S.I. No. 276/1966 - Land Registration Fees (No. 2) Order, 1966

S.I. No. 276 of 1966.

LAND REGISTRATION FEES (No. 2) ORDER, 1966

I, BRIAN LENIHAN, Minister for Justice, in exercise of the powers conferred on me by section 14 (1) of the Registration of Title Act, 1964 (No. 16 of 1964), and with the consent of the Minister for Finance, hereby order as follows :

1.—(1) This Order may be cited as the Land Registration Fees (No. 2) Order, 1966.

(2) This Order shall come into operation on the 1st day of January, 1967.

2.—(1) The Land Registration Fees Order, 1966 ( S.I. No. 57 of 1966 ), is hereby revoked.

(2) Notwithstanding anything contained in this Order, no fee shall be chargeable in respect of any transmission of property where the registered owner of the property died before the 1st day of June, 1959, and the property was subject to Part IV of the Registration of Title Act, 1891.

3. In this Order—

" the Act of 1964 " means the Registration of Title Act, 1964 ;

" the 1966 Rules " means the Land Registration Rules, 1966 ( S.I. No. 266 of 1966 ) and any subsequent rules amending or extending the same ;

" the Registrar " means the Registrar of Titles ;

" value " means—

(a) in the case of—

(i) first registration of ownership of freehold land (other than first registration of ownership of freehold land to which paragraphs (c) and (d) of this definition refer) with an absolute, qualified or possessory title,

(ii) first registration of ownership of a leasehold interest with an absolute title, by or on behalf of the original lessee,

(iii) first registration of ownership of a leasehold interest with an absolute, good leasehold or possessory title, by or on behalf of any person other than the original lessee,

(iv) conversion of a registered title or

(v) examination of title under rule 45 (a) or (c) of the 1966 Rules,

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 attributable, in the opinion of the Registrar, to the property,

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

(i) first registration of ownership of a leasehold interest with an absolute title, by or on behalf of the original lessee,

(ii) first registration of ownership of a leasehold interest, with an absolute, good leasehold or possessory title, by or on behalf of any person other than the original lessee,

(iii) conversion of a registered title

(iv) examination of title under rule 45 (a) or (c) of the 1966 Rules,

twenty times the amount of the rent together with the fine (if any) or the amount (if any) for which the lessee covenants to insure the premises, whichever is the greater,

(i) first registration of the ownership of a fee-farm rent or a rentcharge,

(ii) examination of title under rule 45 (b) of the 1966 Rules, or

(iii) first registration of ownership of freehold land which is leased at a rent or rents,

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

(d) in the case of first registration of the ownership of—

(i) an incorporeal hereditament held in gross (other than a fee-farm rent or a rentcharge),

(ii) any right prescribed by rule 224 (ii) or (iii) of the 1966 Rules,

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 £200, whichever is the greatest, or, where no consideration is expressed, £200.

(e) in the case of registration of transfers on sale of registered property, the amount of the money consideration expressed in the transfer (or, where the property transferred includes unregistered property, the amount of the money consideration attributable, in the opinion of the Registrar, to the registered property), including the consideration for goodwill, together with the amount of any registered money charge (except a land purchase or land reclamation annuity or a charge under the Small Dwellings Acquisition Acts, 1899 to 1962, or the Housing Act, 1966 ), subject to which the property is transferred,

(f) in the case of—

(i) registration of transfers (other than those solely for money consideration),

(ii) registration of each ownership under a settlement, and

(iii) exchanges,

the value as determined in accordance with paragraph (a), (b), (c), (d), (j) or (k) (as the case may be) of this definition and, in the case of exchange involving a money consideration by way of equality, the said value as increased by the amount of the money consideration,

(g) in the case of transfers, other than transfers on sale, of registered property—

(i) where land is leased at a rent or rents, twenty times the amount of the said rent or rents,

(ii) where part only of such land transferred is leased at a rent or rents, twenty times the amount of the said rent or rents as respects the part and the value of the other part transferred as determined in accordance with paragraph (a) of this definition.

(h) in the case of registration of 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,

(i) in the case of registration of ownership of registered land under section 49 of the Act of 1964, the value as determined in accordance with paragraph (a) of this definition,

(j) in the case of registration of money charges (including rentcharges and judgment mortgages) secured on registered property only and in the case of examination of title under rule 45 (d) of the 1966 Rules—

(i) where the amount of the charge is a definite sum, the amount secured,

(ii) where the charge is to secure an indefinite sum, the amount covered by the stamp duty, and

(iii) where the charge is to secure a life annuity, twelve times the amount of the annual sum payable,

(k) in the case of registration of money charges (including judgment mortgages) secured on registered and unregistered property, the appropriate amount ascertained, pursuant to paragraph (j) of this definition, in respect of the proportionate part of the charges attributable to the registered property as certified by the solicitor for the applicant or by a person who, in the opinion of the Registrar, is competent to value property,

(l) in the case of registration as burdens of—

(i) fee-farm rents and rentcharges, the value as determined in accordance with paragraph (c) of this definition,

(ii) rights of residence, support and similar rights, the value (as determined in accordance with paragraph (j) or (k) (as the case may be) of this definition) of the alternative payment (if any) reserved or £200, whichever is the greater, or, where no alternative payment is reserved, £200, and

(iii) easements, profits á prendre and similar incorporeal rights or hereditaments, the value as determined in accordance with paragraph (d) of this definition,

(m) in the case of 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 paragraph (c), (d), (j), (k) or (l) (as the case may be) of this definition,

(n) in the case of 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 paragraph (c), (d), (j) or (k) (as the case may be) of this definition, and

(o) in the case of registration of transmissions on the deaths of registered owners of property—

(i) in the case of land which is not subject to leases, the value as determined in accordance with paragraph (a) of this definition,

(ii) in the case of land which is leased at a rent or rents the value as determined in accordance with paragraph (c) of this definition,

(iii) in the case of a leasehold interest where the property is not separately valued, the value as determined in accordance with paragraph (b) of this definition, and

(iv) in the case of a charge or burden, the value as determined in accordance with paragraph (c), (d), (j) or (k) (as the case may be) of this definition.

4. The fees to be charged and taken in the Land Registry in proceedings under the Act of 1964 shall be in accordance with this Order and the Schedule thereto, and all such fees shall be payable by means of Land Registry stamps.

5. 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.

6. 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.

7. No registration shall be made and no other transaction shall be done or completed until the Land Registry stamp for the appropriate fee 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.

8. Where, on a transfer on sale, the whole or part of the purchase money is secured by way of a charge or lien for unpaid purchase money, full fees shall, on registration of the transferee, be chargeable on the full amount of the purchase money, together with a fee of £1 for registration of the charge or lien as a burden.

9. 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, fees shall, on registration of the transferee or person entitled, be chargeable only on the value of the interest passing.

10. Where a transfer is made to a trustee to uses that entitled the transferor or transferors to be re-registered as owners of the property as joint tenants where they were registered as owners of the property prior to the transfer as tenants in common (or vice versa), a fee of £2 shall be chargeable.

11. Where a transfer, will or assent creates charges (otherwise than in repayment of moneys advanced) or burdens on the property transferred, devised or vested by the assent, as the case may be, or where a transfer or assent and an instrument creating charges (otherwise than in repayment of moneys advanced) or burdens are lodged at the same time, no fees shall be chargeable for the registration of such charges or burdens.

12. Where a transfer or assent creates charges for the repayment of moneys advanced on the property transferred or vested by the assent, as the case may be, or where such charges on the property are lodged at the same time as the transfer or assent, half fees only shall be chargeable for the registration of such charges.

13. The fee for the registration of a charge on property by way of additional or substituted security, whether in the same folio in which the principal charge is registered or in other folios, shall be £1.

14. In the case of a registered charge to secure unlimited future advances, where the instrument of charge is further stamped with Revenue Duty, the fee for noting that fact in the register shall be the difference between the fee for a charge to secure the amount covered by the duty previously noted in the register and the fee for the registration of a charge to secure the total amount covered by the whole duty.

15. No fee shall be chargeable—

(a) 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 ;

(b) for the registration of the ownership of a lease where such registration is made under rule 123 (2) of the 1966 Rules ;

(d) for the registration of ownership of a registered burden on the transfer of such burden, where application is made at the same time for the registration of the ownership of the transferee ;

(e) in respect of any application for registration by a Department of State where it is certified to the satisfaction of the Registrar that the fee would, but for this paragraph, be payable solely out of moneys provided by the Oireachtas.

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

17. No fee exceeding £60 shall be charged in any one proceeding.

SCHEDULE

PART I

APPLICATIONS FOR FIRST REGISTRATION, FOR CONVERSION OF REGISTERED TITLE AND OTHER TRANSACTIONS INVOLVING INVESTIGATION OF TITLE

Item 1 :

Applications for—

(a) first registration of ownership of freehold land with an absolute, qualified or possessory title,

(b) first registration of ownership of a leasehold interest with an absolute title, by or on behalf of the original lessee,

(c) first registration of ownership of a leasehold interest, with absolute, good leasehold or possessory title, by or on behalf of any person other than the original lessee,

(d) conversion of a possessory, good leasehold or qualified title,

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

(f) examination of title under rule 45 (c) or (d) of the 1966 Rules,

(g) registration of ownership of any left in land involving investigation of title,

(h) registration of ownership under section 49 of the Act of 1964—

	£	s.	d.
on the first £100 of value or where the total value does not exceed £100	2	0	0
on every £100 or part thereof by which the value exceeds £100 but does not exceed £1,500		17	6
on every £100 or part thereof by which the value exceeds £1,500 but does not exceed £2,500		14	0
on every £100 or part thereof by which the value exceeds £2,500 but does not exceed £3,500		10	6
on every £100 or part thereof by which the value exceeds £3,500		5	6
Item 2 : Applications for first registration of ownership of a leasehold interest with a good leasehold or possessory title, by or on behalf of the original lessee	2	0	0
Item 3 : Applications for the entry of appurtenant lefts	2	0	0
Item 4 : Applications for conversion of a good leasehold title where the lessor, at the date of the application, is registered as owner with an absolute title	1	0	0
Item 5 : Applications for conversion of the title of an incorporeal hereditament registered with a possessory title where the grantor of the hereditament, at the date of the application, is registered as owner with an absolute title	1	0	0

PART II

REGISTRATION OF DEALINGS

ITEM 6 :	£	s.	d.
Registration of—
(a) transfers of property ;
(b) burdens (other than leases)—
on the first £100 of value or where the total value does not exceed £100	1	10	0
on every £100 or part thereof by which the value exceeds £100 but does not exceed £1,000		17	8
on every £100 or part thereof by which the value exceeds £1,000 but does not exceed £2,000		14	0
on every £100 or part thereof by which the value exceeds £2,000 but does not exceed £3,000		10	6
on every £100 or part thereof by which the value exceeds £3,000		5	6
ITEM 7 :
Cancellations of burdens (other than leases) not involving investigation of title—
where the value does not exceed £500	1	10	0
where the value exceeds £500	2	0	0
ITEM 8 :
Registration of transmissions on death—
where the value does not exceed £100	1	10	0
where the value exceeds £100 but does not exceed £250	2	10	0
where the value exceeds £250 but does not exceed £500	4	10	0
where the value exceeds £500 but does not exceed £1,000	6	0	0
where the value exceeds £1,000 but does not exceed £2,000	8	0	0
where the value exceeds £2,000	9	0	0
ITEM 9 :
Registration of the assignee of a limited owner	1	0	0
ITEM 10 :
Registration of leases as burdens, or cancellations of leases, not involving investigation of title	2	0	0
ITEM 11 :
Entry of note of death of registered owner under rule 99 of the 1966 Rules	1	0	0
ITEM 12 :
Registration of cautions, inhibitions, lis pendens, recognizances	1	0	0

ITEM 13 :	£	s.	d.
Registration of assignees or trustees of a bankrupt or an arranging debtor	1	0	0
ITEM 14 :
Registration of a transfer by a trustee to a cestui quitrust in pursuance of the trust (not being a transfer by a personal representative for the purpose of administration)	1	0	0
ITEM 15 :
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	1	0	0
ITEM 16 :
Entry of the names of new trustees on the register	1	0	0
ITEM 17 :
Registration of a purchaser under the Labourers Act, 1936	1	0	0
ITEM 18 :
Registration under a court order	1	0	0
ITEM 19 :
Withdrawal of the name of a joint tenant from the register on his death	1	0	0
ITEM 20 :
Application under rule 143 of the 1966 Rules	1	0	0
ITEM 21 :
Entry on the register of an address or description or change or amendment of name or description		10	0
ITEM 22 :
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 the second and every subsequent folio		5	0

PART III

LAND CERTIFICATES AND OTHER CERTIFICATES OF TITLE

ITEM 23 :
	£	s.	d.
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 (2) of the 1966 Rules)	2	0	0
ITEM 24 :
Certificate of charge endorsed on an instrument under rule 156 of the 1966 Rules		10	0

ITEM 25 :	£	s.	d.
Filing fee on affidavit grounding an application—
(a) for the issue of 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		10	0
ITEM 26 :
Re-certifying and re-issuing a certificate of title		7	6
ITEM 27 :
Issuing land certificate in lieu of existing certificate and including additional lands not included in existing certificate		7	6

PART IV

SEALED COPIES AND EXTRACTS

ITEM 28 :
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)	10	0
(b) where copy or extract exceeds four pages (excluding cover, if any)	10	0
	and 1/- for each additional page or part thereof.
ITEM 29 :
Re-certifying and re-sealing copy folios or extracts—
(a) where no additional entries are made or additional entries do not exceed one page	7	6
(b) where additional entries exceed one page	7	6
	and 1/- for each additional page or part thereof.
ITEM 30 :
Sealed certified copies of filed instruments, affidavits, orders or rulings—
(a) where copy does not exceed fifteen pages	10	0
(b) where copy exceeds fifteen pages	10	0
	and 1/- for each additional page or part thereof.

ITEM 31 :
Comparing duplicate documents with documents filed in the Land Registry and certifying result	6d. per folio of 72 words.

PART V

SEARCHES, INSPECTIONS AND PRODUCTION OF DOCUMENTS

ITEM 32 :	£	s.	d.
Official search under rule 190 of the 1966 Rules	1	0	0
For each ownership returned after the first, an additional fee of		4	0
ITEM 33 :
Priority search under rule 191 of the 1966 Rules	2	0	0
ITEM 34 :
Search by telegram or telephone under rule 196 of the 1966 Rules	1	10	0
ITEM 35 :
Search docket entitling the holder to search the indexes relating to any one title in any one day		2	6
ITEM 36 :
Inspecting each folio, map, instrument or record		2	6
ITEM 37 :
Requisition for production of filed document in court—for each day on which a filed document is required for production in court (exclusive of travelling and other expenses of a Land Registry official)	1	1	0
ITEM 38 :
Delivery of a filed document on returnable receipt when delivery is authorised		3	0
ITEM 39 :
Filing application for an order for production of a land certificate or other certificate of title under rule 164 of the 1966 Rules		7	6

PART VI

MAPS

ITEM 40 :
(a) Certified copy map of a holding or part of a holding on the scale on which it is shown on the Land Registry map	2	10	0
(b) Where more than one holding is shown on the copy map, for each additional holding or part of a holding		15	0

PART VII

MISCELLANEOUS

ITEM 41 :	£	s.	d.
Entry on the register of a note of the conclusiveness of the boundaries under rule 150 and 151 of the 1966 Rules, including the marking of the Land Registry map	2	0	0
ITEM 42 :
Summons by Registrar under rule 208 of the 1966 Rules	1	0	0
ITEM 43 :
Memorandum of Registrar for the court under rule 213 of the 1966 Rules	2	0	0
ITEM 44 :
Making any note or entry for which no other fee is prescribed	1	0	0
ITEM 45 :
Filing application for compensation under rule 217 of the 1966 Rules		10	0

GIVEN under my Official Seal, this 21st day of December, 1966.

BRIAN LENIHAN,

Minister for Justice.

The Minister for Finance hereby consents to the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance, this 21st day of December, 1966.

CHARLES J. HAUGHEY,

Minister for Finance.

EXPLANATORY NOTE

The purpose of this Order is to prescribe the fees chargeable in the Land Registry as from the 1st January, 1967, under the Registration of Title Act, 1964 (No. 16 of 1964), which comes into operation on that date. The present fees are prescribed in the Land Registration Fees Order, 1966, which is revoked by this Order.

The Table which follows shows the fees chargeable under this Order 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 Article 3 of the Order	Applications for first registration, for conversion of registered title, and other transactions involving investigation of title chargeable under Item 1 of the Schedule to the Order			Registration of transfers or burdens (other than leases) chargeable under Item 6 of the Schedule to the Order			Cancellations of burdens (other than leases) not involving investigation of title chargeable under Item 7 of the Schedule to the Order	Registration of transmissions on death chargeable under Item 8 of the Schedule to the Order
(1)	(2)			(3)			(4)	(5)
£	£	s.	d.	£	s.	d.
100	2	0	0	1	10	0	Where the value does not exceed £500—£1 10s. 0d.	Where the value does not exceed £100—£1 10s. 0d.
200	2	17	6	2	7	6
300	3	15	0	3	5	0
400	4	12	6	4	2	6
500	5	10	0	5	0	0
600	6	7	6	5	17	6
700	7	5	0	6	15	0		Where the value exceeds £100 but does not exceed £250—£2 10s. 0d.
800	8	2	6	7	12	6
900	9	0	0	8	10	0
1,000	9	17	6	9	7	6
1,100	10	15	0	10	1	6
1,200	11	12	6	10	15	6
1,300	12	10	0	11	9	6

1,400	13	7	6	12	3	6		Where the value exceeds £250 but does not exceed £500—£4 10s. 0d.
1,500	14	5	0	12	17	6
1,600	14	19	0	13	11	6
1,700	15	13	0	14	5	6
1,800	16	7	0	14	19	6
1,900	17	1	0	15	13	6
2,000	17	15	0	16	7	6	Where the value exceeds £500—£2 0s. d.	Where the value exceeds £500 but does not exceed £1,000—£6 0s. 0d.
2,100	18	9	0	16	18	0
2,200	19	3	0	17	8	6
2,300	19	17	0	17	19	0
2,400	20	11	0	18	9	6
2,500	21	5	0	19	0	0
2,600	21	15	6	19	10	6		Where the value exceeds £1,000 but does not exceed £2,000—£8 0s. 0.d
2,700	22	6	0	20	1	0
2,800	22	16	0	20	11	6
2,900	23	7	0	21	2	0
3,000	23	17	6	21	12	6
3,100	24	8	0	21	18	0
3,200	24	18	6	22	3	6
3,300	25	9	0	22	9	0
3,400	25	19	6	22	14	6
3,500	26	10	0	23	0	0		Where the value exceeds £2,000—£9 0s. 0d.
3,600	26	15	6	23	5	6
3,700	27	1	0	23	11	0
3,800	27	6	6	23	16	6
3,900	27	12	0	24	2	0
4,000	27	17	6	24	7	6

As to variation of fees and additional fees in certain cases, see the relevant articles of the Order.