Landlord and Tenant (Ground Rents) (No. 2) Act, 1978

Vesting certificate.


22.—(1) Where—

(a) the Registrar of Titles is satisfied that an application under section 20 has been duly made, or

(b) the Registrar as arbitrator or the Court on appeal is satisfied that the applicant under section 21 is entitled to acquire the fee simple,

the Registrar shall, subject to subsection (2), issue a certificate (in this section referred to as a “vesting certificate”) which shall, subject to subsection (3), operate to convey fee from incumbrances the fee simple and any intermediate interests in the dwellinghouse on the date specified in that behalf in the certificate.

(2) Before issuing a vesting certificate the Registrar shall satisfy himself that the purchase price has been paid or deposited with him, that the prescribed fees have been discharged and that rent for the dwellinghouse (other than arrears an action for the recovery of which is statute-barred) has been paid up to date.

(3) The vesting certificate shall be deemed to be a conveyance on sale for the purposes of sections 24 and 25 of the Registration of Title Act, 1964 (which provide for the extension of compulsory registration of ownership) and shall be deemed to be an instrument in the prescribed form for the purposes of section 51 of that Act (which provides for transfer of registered land).

(4) In a case to which subsection (3) relates, the Registrar shall, on being supplied with any further documents which he may require, provide for registration of the title under the Registration of Title Act, 1964 .

(5) The Registrar shall serve notice of the grant of a vesting certificate on arbitration on every person who appears to him to have been the owner of any estate, interest or incumbrance extinguished by virtue of subsection (1), so far as it is reasonably practicable to ascertain such persons.

(6) A person who claims to be entitled, as the owner of any estate, interest or incumbrance extinguished by virtue of subsection (1), to payment of the purchase money or any part of it deposited with the Registrar may apply to the Registrar as arbitrator for an award and the arbitrator shall, after serving reasonable notice of the claim on each of the persons notified under subsection (5), make such award and give such directions as he thinks just for the disbursement and distribution of the purchase money.

(7) The Registrar may, if he thinks proper, lodge in Court any money deposited with him under this section and the jurisdiction conferred on him under subsection (6) shall thereupon be exercised by a Judge of the Court for the time being assigned to the circuit in which are situate the premises or any part of the premises in relation to which the money is lodged.