S.I. No. 28/1971 - Land Registration (Solicitors' Costs) Rules 1970.

S.I. No. 28 of 1971.

LAND REGISTRATION (SOLICITORS' COSTS) RULES 1970.

We, the Registration of Title Rules Committee, constituted pursuant to the provisions of section 73 of the Courts of Justice Act, 1936 , by virtue of the powers conferred upon us by section 126 of the Registration of Title Act, 1964 , with the concurrence of the Minister for Justice, do hereby make the following Rules.

Dated this 14th day of May, 1970.

Maurice J. L. MacGowan,

Francis J. Lanigan,

Desmond L. McAllister.

I concur in the making of these Rules.

Dated this 26th day of January, 1971.

DESMOND O'MALLEY,

Minister for Justice.

S.I. No. 28 of 1971.

LAND REGISTRATION (SOLICITORS' COSTS) RULES, 1970.

PRELIMINARY AND GENERAL.

1 Commencement.

1. These Rules shall come into operation on the 15th day of February, 1971.

2 Short title and citation.

2. (1) These Rules may be cited as the Land Registration (Solicitors' Costs) Rules, 1970.

(2) These Rules shall be read with the Land Registration Rules, 1966, and shall be deemed to be incorporated therewith, and shall, so far as inconsistent therewith, alter or amend the same.

(3) These Rules and the Land Registration Rules, 1966, may be cited together as the Land Registration Rules, 1966 to 1970.

3 Interpretation.

3. In these Rules—

The expression "the Act of 1881" means the Solicitors' Remuneration Act, 1881;

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

the expression "the 1966 Rules" means the Land Registration Rules, 1966;

the expression "the Order of 1884" means the Solicitors' Remuneration General Order, 1884, made pursuant to the Act of 1881 and dated the 16th day of April, 1884;

the expression "the Order of 1951" means the Solicitors' Remuneration General Order, 1951, made pursuant to the Act of 1881 and dated the 11th day of December, 1951.

the expression "the Order of 1960" means the Solicitors' Remuneration General Order, 1960, made pursuant to the Act of 1881 and dated the 5th day of August, 1960.

4 Amendment of Rule 121(6) of 1966 Rules.

4. Rule 121(6) of the 1966 Rules is hereby amended by the substitution of the words "Part VI of the Schedule to the Land Registration (Solicitors' Costs) Rules 1970" for the words "Part VI of the Schedule of costs to these Rules".

5 Recission of Part VII of the 1966 Rules.

5. Part VII of the 1966 Rules and the Schedules of costs to the 1966 Rules are hereby rescinded.

6 Orders of 1884 and 1960 as varied to apply.

6. 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 Orders of 1884 and 1960 as varied by these Rules.

7 Sales, purchases and charges.

7. (1) The following provisions shall apply in respect of sales, purchases and charges completed.

(i) Where the property is registered with a possessory title that cannot be converted into an absolute title except after the examination of title prescribed by rules 36 and 37 of the 1966 Rules—

(a) the remuneration of the solicitor for the vendor or person charging the property shall be the charges set out in Part I of the Schedule of Costs to these Rules, provided that such title shall have been shown as would enable the purchaser or chargee to have the title registered as absolute;

(b) the remuneration of the solicitor for the purchaser or chargee shall be the charges set out in Part I of the Schedule of Costs to these Rules, provided that an application to convert the possessory title is made when registration of the ownership or of the charge is applied for and effect is given to the investigation of the title made on the sale or charge by the registration of the title as absolute. The remuneration shall cover all charges in connection with the conversion of the title. If such conversion is not applied for and obtained, the remuneration shall be two-thirds of the foregoing remuneration.

(ii) Where

(a) the property is registered with a possessory title that cannot be converted except after the examination of title prescribed by rules 36 and 37 of the 1966 Rules, and such title as would enable the purchaser or chargee to have the title converted shall not have been shown, or

(b) the property is not registered with a possessory title or is registered with a possessory title that may be converted on an application under rule 33, 34, or 35 of the 1966 Rules,

the remuneration shall be half the charges set out in Part I of the Schedule of Costs to these Rules. The conversion of a title on an application under rule 33, 34 or 35 shall be deemed to be part of the business in connection with the sale or charge and the solicitor obtaining the conversion shall also be entitled to the remuneration therefor prescribed by rule 9 (1) (ii) of these Rules.

(2) In respect of all sales, purchases or charges, completed or not completed, for which the remuneration prescribed by the foregoing provisions of this rule is not chargeable, the remuneration shall be the charges prescribed by clause 2(c) of the Order of 1884 amended by the Order of 1960 as varied by rules 9 and 14 of those Rules.

8 Leases and fee-farm grants.

8. The following provisions shall apply in respect of leases, fee-farm grants and agreements therefor:

(i) The remuneration for leases or agreements for leases at rack rent (other than mining leases or leases for building purposes or agreements therefor) shall be the charges set out in Part II of the Schedule of Costs to these Rules.

(ii) The remuneration for conveyances in fee or for any other freehold estate reserving a rent (not being a fee-farm grant under the Renewable Leasehold Conversion Act, 1849, or the Church Temporalities Acts) or for building leases reserving rent or other long leases not at rack rent or agreements therefor or mining leases or licences or agreements therefor shall be the charges set out in Part III of the Schedule of Costs to these Rules. Where a conveyance or lease is partly in consideration of a money payment or premium and partly in consideration of a rent, then, in addition to the remuneration hereby prescribed in respect of the rent, there shall be payable a further sum equal to the remuneration on a purchase at a price equal to such money payment or premium, such further remuneration to be ascertained as prescribed in rule 7 of these Rules.

9 Other business.

9. (1) The following provisions shall apply in respect of the transactions specified therein:

(i) For all charges on any transfer (except a transfer on sale) by a registered owner or his personal representative or on a transfer by a registered trustee to another trustee or to a beneficiary, 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 the burdens (if any) discharged, to give effect to the transfer, the remuneration to the solicitor for the transaction completed shall be the charges set out in Part IV of the Schedule of Costs to these Rules.

(ii) For all charges in connection with an application for the conversion of a possessory title on an application under rule 33, 34 or 35 of the 1966 Rules, the remuneration to the solicitor who obtains the conversion shall be the charges set out in Part V of the Schedule of Costs to these Rules.

(iii) On a transfer by a registered owner (except a transfer on sale) or on a transmission on the death of such an owner, the conversion of a possessory title that may be effected on an application under rule 33 or 34 of the 1966 Rules 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 prescribed in sub-paragraph (ii)ante 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 121(6) of the 1966 Rules in connection with an application under the said rule for the cancellation of a notice in the register of a deposit of an affidavit of judgment as a mortgage shall be those prescribed in Part VI 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 121 (5) of the 1966 Rules.

(2) Except as prescribed by the foregoing provisions thereof, the remuneration for business with registered property to which clause 2(c) af the Order of 1884 applied shall be the amount of the charges prescribed by the said clause 2(c) amended by the Order of 1960 as varied by these Rules.

10 Recission of rule 11 of Part 1 of Schedule 1 to the Order of 1884.

10. It is hereby declared that rule II of the Rules to Part I of Schedule I to the Order of 1884, which was rescinded by clause 3 of the Order of 1951, is also rescinded as far as these Rules are concerned.

11 Meaning of "value" in Parts IV and V of the Schedule of Costs.

11. "Value" in Parts IV and V of the Schedule of Costs to these Rules means fifty times the rateable valuation of the property.

12 Taxation.

12. (1) Costs prescribed by these Rules shall, when taxable, be taxed by a Taxing Master of the High Court, and the Rules of the Superior Courts for the time being relative to taxation shall apply to such costs as if the Land Registry were an Office of the High Court.

(2) In the taxation of costs, the Taxing Master shall have regard to the procedure prescribed by the Act and the 1966 Rules and shall disallow the costs of any document or part thereof that he may consider unnecessary or prolix having regard to the prescribed form and the procedure and effect of registration under the Act.

13 Certain amendments of Order of 1960 not to apply.

13. The amendments effected by paragraphs 3(d) and 4(c) of the Order of 1960 shall not apply to registered property.

14 Instruction fee.

14. The following instruction fee shall be substituted for the instruction fee in the Schedule to the Order of 1960:

"Such fees for instructions as, having regard to the care and labour required, the number and lengths of the papers to be perused and the other circumstances of the case, may be fair and reasonable".

15 Amendment.

15. In Note 6 of the Schedule to the Order of 1960, the word "later" shall be substituted for the word "earlier".

SCHEDULE OF COSTS

PART I

Scale of charges on sales, purchases and mortgages.

For the first £1.000

For the second and third £1,000

For the fourth and each subsequent £1,000 up to £10,000

For each subsequent £1,000

(1)

(2)

(3)

(4)

Vendor's Solicitor:—

For all charges including charges for negotiation by solicitor, connected with the sale of property by private contract or by auction, including preparation of contract and conditions of sale, deducing title and furnishing necessary searches, and perusing and completing conveyance.

£4·00

per £100

£3·00

per £100

£1·50

per £100

£0·75

per £100

In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Columns Numbers 1 and 2; £0·50 on Column Number 3 and £0·26 on Column Number 4.

Purchaser's Solicitor :—

For all charges connected with purchase of property, whether by private contract or by public auction including perusal of contract or conditions of sale, investigating title and searches, and preparing, completing and registering conveyance.

£4·00

per £100

£3·00

per £100

£1·50

per £100

£0·75

per £100

Subject to the same reductions as last item.

Mortgagor's Solicitor:—

For all charges connected with loan, deducing title, furnishing searches, perusing and completing conveyance.

£3·00

per £100

£2·00

per £100

£1·00

per £100

£0·50

per £100

Mortgagee's Solicitor :—

For all charges connected with loan, including investigation of title and searches, and preparing, completing and registering mortgage or other security deed.

£4·00

per £100

£3·00

per £100

£1·50

per £100

£0·75

per £100

PART II

Scale of charges as to leases or agreements for leases at rack rent (other than mining leases or leases for building purposes or agreements for the same)

Lessor's Solicitor:
For preparing, setting and completing lease and counterpart:—
Where the rent does not exceed £100	£15 per cent. on the rental but not less in any case than £6.
Where the rent exceeds £100 but does not exceed £500	£15 in respect of the first £100 of rent and £5 per cent. in respect of each subsequent £100 of rent or any part thereof.
Where the rent exceeds £500	£15 in respect of the first £100 of rent, £5 in respect of each £100 of rent up to £500 and £2 per cent. in respect of every subsequent £100 or part thereof.
Lessee's Solicitor:
For perusing draft and completing (no sum of less than £1 yearly to be taken into account in any case)	One half of the amount payable to the Lessor's solicitor but not less in any case than £4·20.

In case the lease is registered a charge of £4 to the solicitor registering same.

PART III

Scale of charges as to certain fee farm grants, building leases reserving rent and other long leases not at rack rent, etc.

Vendor's or lessor's solicitor—for preparing, settling, and completing conveyance and duplicate, or lease and counterpart:—

Amount of Annual Rent	Amount of Remuneration
Where it does not exceed £5	£10
Where it exceeds £5 and does not exceed £50	The same payment as on a rent of £5, and also 40 per cent. on the excess beyond £5.
Where it exceeds £50, but does not exceed £150	The same payment as on a rent of £50, and 20 per cent. on the excess beyond £50.
Where it exceeds £150	The same payment as on a rent of £150, and 10 per cent. on the excess beyond £150.
Where a varying rent is payable the amount of amount of annual rent is to mean the largest amount of annual rent.

Purchaser or lessee's solicitor—for perusing draft and completing. . .One half of the amount payable to the Vendor's or Lessor's solicitor,

In case the Lease is registered, a charge of £4 to the solicitor registering same.

PART IV

Scale of charges for transfer (except a transfer on sale) by a registered owner or his personal representative.

Value of property transferred	Remuneration
Not exceeding £100	£ 3·10
Exceeding £100 but not exceeding £200	£4·26
Exceeding £200 but not exceeding £300	£5·43
Exceeding £300 but not exceeding £400	£6·20
Exceeding £400 but not exceeding £500	£7·13
Exceeding £500 but not exceeding £600	£8·44
Exceeding £600 but not exceeding £700	£9·75
Exceeding £700 but not exceeding £800	£11·06
Exceeding £800 but not exceeding £900	£12·37
Exceeding £900 but not exceeding £1.000	£13·69
Exceeding £1,000 but not exceeding £3,000	£13·69 on the first £1,000 and £0·85 on each subsequent £100 or part of £100
Exceeding £3,000 but not exceeding £10,000	£30·69 on the first £3,000 and £0·37 on each subsequent £100 or part of £100
Exceeding £10,000	£56·94 on the first £10,000 and £0·23 on each subsequent £100 or part of £100

PART V

Scale of charges for applications for conversion of possessory titles etc., under rules 33, 34 and 35 of the Land Registration Rules, 1966.

Value of property	Remuneration
Not exceeding £250	£2·33
Exceeding £250 and not exceeding £500	£3·10
Exceeding £500	£4·65

PART VI

Judgment mortgages

Costs payable under rule 121 (6) of the Land Registration Rules, 1966.

Costs to applicant:
(a) if cancellation made without objection by judgment creditor	£1·55
(b) if cancellation made after objection by judgment creditor	£3·10
Costs to judgment creditor:
On objection by him to cancellation when cancellation refused	£3·10

EXPLANATORY NOTE.

These Rules, which come into operation on the 15th February, 1971, amend Rule 121 (6) of the Land Registration Rules 1966 and rescind Part VII of the said Rules and the Schedule of Costs thereto annexed and substitute new Land Registration (Solicitors' Costs) Rules and Schedule therefor.