S.I. No. 216/1974 - Land Purchase Acts Rules, 1974.

S.I. No. 216 of 1974.

LAND PURCHASE ACTS RULES, 1974.

IRISH LAND COMMISSION.

Land Purchase Acts.

Rules and Orders under the Land Act, 1933 .

The 9th day of July, 1974.

It is this day ordered by the Minister for Lands, in pursuance of the powers conferred on him by Section 3 of the Land Act, 1933 , and of every other power him enabling in this behalf, with the concurrence of a majority of the Committee constituted pursuant to the provisions of the said Section and after consultation with the President of the Incorporated Law Society of Ireland, that the following Rules shall from and after this date (except where otherwise stated) and until further order take effect and be in force in relation to proceedings under the Land Purchase Acts and that all existing Rules and Orders made under the same Acts, in so far as they are inconsistent with these Rules but no further, are hereby amended or revoked.

TOM FITZPATRICK,

Minister for Lands.

We hereby concur in the making of the following Rules.

Members of the Committee: SEÁN DE BUITLÉIR,

T. O'BRIEN,

JOHN KELLY.

S.I. No. 216 of 1974.

ORDER I.

Title.

1. These Rules and Orders may be cited as the Land Purchase Acts Rules of 1974.

Interpretation.

2. (1) The Interpretation Act, 1937 (No. 38 of 1937) applies to the interpretation of these Rules and Orders in like manner as it applies to the interpretation of an Act of the Oireachtas.

(2) In these Rules and Orders—

"The Rules of 1964" means the Land Purchase Acts Rules of 1964 ( S.I. No. 230 of 1964 ) dated 23rd September, 1964.

Saving of existing Rules.

3. All Rules heretofore made under the Land Purchase Acts shall continue in force save in so far as they are revoked by, or are inconsistent with, these Rules.

ORDER II.

Amendment of existing Rules.

Article 7 of the First Schedule to the Rules of 1964 is hereby amended by the substitution for Rule 3 thereof of:—

Registered Land.

3. If the title to the estate is registered under the Registration of Title Acts, 1891 and 1942, or the Registration of Title Act, 1964 , the Land Certificate, if issued, and an attested copy of the Folio written up to the latest date shall be lodged with the Affidavit of Title.

ORDER III.

Amendment of Second and Third Schedules to the Rules of 1964.

The Second and Third Schedules to the Rules of 1964 are hereby amended as follows:—

( a ) by the addition of the words "or the Registration of Title Act, 1964 " after the words "the Registration of Title Acts, 1891 and 1942" where they occur.

( b ) by the substitution for the words "Where the property has a notice of equities or of possessory title in the register that cannot be cancelled except after the examination of title prescribed by Rules 36 and 37 of the Land Registration Rules, 1959 ( S.I. No. 96 of 1959 )" where they occur, of the words "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 Land Registration Rules, 1972 ( S.I. No. 230 of 1972 ) or where, but for the fixing of the Appointed Day by the Land Commission, an application under Rule 46 of the said Rules would be required to establish title by possession".

( c ) by the substitution for the words "Where the property has no notice of equities or of possessory title or has a notice thereof that may be cancelled on an application under Rules 34 or 35 of the Land Registration Rules, 1959 ( S.I. No. 96 of 1959 )" where they occur, of the words "Where the property is not registered with a possessory title or is registered with a possessory title that may be converted on an application under Rules 33, 34 or 35 of the Land Registration Rules, 1972 ( S.I. No. 230 of 1972 )".

EXPLANATORY NOTE.

These Rules adapt the Land Purchase Acts Rules of 1964 having regard to the provisions of the Registration of Title Act, 1964 , and the Land Registration Rules, 1972, and additionally they amend the method of ascertaining legal costs prescribed by the said Land Purchase Acts Rules of 1964.