer or transmission on death of the interest of a person registered as tenant in common, or a transfer of the interest of a person registered as joint tenant, on registration of the transferee or person beneficially entitled fees shall be chargeable only on the value of the interest passing.

8. The fees chargeable in any proceedings shall be in respect of all work done in the Land Registry in those proceedings, including the filing of affidavits, transfers, assents and other documents necessary for the completion of each transaction.

9. Where an application for registration of a transaction is abandoned or withdrawn, or where registration is refused, the Registrar may charge such fee as he shall think reasonable having regard to the time and labour involved : provided that the fee chargeable shall not in any case be less than 10s. or more than the fee chargeable if registration had in fact been completed.

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

11. No fee shall be chargeable for the entry of an inhibition made necessary by the Act of 1891, the Act of 1942 or the 1959 Rules on a first registration or a subsequent registration for which an ad valorem fee is payable.

12. Nothing in this Order shall authorise the charging of a fee for any registration or transaction that is required by statutory enactment or the 1959 Rules to be made or done free of charge.

13. Where the cancellation of a burden (including a lease) involves the closing of the register on which the ownership of the burden is registered, no fee shall be chargeable for the closing of the register.

14. Where, on the transfer of a registered burden, application is made at the same time for the registration of the ownership of the transferee on a subsidiary register, no fee shall be chargeable in respect of the registration of such ownership.

15. No fee shall be chargeable in respect of any application for registration by a Department of State where it is certified to the satisfaction of the Registrar that the fees chargeable thereon, but for this article, would be payable solely out of moneys provided by the Oireachtas.

16. No fee exceeding £30 shall in any one proceedings be charged.

SCHEDULE

PART I

APPLICATIONS FOR FIRST REGISTRATION AND FOR DISCHARGE OF EQUITIES AND OTHER TRANSACTIONS INVOLVING INVESTIGATION OF TITLE

Item 1 :

Applications for—

(a) first registration of freehold land,

(b) first registration of a leasehold by or on behalf of any person other than the original lessee,

(c) note of the validity of a lease,

(d) cancellation of burdens (including leases) involving investigation of title,

(e) registration of the ownership of a burden (other than a lease),

(f) note that the title to make the grant of a hereditament is good,

(g) examination of title required by section 53 (2) (d) of the Act of 1891,

(h) cancellation of notice of equities or of a possessory or qualified title—

£

s.

d.

where the value does not exceed £100

1

0

0

where the value exceeds £100 but does not exceed £1,500—

for every additional £50 or part thereof

0

5

0

where the value exceeds £1,500 but does not exceed £2,500—

for every additional £50 or part thereof

0

4

0

where the value exceeds £2,500 but does not exceed £3,500—

for every additional £50 or part thereof

0

3

0

where the value exceeds £3,500—

for every additional £50 or part thereof

0

1

6

Item 2 :

Applications for first registration of a leasehold by or on behalf of the original lessee

1

0

0

PART II

DEALINGS

Item 3 :

(a) transfers of property,

(b) burdens (other than leases)—

where the value does not exceed £100

0

16

0

where the value exceeds £100 but does not exceed £1,000—

for every additional £50 or part thereof up to £1,000

0

5

0

where the value exceeds £1,000 but does not exceed £2,000—

for every additional £50 or part thereof up to £2,000

0

4

0

where the value exceeds £2,000 but does not exceed £3,000—

for every additional £50 or part thereof up to £3,000

0

3

0

where the value exceeds £3,000—

for every additional £50 or part thereof

0

1

6

Item 4 :

Cancellations of burdens (other than leases) not involving investigation of title—

where the value does not exceed £500

0

15

0

where the value exceeds £500

1

0

0

Item 5 :

Transmissions on death—

where the value does not exceed £100

0

16

0

where the value exceeds £100 but does not exceed £250

1

10

0

where the value exceeds £250 but does not exceed £500

2

10

0

where the value exceeds £500 but does not exceed £1,000

3

10

0

where the value exceeds £1,000 but does not exceed £2,000

4

10

0

where the value exceeds £2,000

5

0

0

£

s.

d

Item 6 :

Registration of the assignee of a limited owner

0

10

0

Item 7 :

Leases as burdens or cancellations of leases not involving investigation of title

1

0

0

Item 8 :

Cautions, inhibitions, lis pendens,recognizances

0

15

0

Item 9 :

Registration of assignees or trustees in bankruptcy of a bankrupt or an arranging debtor

0

10

0

Item 10 :

Re-registration of a bankrupt or arranging debtor or, where he is registered as limited owner, the cancellation of the entry of an assignee of his limited estate under rule 82 of the 1959 Rules

0

10

0

Item 11 :

Entry of the names of new trustees on the register

0

10

0

Item 12 :

Registration of a purchaser under the Labourers Act, 1936

0

10

0

Item 13 :

Registration under a court order

0

10

0

Item 14 :

Withdrawal of the name of a joint tenant from the register on his death

0

10

0

Item 15 :

Entry on a register of an address or description or change or amendment of name or description

0

5

0

Item 16 :

Where an entry (other than an entry for which an ad valorem fee is chargeable) is made on more than one folio of the register—

for such entry on every subsequent folio

0

2

6

PART III

LAND CERTIFICATES AND OTHER CERTIFICATES OF TITLE

Item 17 :

Land certificate (save where issued free under any statutory enactment) or any certificate of title (other than a certificate of charge endorsed on an instrument under rule 156 of the 1959 Rules)

1

0

0

Item 18 :

Certificate of charge endorsed on an instrument under rule 156 of the 1959 rules

0

5

0

£

s.

d.

Item 19 :

Filing fee on affidavit grounding an application under rule 169 of the 1959 Rules—

(a) for the issue of a duplicate certificate of title where the original has been lost or destroyed, or

(b) for an order dispensing with production of a certificate of charge which has been lost or destroyed

0

5

0

Item 20 :

Re-certifying and re-issuing a certificate of title

0

3

6

Additional fee where certificate returned by post

0

1

0

Item 21 :

Issuing land certificate in lieu of existing certificate and including additional lands not included in existing certificate

0

4

0

PART IV

SEALED COPIES AND EXTRACTS

Item 22 :

Sealed certified copies of folios of the register and sealed certified extracts from the register—

(a) where copy or extract does not exceed four pages (excluding cover, if any)

0

6

0

(b) where copy or extract exceeds four pages (excluding cover, if any)

0

6

0

and 6d. for each additional page or part thereof.

Item 23 :

Re-certifying and re-sealing copy folios or extracts—

(a) where no additional entries are made or additional entries do not exceed one page

0

3

6

(b) where additional entries exceed one page

0

3

6

and 6d. for each additional page or part thereof.

Item 24 :

Sealed certified copies of filed instruments, affidavits, orders or rulings—

(a) where copy does not exceed fifteen pages

0

6

0

(b) where copy exceeds fifteen pages

0

6

0

and 6d. for each additional page or part thereof.

Item 25 :

Comparing duplicate documents with documents filed in the Registry and certifying result

3d. per folio of 72 words.

PART V

SEARCHES, INSPECTION AND PRODUCTION OF DOCUMENTS

£

s.

d.

Item 26 :

Certificate of official search

0

10

0

For each ownership returned after the first, an additional fee of

0

2

0

Item 27 :

Search docket entitling the holder to search the indexes relating to any one title in any one day

0

1

0

Item 28 :

Inspecting each folio, map or instrument

0

1

0

not to exceed a maximum fee of

0

5

0

Item 29 :

Requisition for production of filed instrument or record in court—

(a) in Dublin or the county town of a county

0

13

4

(where official attends on more than one day, a further fee of 12s. 6d. for each additional day)

(b) elsewhere, exclusive of travelling and other expenses of official

1

1

0

for each day's attendance of official

Item 30 :

Delivery of a filed instrument on returnable receipt when delivery is authorised

0

2

0

Item 31 :

Filing application for an order for production of a land certificate or other certificate of title under rule 163 of the 1959 Rules

0

5

0

PART VI

MAPS

Item 32 :

(a) Certified copy of plan of lands on the scale on which such plan is shown on the Registry map

1

10

0

(b) For each additional holding on the map containing the plan

0

7

6

PART VII

MISCELLANEOUS

Item 33 :

Requisition to close the register where the title has been voluntarily registered

3

0

0

£

s.

d.

Item 34 :

Entry on the register of a note of the conclusiveness of the boundaries under rules 147 to 150 of the 1959 Rules, including the marking of the Registry map

1

0

0

Item 35 :

Filing deeds other than those in the prescribed form

0

10

0

Item 36 :

Summons by Registrar under rule 204 of the 1959 Rules

0

10

0

Item 37 :

Memorandum of Registrar for the court under rule 209 of the 1959 Rules

1

0

0

Item 38 :

Making any note or entry for which no other fee is prescribed

0

10

0

Item 39 :

Filing application for compensation under section 22 of the Act of 1942

0

5

0

GIVEN under my Official Seal this 22nd day of September, 1959.

OSCAR TRAYNOR,

Minister for Justice.

The Minister for Finance hereby consents to the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance, this 22nd day of September, 1959.

SEÁN F. MURRAY,

A person authorised by the Minister for Finance to authenticate the Official Seal of the Minister.

EXPLANATORY NOTE

This Order provides for the fees to be charged in the Land Registry and consolidates and amends the Land Registration Fee Order, 1944, and the Land Registration Fee Order, 1954, which are revoked. The amendments are in the main necessary by reason of the enactment of the Administration of Estates Act, 1959 .

Hereunder is a Table of the fees chargeable on the ad valorem scales.

TABLE

The fee on a value not given in this Table is the same as the fee on the next higher value given.

Value—for definitions of " value " see paragraph 3 of the Order

Applications for first registration, discharge of equities, and other transactions involving investigation of title—see Item 1 of the Schedule to the Order

Transfers, burdens (other than leases)—see Item 3 of the Schedule to the Order

Cancellations of burdens (other than leases) not involving investigation of title—see Item 4 of the Schedule to the Order

Transmissions on death—see Item 5 of the Schedule to the Order

(1)

(2)

(3)

(4)

(5)

£

£

s.

d.

£

s.

d.

100

1

0

0

0

16

0

Where the value does not exceed £500

Where the value does not exceed £100—

150

1

5

0

1

1

1

200

1

10

0

1

6

0

250

1

15

0

1

11

0

—£0 15 0.

300

2

0

0

1

16

0

350

2

5

0

2

1

0

400

2

10

0

2

6

0

450

2

15

0

2

11

0

500

3

0

0

2

16

0

550

3

5

0

3

1

0

600

3

10

0

3

6

0

650

3

15

0

3

11

0

£1 10 0.

700

4

0

0

3

16

0

Where the value exceeds £500

Where the value exceeds £250 but does not exceed £500—

750

4

5

0

4

1

0

800

4

10

0

4

6

0

850

4

15

0

4

11

0

—£1 0 0.

900

5

0

0

4

16

0

950

5

5

0

5

1

0

1,000

5

10

0

5

6

0

1,050

5

15

0

5

10

0

Where the value exceeds £500 but does not exceed £1000—

1,100

6

0

0

5

14

0

1,150

6

5

0

5

18

0

1,200

6

10

0

6

2

0

1,250

6

15

0

6

6

0

1,300

7

0

0

6

10

0

1,350

7

5

0

6

14

0

£3 10 0.

1,400

7

10

0

6

18

0

Where the value exceeds £1000 but does not exceed £2000—

1,450

7

15

0

7

2

0

1,500

8

0

0

7

6

0

1,550

8

4

0

7

10

0

1,600

8

8

0

7

14

0

1,650

8

12

0

7

18

0

1,700

8

16

0

8

2

0

£4 10 0.

1,750

9

0

0

8

6

0

Where the value exceeds £2000—

1,800

9

4

0

8

10

0

1,850

9

8

0

8

14

0

1,900

9

12

0

8

18

0

1,950

9

16

0

9

2

0

£5 0 0.

2,000

10

0

0

9

6

0

2,050

10

4

0

9

9

0

2,100

10

8

0

9

12

0

2,150

10

12

0

9

15

0

2,200

10

16

0

9

18

0

2,250

11

0

0

10

1

0

2,300

11

4

0

10

4

0

2,350

11

8

0

10

7

0

2,400

11

12

0

10

10

0

2,450

11

16

0

10

13

0

2,500

12

0

0

10

16

0

Value—for definitions of "value" see paragraph 3 of the Order

Applications for first registration, discharge of equities, and other transactions involving investigation of title—see Item 1 of the Schedule to the Order

Transfers, burdens (other than leases)—see Item 3 of the Schedule to the Order

Cancellations of burdens (other than leases) not involving investigation of title—see Item 4 of the Schedule to the Order

Transmissions on death—see Item 5 of the Schedule to the Order

(1)

(2)

(3)

(4)

(5)

£

£

s.

d.

£

s.

d.

2,550

12

3

0

10

19

0

2,600

12

6

0

11

2

0

2,650

12

9

0

11

5

0

2,700

12

12

0

11

8

0

2,750

12

15

0

11

11

0

2,800

12

18

0

11

14

0

2,850

13

1

0

11

17

0

2,900

13

4

0

12

0

0

2,950

13

7

0

12

3

0

3,000

13

10

0

12

6

0

3,050

13

13

0

12

7

6

3,100

13

16

0

12

9

0

3,150

13

19

0

12

10

6

3,200

14

2

0

12

12

0

3,250

14

5

0

12

13

6

3,300

14

8

0

12

15

0

3,350

14

11

0

12

16

6

3,400

14

14

0

12

18

0

3,450

14

17

0

12

19

6

3,500

15

0

0

13

1

0

3,550

15

1

6

13

2

6

3,600

15

3

0

13

4

0

3,650

15

4

6

13

5

7

3,700

15

6

0

13

7

0

3,750

15

7

6

13

8

6

3,800

15

9

0

13

10

0

3,850

15

10

6

13

11

6

3,900

15

12

0

13

13

0

3,950

15

13

6

13

14

6

4,000

15

15

0

13

16

0

As to variation of fees and additional fees in certain cases, see the relevant paragraphs of the Order and Item 35 of the Schedule thereto.