REGISTRATION OF TITLE ACT, 1964

AN ACT TO CONSOLIDATE WITH AMENDMENTS THE LAW RELATING TO THE REGISTRATION OF THE TITLE TO LAND. [4th July, 1964.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I Preliminary and General

1. Short title.

1.—This Act may be cited as the Registration of Title Act, 1964.

2. Commencement.

2.—This Act shall come into operation on such day as the Minister for Justice by order appoints

3. Interpretation.

3.—(1) In this Act, save where the context otherwise requires—

“the Act of 1891” means the Registration of Title Act, 1891;

“assignment on sale” has the meaning assigned to it by section 24;

F1[…]

F2[…]

“conveyance” has the same meaning as in the Conveyancing Acts;

“conveyance on sale” has the meaning assigned to it by section 24;

“Conveyancing Acts” means the Conveyancing Acts, 1881 to 1911;

“the court” has the meaning assigned to it by section 18;

“disposition” includes transfer and charge;

“drainage charge” includes any charge payable under the Landed Property Improvement (Ireland) Act, 1847, or under the Drainage (Ireland) Act, 1842, and also any charge payable under the Drainage and Improvement of Land (Ireland) Act, 1863, or any provisional Order under the said Act duly confirmed, or under any other Act for the improvement or drainage of lands;

“existing” means existing immediately before the commencement of this Act;

“fee simple” includes estates held under fee farm grants and perpetuity grants;

“former crown rent” has the same meaning as in the State Property Act, 1954;

F3["freehold land" means land the ownership of which is an estate in fee simple in possession;]

“general rules” means rules under section 126;

“incumbrance” has the same meaning as in the Conveyancing Acts;

F4["index" means an index maintained under this Act and includes, and is deemed always to have included, any index stored in electronic or other non-legible form which is capable of being converted into a permanent legible form; ]

F5["instrument" has the meaning given to it by section 3 of the Land and Conveyancing Law Reform Act 2009;]

F3["judgment mortgage" means a mortgage registered by a judgment creditor pursuant to section 116 of the Land and Conveyancing Law Reform Act 2009;]

F3["land" has the meaning given to it by section 3 of the Land and Conveyancing Law Reform Act 2009;]

“land certificate” has the meaning assigned to it by section 28;

“Land Commission” means the Irish Land Commission;

“land improvement charge” includes any charge for land improvement loans payable to the Commissioners of Public Works in Ireland under the Landed Property Improvement (Ireland) Act, 1847;

“Land Purchase Acts” includes F6[…] the Congested Districts Board (Ireland) Acts;

“Land Registry” has the meaning assigned to it by section 7;

“lease” means any contract of tenancy and includes an agreement for a lease;

“leasehold interest” means an F3[estate] in land under a lease for a term of years of which more than twenty-one F4[(or such other number as may be prescribed)] are unexpired at the date of registration, not being a term for securing money, with or without a covenant for renewal, and includes an interest held at a rent under a lease for a life or lives, or determinable on a life or lives, F4[and the right or interest of a person who has barred, under the Statute of Limitations 1957, the right of action of a person entitled to such leasehold interest,] and where a lease in possession and a reversionary lease to take effect in possession upon the expiry of the first-mentioned lease are so held that the interest under both leases belongs to the same person under the same right, such leases, so far as they relate to land comprised in both leases, shall be deemed to create one continuous term in possession;

F2[…]

F2[…]

“mortgage” has the same meaning as in the Conveyancing Acts;

F5["owner" includes full owner;]

“personal representative” means the executor, original or by representation, or the administrator of a deceased person;

“possession” includes the receipt of the rents and profits;

“prescribed” means prescribed by general rules;

F4["record" includes any book, index or document and any information in electronic or other non‑legible form which is capable of being converted into a permanent legible form; ]

F7["register" means a register maintained under this Act and includes, and is deemed always to have included, any register kept in electronic or other non-legible form which is capable of being converted into a permanent legible form;]

“registered land” means land of which an owner is or is deemed to be registered under this Act;

F2[…]

“F8[the Authority]” means the F8[the Authority];

F1[…]

“Registry of Judgments” means the office established by the Judgments (Ireland) Act, 1844;

“registry map” has the meaning assigned to it by section 84;

F4["registry maps" means the maps referred to in section 84;]

“repealed enactments” means the Registration of Title Acts, 1891 and 1942, repealed by this Act;

“right” includes estate, interest, equity and power;

F1[…]

F1[…]

“State bond” means a bond entered into with any person acting on behalf of the State, including, without prejudice to the generality of the foregoing, a bond entered into with the Minister for Finance under section 39 of the Finance Act, 1924, and a Crown bond;

“statutory authority” means—

• (a) a Minister of State,

• (b) the Land Commission,

• (c) the Commissioners of Public Works in Ireland,

• (d) any local or public authority, or

• (e) any company or other body of persons established by or by direction of any enactment;

“tithe rent charge” includes any annual sum payable to the Land Commission under section 32 of the Irish Church Act, 1869;

“unregistered land” means land of which an owner is not registered or deemed to be registered under this Act;

“will” includes codicil.

• (2) F9[…]

• (3) In this Act, references to any enactment shall be construed as references to that enactment as amended or extended by any other enactment, including this Act.

• (4) In this Act, a reference by number to a section is to the section of this Act bearing that number unless it is indicated that a reference to some other Act is intended.

4. Expenses.

4.—F10[…]

5. Repeals.

5.—The enactments mentioned in the Schedule are hereby repealed to the extent specified in the third column.

6. Continuance of existing officers, offices, registers, instruments and documents.

6.—(1) F11[The Authority] and other officers acting under the repealed enactments shall continue to act as if appointed under this Act.

• (2) All offices established under the repealed enactments shall continue to be used under this Act.

• (3) A register maintained under the repealed enactments shall form part of the appropriate register under this Act.

• (4) All instruments and documents made or issued under the repealed enactments shall, if in force immediately before the commencement of this Act, continue in force and have the same validity as if made or issued under this Act.

PART II Land Registry, Registers, F12[the Authority] and Jurisdiction

Land Registry

7. F13[Land Registry.

7.— (1) There shall be an office or offices for the purpose of registering the ownership of land in the State.

• (2) The office or offices shall be known as the Land Registry.

• (3) The Land Registry shall be under the management and control of the Property Registration Authority.]

Registers

8. Registers of ownership.

8.—There shall be maintained in the F14[Land Registry]—

• (a) registers of—

• (i) ownership of freehold land, and

• (ii) ownership of leasehold interests,

excluding incorporeal hereditaments held in gross;

• (b) a register of ownership of—

• (i) land comprising incorporeal hereditaments held in gross;

• (ii) such other rights in land as may be prescribed.

The Authority

9. The Registrar of Titles

9.—F15[…]

10. Local registrars.

10.—F16[…]

11. Relations of the Registrar and local registrars.

11.—F17[…]

12. Officers of central and local offices.

12.—F18[…]

13. Exercise of powers of registering authorities.

13.—F19[…]

14. Fees.

14.—F20[…]

15. Official seals.

15.—F21[…]

16. Powers of F22[the Authority].

16.—(1) Subject to general rules, F22[the Authority] may, by summons under F23[its] seal, require the attendance of all such persons as F23[it] thinks fit in relation to the registration of any title.

• (2) F23[It] may, by like summons, require any person having the custody of any map, survey or book made or kept in pursuance of any enactment to produce the map, survey or book for inspection.

• (3) F23[It] may examine on oath any person appearing before F23[it] and administer an oath accordingly.

• (4) F23[It] may allow to any person summoned by F23[it] the reasonable expenses of his attendance.

• (5) Any expenses allowed in pursuance of this section shall be deemed to be charges incurred in or about proceedings for registration, and may be dealt with in such manner as may be prescribed.

• (6) If any person, after the delivery to him of a summons under this section, or of a copy thereof, and after having had a tender made to him of the expenses, if any, to which he is entitled, wilfully neglects or refuses to attend in pursuance of the summons, or to produce such maps, surveys, books or other documents as he may be required to produce under this Act, or to answer on oath or otherwise such questions as may be lawfully put to him by F22[the Authority] under the powers of this Act, he shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding one hundred pounds.

17. Proceedings by and against F24[Registrar].

17.—F25[…]

Jurisdiction of the Court

18. The court.

18.—(1) The High Court and, subject to the provisions of this Act, the Circuit Court shall have jurisdiction for the purposes of this Act and “the court” shall in this Act be construed accordingly.

• (2) Unless the necessary parties to the proceedings sign, either before or at any time during the hearing, the form of consent prescribed by rules of court, the Circuit Court shall not have jurisdiction in relation to land the F26[market value] of which exceeds F26[€3,000,000].

• (3) The jurisdiction of the Circuit Court to hear and determine any matter under this Act in relation to land shall be exercised by the judge of the circuit where the land or any part of the land is situate.

• F27[(4) In this section "market value" means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.]

19. Appeal and reference to the court.

19.—(1) Any person aggrieved by an order or decision of F28[the Authority] may appeal to the court and the court may annul or confirm, with or without modification, the order or decision.

• (2) Whenever F28[the Authority] entertains a doubt as to any question of law or of fact arising in the course of registration under this Act, F29[it] may make an order referring the question to the court.

• (3) In any proceeding under this section the court shall, if so requested by F28[the Authority], and may in any case, if necessary, appoint a guardian or other person to represent any infant, person of unsound mind, person absent from the State, unborn person or person as to whom it is not known whether he is alive or dead; and, if satisfied that the interests of any person so represented are sufficiently protected by the representation, may make an order declaring that he shall be conclusively bound by the decision of the court and thereupon he shall, subject to the right under this Act to appeal on special leave, be bound accordingly, as if he were a party.

20. Enforcement by High Court of order of F30[the Authority].

20.—If any person disobeys an order of F30[the Authority] made in pursuance of this Act, F30[the Authority] may certify the disobedience to the High Court and thereupon the person guilty of the disobedience may, subject to his right of appeal to that Court from such order, be punished by the Court as if the order of F30[the Authority] were the order of the Court.

21. F31[The Authority] to obey order of court.

21.—(1) F31[The Authority] shall obey the order of a court of competent jurisdiction in relation to registered land.

• (2) F31[The Authority] may, where F32[it] considers it necessary, apply to the court which has made such order either to vary the same or to give directions as to the mode in which it is to be obeyed; and thereupon the court, after such notice, if any, as it may direct, may vary such order in such manner, or make such new order, as it may think fit.

22. Power of court in action for specific performance

22.—Where an action is instituted for the specific performance of a contract relating to registered land or a registered charge, the court before which the action is pending may cause all or any parties who have registered rights in the land or charge, or have entered cautions or inhibitions against the same, to appear in the action and show cause why the contract should not be specifically performed, and the order of the court in the action shall be binding on those parties or any of them.

PART III Registration of Ownership

Compulsory Registration

23. Compulsory registration.

23.—(1) The registration of the ownership of freehold land shall be compulsory in the following cases—

• (a) where the land has been F33[…] at any time sold and conveyed to or vested in any person under any of the provisions of the Land Purchase Acts or the Labourers Acts, 1883 to 1962;

• (b) where the land is acquired, after the commencement of this Act, by a statutory authority;

• (c) in any case to which subsection (2) F34[or (2A)] of section 24 applies.

• F35[(1A) Where land has been sold, conveyed or vested under the Irish Church Act 1869 and its ownership has not been registered, registration of ownership of the land is deemed never to have been required merely by virtue of the sale, conveyance or vesting.]

• (2) The registration of the ownership of a leasehold interest shall be compulsory in the following cases—

• (a) where the interest is acquired, after the commencement of this Act, by a statutory authority;

• (b) in any case to which subsection (2) F34[or (2A)] of section 24 applies.

• (3) The provisions of this Act in relation to registration of ownership do not apply to an estate or interest in reversion, remainder or expectancy.

24. Extension of compulsory registration.

F36[24.—(1) The Minister for Justice, Equality and Law Reform, after consultation with the Authority, may by order provide that this section shall apply to—

• (a) a specified area, including a local government area within the meaning of section 10 of the Local Government Act 2001,

• (b) specified land, or

• (c) specified land in such an area,

F37[on and after] a specified day, not being earlier than 6 months after the making of the order.

• (2) Where this section applies, the registration of ownership of the land concerned shall, if not already compulsory, become compulsory—

• (a) in the case of freehold land, upon its conveyance on sale, and

• (b) in the case of a leasehold interest, upon the grant or assignment on sale of such an interest.

• (2A) An order under this section may provide that the registration of ownership of land to which this section applies shall, if not already compulsory, become compulsory in the case of specified dispositions of land other than those mentioned in subsection (2).

• (2B) The Minister may by order amend or revoke an order under this section, including an order under this subsection.]

• (3) In this Part “conveyance on sale” and “assignment on sale” mean an instrument made on sale for money or money’s worth by virtue of which there is conferred or completed a title in respect of which an application for registration as owner may be made, and include a conveyance or assignment by way of exchange where money is paid for equality of exchange and also include any contract, agreement, condition or covenant affecting the property comprised in the conveyance or assignment and entered into or made as part of, or in association with, such conveyance or assignment.

25. Effect of failure to register where registration compulsory.

F38[25.— A person shall not acquire an estate or interest in land in any case in which registration of ownership of the land is or becomes compulsory under section 23 or 24 unless the person is registered as owner of the estate or interest within 6 months after the purported acquisition or at such later time as the Authority (or, in case of refusal, the court) may sanction in any particular case, but on any such registration the person’s title shall relate back to the date of the purported acquisition, and any dealings with the land before the registration shall have effect accordingly.]

26. Registration by Land Commission.

26.—(1) In the case of any land to which paragraph (a) of subsection (1) of section 23 applies sold or conveyed to or vested in or deemed to be sold or conveyed to or vested in a purchaser under the Land Purchase Acts prior to the 1st day of January, 1892, the Land Commission, in order that the registration of the ownership of the lands may be effected, may transmit to F39[the Authority] the prescribed particulars respecting the land and the name of the person appearing to them to be in possession thereof and F39[the Authority] shall thereupon register that person as the owner of the land.

• (2) Subject to subsection (1), whenever the Land Commission vest land in a purchaser under the Land Purchase Acts by vesting order, or other instrument, they shall forthwith furnish to F39[the Authority] such documents as may be prescribed for the purpose of registration and thereupon F39[the Authority] shall register the ownership of the person named in the said instrument, in accordance with the provisions of this Act.

• (3) The ownership of every person so registered shall, unless F39[the Authority] is satisfied that the grant of an absolute or qualified title is warranted, be registered with a possessory title.

• (4) In the case of unregistered land to which subsection (2) applies, the following provisions shall have effect—

• (a) such land shall, on and after the date of the instrument, be deemed to be registered land within the meaning of this Act and this Act shall apply to such land accordingly;

• (b) such land shall, on and after the date of the instrument, be exempt from the provisions of the Acts relating to the Registry of Deeds.

General Provisions as to Registration

27. Classes of owners who may be registered.

27.—F40[…]

28. Land certificate.

28.—F41[…]

29. Rectification on amendment of vesting order.

29.—Where an order is made under section 30 of the Land Act, 1931, amending a vesting order, F42[the Authority] shall on the lodgment with F43[it] of an office copy of the order rectify the register in conformity with the vesting order as so amended.

30. Fraudulent dispositions and entries.

30.—(1) Subject to the provisions of this Act with respect to registered dispositions for valuable consideration, any disposition of land or of a charge on land which if unregistered would be fraudulent and void, shall, notwithstanding registration, be fraudulent and void in like manner.

• (2) Any entry, erasure or alteration in the register made by fraud shall be void as between all parties or privies to the fraud.

31. Conclusiveness of register.

31.—(1) The register shall be conclusive evidence of the title of the owner to the land as appearing on the register and of any right, privilege, appurtenance or burden as appearing thereon; and such title shall not, in the absence of actual fraud, be in any way affected in consequence of such owner having notice of any deed, document, or matter relating to the land; but nothing in this Act shall interfere with the jurisdiction of any court of competent jurisdiction based on the ground of actual fraud or mistake, and the court may upon such ground make an order directing the register to be rectified in such manner and on such terms as it thinks just.

• (2) The validity of registration of ownership of unregistered land shall not be affected by reason that the person thereby shown to be registered as owner was then dead and any person who proves to the satisfaction of F44[the Authority] that he is entitled to the land may be registered as owner thereof.

32. Rectification of errors in registration.

F45[32.—(1) Where any error originating in the Land Registry (whether of misstatement, misdescription, omission or otherwise, and whether in a register or registry map) occurs in registration—

• (a) the Authority may, with the consent of the registered owner of the land and of such other persons as may appear to be interested, rectify the error upon such terms as may be agreed to in writing by the parties,

• (b) the Authority may, if of opinion that the error can be rectified without loss to any person, rectify the error after giving such notices as may be prescribed,

• (c) the court, if of opinion that the error can be rectified without injustice to any person, may order the error to be rectified upon such terms as to costs or otherwise as it thinks just.]

• (2) F46[…]

• (3) F46[…]

Freehold Land

33. Classes of title which may be registered.

F47[33.— (1) On registration of the ownership of unregistered freehold land, a person may be registered with an absolute title, a qualified title or a possessory title.

• (2) An application for registration may be made by such person, and shall be in such form and accompanied by such evidence of title, as may be prescribed.

• (3) The application shall be for registration with an absolute title, a qualified title or a possessory title.

• (4) The applicant shall be registered as owner with an absolute title where the title is approved by the Authority.

• (5) The applicant may be registered as owner with a qualified title where—

• (a) it appears to the Authority that the title can be established only for a limited period or only subject to certain reservations, and

• (b) the Authority, by an entry in the register, excepts from the effect of registration any right—

• (i) arising before a specified date,

• (ii) arising under a specified instrument, or

• (iii) otherwise particularly described in the register.

• (6) The applicant may be registered as owner with a possessory title on giving such evidence of title as may be prescribed.

• (7) If, on an application for registration under this section, the Authority is not satisfied that the grant of the title applied for would be warranted or appropriate, it may, subject to subsection (8), register the applicant as owner with such one of the other titles provided for in this section as it considers would be warranted or appropriate.

• (8) Where registration of ownership is not compulsory, the Authority may not—

• (a) on an application for registration with an absolute title, register the applicant as owner with a qualified title without the applicant’s consent, or

• (b) on an application for registration with a title other than a possessory title, register the applicant as owner with a possessory title without such consent.]

34. Registration of burdens.

34.—On first registration of ownership of freehold land, F48[the Authority] shall enter on the register all burdens which appear on examination of the title to affect the land, except those to which, though not registered, the land is subject by virtue of section 72.

35. Registration subject to, or free from, equities.

35.—Where, immediately before the commencement of this Act, the registration of ownership of freehold land was noted as being subject to any rights or equities, pursuant to subsection (3) of section 29 of the Act of 1891, the title to the land shall be deemed to be a possessory title. Where it was not so noted, the title shall, subject to section 36, be deemed to be an absolute title.

36. Effect of previous registration with qualified or possessory title.

36.—Where, immediately before the commencement of this Act, the registration of ownership of freehold land was with a qualified or possessory title, the title to the land shall be deemed to be a qualified or possessory title, as the case may be, within the meaning of this Act.

37. Effect of registration with absolute title.

37.—(1) On registration of a person as full owner of freehold land with an absolute title, an estate in fee simple in the land, together with all implied or express rights, privileges and appurtenances belonging or appurtenant thereto, shall vest in the person so registered.

• (2) F49[…]

• (3) F50[…] the estate of the registered owner shall be subject to—

• (a) the burdens, if any, registered as affecting the land, and

• (b) the burdens to which, though not registered, the land is subject by virtue of section 72,

but shall be free from all other rights, including rights of the State.

• (4) If the registered owner holds the land as trustee, nothing in this section shall affect his duties or liabilities as such trustee.

38. Effect of registration with possessory title.

38.—(1) The registration of a person as first registered F51[…] owner of freehold land with a possessory title shall not affect or prejudice the enforcement of any right adverse to or in derogation of the title of that person and subsisting or capable of arising at the time of registration, but, save as aforesaid, shall have the same effect as registration with an absolute title.

• (2) “Right” in subsection (1) includes any rights or equities existing by reason of the interest of such owner being deemed to be a graft upon his previous interest in the land, and a reference in any other enactment to land registered subject to equities shall include land the registration of which is subject to any such rights or equities by virtue of that subsection.

39. Effect of registration with qualified title.

39.—The registration of a person as first registered F52[…] owner of freehold land with a qualified title shall have the same effect as registration with an absolute title, save that registration with a qualified title shall not affect or prejudice the enforcement of any right appearing by the register to be excepted.

Leasehold Interests

40. Classes of title which may be registered.

F53[40.— (1) On registration of the ownership of an unregistered leasehold interest, a person may be registered with an absolute title, a good leasehold title, a qualified title or a possessory title.

• (2) An application for registration may be made by such person, and shall be in such form and accompanied by such evidence of title, as may be prescribed.

• (3) The application shall be for registration with an absolute title, a good leasehold title, a qualified title or a possessory title.

• (4) The applicant shall be registered as owner with an absolute title where the title to the leasehold interest, the freehold estate and any intermediate leasehold interest is approved by the Authority.

• (5) The applicant shall be registered as owner with a good leasehold title where the title to the leasehold interest is approved by the Authority.

• (6) The applicant may be registered as owner with a qualified title where—

• (a) it appears to the Authority that the title, either of the lessor to the reversion or of the lessee to the leasehold interest, can be established only for a limited period or only subject to certain reservations, and

• (b) the Authority, by an entry in the register, excepts from the effect of registration any right—

• (i) arising before a specified date,

• (ii) arising under a specified instrument, or

• (iii) otherwise particularly described in the register.

• (7) The applicant may be registered as owner with a possessory title on giving such evidence of title as may be prescribed.

• (8) If, on an application for registration under this section, the Authority is not satisfied that the grant of the title applied for would be warranted or appropriate, it may, subject to subsection (9), register the applicant as owner with such one of the other titles provided for in this section as it considers would be warranted or appropriate.

• (9) Where registration of ownership of title is not compulsory, the Authority may not—

• (a) on an application for registration with an absolute title or a good leasehold title, register the applicant as owner with a qualified title without the applicant’s consent, or

• (b) on an application for registration with a title other than a possessory title, register the applicant as owner with a possessory title without such consent.]

41. Registration of burdens.

41.—On first registration of ownership of a leasehold interest, F54[the Authority] shall enter on the register all burdens which appear on examination of the title to affect the interest, except those to which, though not registered, the interest is subject by virtue of section 72.

42. Previous registration with, and without, note as to lessor’s title.

42.—Where, immediately before the commencement of this Act, the registration of ownership of a leasehold interest contained a note to the effect that the title of the lessor to make the lease had been investigated and found to be good and valid, the title to the leasehold interest shall be deemed to be an absolute title. Where there is no such note, the title shall, subject to section 43, be deemed to be a good leasehold title.

43. Effect of previous registration with qualified or possessory title.

43.—Where, immediately before the commencement of this Act, the registration of ownership of a leasehold interest was with a qualified or possessory title, the title to the land shall be deemed to be a qualified or possessory title, as the case may be, within the meaning of this Act.

44. Effect of registration with absolute title.

44.—(1) On registration of a person as full owner of a leasehold interest with an absolute title, the leasehold interest, together with all implied or express rights, privileges and appurtenances attached to it, shall vest in the person so registered.

• (2) F55[…]

• (3) F56[…] the interest of the registered owner shall be subject to—

• (a) the burdens, if any, registered as affecting the interest,

• (b) the burdens to which, though not registered, the interest is subject by virtue of section 72, and

• (c) all implied and express covenants, obligations and liabilities incident to the registered interest,

but shall be free from all other rights, including rights of the State.

• (4) If the registered owner holds the interest as trustee, nothing in this section shall affect his duties or liabilities as such trustee.

45. Effect of registration with good leasehold title.

45.—The registration of a person as first registered F57[…] owner of a leasehold interest with a good leasehold title shall not affect or prejudice the enforcement of any right adverse to or in derogation of the title of the lessor to grant the lease, but, save as aforesaid, shall have the same effect as registration with an absolute title.

46. Effect of registration with possessory title.

46.—The registration of a person as first registered F58[…] owner of a leasehold interest with a possessory title shall not affect or prejudice the enforcement of any right (whether in respect of the lessor’s title or otherwise) adverse to or in derogation of the title of that person and subsisting or capable of arising at the time of registration but, save as aforesaid, shall have the same effect as registration with an absolute title.

47. Effect of registration with qualified title.

47.—The registration of a person as first registered F59[…] owner of a leasehold interest with a qualified title shall not affect or prejudice the enforcement of any right appearing by the register to be excepted, but, save as aforesaid, shall have the same effect as registration with an absolute title or a good leasehold title, as the case may be.

48. Transfer of land from leasehold to freehold register.

48.—Where a registered leasehold interest is converted under the provisions of any Act into a fee farm grant or grant in perpetuity, F60[the Authority] shall note on the register in the prescribed manner the fact of such conversion, and provision shall be made by general rules for the transfer, on the prescribed examination of title, of land from the register of owners of leasehold interests to the register of owners of freehold land, but, until such transfer is made, the registered owner of the leasehold interest shall not, under the provisions of this Act, have any further or other title to the land than he would have had if the leasehold interest had not been so converted.

Title under Statute of Limitations

49. Registration of title acquired by possession.

49.—(1) Subject to the provisions of this section, the Statute of Limitations, 1957, shall apply to registered land as it applies to unregistered land.

• (2) Where any person claims to have acquired a title by possession to registered land, he may apply to F61[the Authority] to be registered as owner of the land and F61[the Authority], if satisfied that the applicant has acquired the title, may cause the applicant to be registered as owner of the land with an absolute, good leasehold, possessory or qualified title, as the case may require, but without prejudice to any right not extinguished by such possession.

• (3) Upon such registration, the title of the person whose right of action to recover the land has expired shall be extinguished.

• (4) Section 24 of the Statute of Limitations, 1957, is hereby amended by the substitution, for “section 52 of the Act of 1891”, of “section 49 of the Registration of Title Act, 1964”.

49A. F62[Registration of easements and profits à prendre in certain cases.

49A.— F63[(1) Where a person claims to be entitled to an easement or profit à prendre by prescription, the person may apply to the Authority and the Authority, if satisfied that there is such an entitlement to the easement or profit à prendre may, subject to subsections (2) and (3), cause it, as may be appropriate, to be—

• (a) registered as a burden under section 69(1)(jj), or

• (b) entered in the register pursuant to section 82 or, in the case of a profit à prendre in gross, in the register of ownership maintained under section 8(b)(i), or both.]

• (2) Subsection (1) applies only in relation to claims in respect of which—

• (a) the land benefited by the easement or profit à prendre, to which other land is subject, is registered land, or

• (b) the claim is made as part of an application for first registration of that land.]

• F64[(3) Subsection (2) shall not apply to profits à prendre in gross.]

Conversion of Registered Title

50. Conversion of registered title into absolute or good leasehold.

50.—(1) In the case of land which is registered with a qualified, good leasehold or possessory title, F65[the Authority] may, either on F66[its] own initiative or on an application by the registered owner or other person entitled, if F66[it] is satisfied as to the title, register the title as absolute or good leasehold, as the case may require or admit.

• (2) The following provisions shall apply to registered land, other than land registered pursuant to subsection (1) of section 23 of the Act of 1891 or section 26 of this Act:

• (a) where the title registered is possessory, an application for the registration of a transfer for valuable consideration or other disposition for value shall, subject to any provisions to the contrary which may be prescribed, be accompanied by all the documents of or relating to the title (including contracts, abstracts, counsel’s opinions, requisitions and replies, and other like documents) in the applicant’s possession or under his control, together with such affidavit as may be prescribed; and where the title registered is qualified, the application shall be accompanied by such documents, if any, as may relate to the matters excepted from the effect of registration, together with such affidavit as may be prescribed;

• (b) in any case to which paragraph (a) applies, F65[the Authority] may refuse or postpone the registration until all the required documents have been submitted to F66[it];

• (c) where the land has been registered for fifteen years, with a possessory title, F65[the Authority] shall, in any case to which paragraph (a) applies, if satisfied that the registered owner is in possession and after giving such notices, if any, as may be prescribed, register the title as absolute in the case of freehold land or as good leasehold in the case of leasehold land.

• (3) The following provisions shall apply to land registered pursuant to subsection (1) of section 23 of the Act of 1891 or section 26 of this Act—

• (a) where the title registered is or is deemed to be possessory and the ownership of the land has been registered for more than thirty years, F65[the Authority] may, on the registration of a disposition or transmission on death, if satisfied from the entries in the register or otherwise that no right adverse to or in derogation of the title of the registered owner and protected by the possessory title subsists, register the title as absolute;

• (b) where—

• (i) the title registered is or is deemed to be possessory, and

• (ii) the ownership of the land has been registered for more than twelve years, and

• (iii) an application is made for the registration of a transfer for valuable consideration or other disposition for value, and

• (iv) a registered transfer for valuable consideration has been made after the first registration of the land but not less than twelve years prior to the application,

F65[the Authority] may, if satisfied from the entries in the register or otherwise that no right adverse to or in derogation of the title of the registered owner and protected by the possessory title subsists, register the title as absolute;

• (c) F65[the Authority] may, in any case to which paragraph (b) applies, require the applicant to produce such evidence of the title as F65[the Authority] thinks proper and F66[it] may refuse or postpone the registration until F66[its] requirements have been complied with.

• (4) If any claim adverse to the title of the owner has been made, registration under this section shall not be made unless and until the claim has been disposed of.

• (5) Where a person other than the owner suffers loss by reason of any registration under this section, section 120 shall have effect as if an error had been made originating in the Land Registry.

Transfers

51. Transfer of registered land.

51.—(1) F67[A] registered owner of land may transfer the land or any part thereof, and the transferee shall be registered as owner of the land transferred.

• (2) There shall be executed on the transfer an instrument in the prescribed form, F68[…] but until the transferee is registered as owner of the land transferred, that instrument shall not operate to transfer the land.

• F69[(2A) In this section “transfer” includes “lease”, and cognate words shall be construed accordingly.]

• (3) F70[…]

• (4) F70[…]

52. Effect of transfer of freehold land with absolute title.

52.—(1) On the registration of a transferee of freehold land as full owner with an absolute title, the instrument of transfer shall operate as a conveyance by deed within the meaning of the Conveyancing Acts, and there shall be vested in the registered transferee an estate in fee simple in the land transferred, together with all implied or express rights, privileges and appurtenances belonging or appurtenant thereto, subject to—

• (a) the burdens, if any, registered as affecting the land, and

• (b) the burdens to which, though not so registered, the land is subject by virtue of section 72,

but shall be free from all other rights, including rights of the State.

• (2) Where, however, the transfer is made without valuable consideration, it shall, so far as concerns the transferee and persons claiming under him otherwise than for valuable consideration, be subject to all unregistered rights subject to which the transferor held the land transferred.

• (3) F71[…]

53. Effect of transfer of freehold land with possessory title.

53.—In the case of freehold land registered with a possessory title, a transfer of the land shall not affect or prejudice the enforcement of any right adverse to or in derogation of the title of the first registered owner and subsisting or capable of arising at the time of the registration of such owner, including any rights or equities existing by reason of the interest of such owner being deemed to be a graft upon his previous interest in the land, but, save as aforesaid, such transfer shall, when registered, have the same effect as if the land were registered with an absolute title.

54. Effect of transfer of freehold land with qualified title.

54.—In the case of freehold land registered with a qualified title, a transfer of the land shall, when registered, have the same effect as it would have had if the land had been registered with an absolute title, save that such transfer shall not affect or prejudice the enforcement of any right appearing by the register to be excepted.

55. Effect of transfer of leasehold interest with absolute title.

55.—(1) On the registration of a transferee of a leasehold interest as full owner with an absolute title, the instrument of transfer shall operate as a conveyance by deed within the meaning of the Conveyancing Acts, and there shall vest in the registered transferee the leasehold interest so transferred, together with all implied or express rights, privileges and appurtenances attached to it, subject to—

• (a) the burdens, if any, registered as affecting the interest,

• (b) the burdens to which, though not registered, the interest is subject by virtue of section 72, and

• (c) all implied and express covenants, obligations and liabilities incident to the interest transferred,

but free from all other rights, including rights of the State.

• (2) Where, however, the transfer is made without valuable consideration, it shall, so far as concerns the transferee and persons claiming under him otherwise than for valuable consideration, be subject to all unregistered rights subject to which the transferor held the interest transferred.

• (3) F72[…]

56. Effect of transfer of leasehold interest with good leasehold title.

56.—In the case of a leasehold interest registered with a good leasehold title, a transfer of the interest shall, when registered, have the same effect as it would have had if the interest had been registered with an absolute title, save that it shall not affect or prejudice the enforcement of any right affecting or in derogation of the title of the lessor to grant the lease.

57. Effect of transfer of leasehold interest with possessory title.

57.—In the case of a leasehold interest registered with a possessory title, a transfer of the interest shall not affect or prejudice the enforcement of any right (whether in respect of the lessor’s title or otherwise) adverse to or in derogation of the title of the first registered owner and subsisting or capable of arising at the time of the registration of that owner but, save as aforesaid, the transfer shall, when registered, have the same effect as it would have had if the interest had been registered with an absolute title.

58. Effect of transfer of leasehold interest with qualified title.

58.—In the case of a leasehold interest registered with a qualified title, a transfer of the interest shall, when registered, have the same effect as it would have had if the interest had been registered with an absolute title, save that the transfer shall not affect or prejudice the enforcement of any right (whether in respect of the lessor’s title or otherwise) appearing by the register to be excepted.

59. Saving of consent to alienation, etc.

59.—(1) Nothing in this Act shall affect the provisions of any enactment by which the alienation, assignment, subdivision or sub-letting of any land is prohibited or in any way restricted.

• (2) It shall be the duty of F73[the Authority] to note upon the register in the prescribed manner the prohibitive or restrictive provisions of any such enactment; but such provisions shall be, though not registered, burdens on the land under section 72.

60. Defeasance of registered owner’s estate.

60.—(1) In case of the defeasance of the estate or interest of a registered owner of land, that is to say, where—

• (a) under a power of sale conferred by a mortgage effected before the first registration of the land, or

• (b) under a deed poll executed in pursuance of the Lands Clauses Acts or in pursuance of any statutory provision to the same effect, or

• (c) under a sale in execution of any judgment or order of a court, or

• (d) under a power of appointment, or

• (e) under a vesting order, or

• (f) under any enactment, or

• (g) in any other case not provided for by this Act, and which may be prescribed,

the ownership of the land passes to another person otherwise than by transfer from the registered owner or from his personal representatives, then, subject to general rules, F74[the Authority] shall, on the application of that person and on production of the prescribed evidence, register him as owner of the land.

• (2) Unless F74[the Authority] is satisfied that the application is made with the concurrence of the registered owner or, in case of his death, F75[…] of his personal representatives, F75[…] F74[the Authority] shall, subject to general rules, before registering the applicant as owner of the land, give notice of the application to the registered owner or, in case of his death, F75[…] to his personal representatives F75[…] and F74[the Authority] may, if F76[it] thinks fit, decline to register the applicant as owner of the land, except in pursuance of an order of the court.

Transmissions

61. Transmission of registered land from limited owner and on death.

61.— (1)F77[…]

• (2) On the death of a sole registered full owner of land, or of the survivor of several registered full owners of land not being registered as tenants in common, (which owner or survivor is in the succeeding provisions of this section referred to as the deceased owner), the personal representatives of the deceased owner shall alone be recognised by F78[the Authority] as having any rights in respect of the land, and any registered dispositions by them shall have the same effect as if they were the registered owners of the land.

• F79[(3)
• (a) An application for registration made by a person who claims to be by law entitled to the land of a deceased registered full owner, accompanied by an assent or transfer by the personal representative in the prescribed form, shall authorise F78[the Authority] to register such person as F80[…] owner of the land F80[…].

• (b) F77[…]

• (c) It shall not be the duty of F78[the Authority], nor shall F81[it] be entitled, to call for any information as to why any assent or transfer is or was made and F81[it] shall be bound to assume that the personal representative is or was acting in relation to the application, assent or transfer correctly and within F81[its] powers.]

• (4) Where a person is registered as the F80[…] owner of land under subsection (3), the costs incurred in connection with the registration shall be borne by that person.

• (5) Where the High Court or the Circuit Court makes an order under subsection (4) of section 20 of the Administration of Estates Act, 1959, vesting registered land in any person, it may also order that that person be registered as owner of that land.

• (6)
• (a) Nothing in this Act or in the Administration of Estates Act, 1959, shall operate to require F78[the Authority] to register as the owner of land a person in his capacity as personal representative.

• (b) F78[The Authority] may enter on the register a note setting out the fact of the death of a registered owner of land and the names of his personal representatives.

• (7) Where, on the application of any person claiming to be registered as owner of registered land in succession to a deceased full owner of such land, the court is satisfied—

• (a) that at least six years have elapsed since the death of the deceased full owner, and

• (b) that the personal representatives of such owner are dead or out of the jurisdiction,

the court may, if it thinks fit, notwithstanding anything in the Administration of Estates Act, 1959, or this Act, dispense the applicant from the necessity of raising representation to the deceased full owner or of giving notice to his personal representatives and may order that the applicant be registered as owner of the land.

• (8) Subsections (2) to (6) apply only in cases of death on or after the 1st day of June, 1959.

• (9) Subsection (2) of section 37 of the Act of 1891, as amended by section 27 of and the Second Schedule to the Registration of Title Act, 1942, shall continue to apply in cases of death before the 1st day of June, 1959, notwithstanding the repeal of those provisions.

Charges

62. Creation and effect of charge on registered land.

62.—(1) A registered owner of land may, subject to the provisions of this Act, charge the land with the payment of money either with or without interest, and either by way of annuity or otherwise, and the owner of the charge shall be registered as such.

• (2) There shall be executed on the creation of a charge, otherwise than by will, an instrument of charge in the prescribed form F82[…] but, until the owner of the charge is registered as such, the instrument shall not confer on the owner of the charge any interest in the land.

• (3) F83[…]

• (4) Any power, howsoever conferred, to borrow or lend money on the security of a mortgage shall be construed as including power to do so on the security of a registered charge.

• (5) F84[…]

• (6) On registration of the owner of a charge on land for the repayment of any principal sum of money with or without interest, the instrument of charge shall operate as a F85[legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009], and the registered owner of the charge shall, for the purpose of enforcing his charge, have all the rights and powers of a mortgagee F85[under such a mortgage], including the power to sell the estate or interest which is subject to the charge.

• (7) F83[…]

• (8) F83[…]

• (9) If the registered owner of a charge on land sells the land in pursuance of the powers referred to in subsection (6), his transferee shall be registered as owner of the land, and thereupon the registration shall have the same effect as registration on a transfer for valuable consideration by a registered owner.

• (10) When a transferee from the registered owner of the charge is registered, under subsection (9), as owner of the land, the charge and all estates, interests, burdens and entries puisne to the charge shall be discharged.

• (11) When it is expressed in the instrument of charge that any person covenants for repayment of the principal sum charged, there shall be implied a covenant by that person with the registered owner for the time being of the charge to pay the sum charged and interest (if any) thereon at the time and rate specified in the instrument of charge, and also a covenant, if the sum or any part thereof is unpaid at the time so specified, to pay interest half-yearly at the specified rate on so much of the principal sum as for the time being remains unpaid.

63. Saving for mortgages registered as charges.

63.—(1) A charge registered prior to the commencement of this Act shall not be void or be deemed ever to have been void—

• (a) by reason only that it was expressed to have been created by way of mortgage, or

• (b) by reason only that the consent of the Land Commission or the Commissioners of Public Works or such other consent as may be provided for by any enactment was not obtained to any demise or sub-demise expressed to have been created by any such mortgage;

and the registration of the charge as a burden on registered land shall not be invalid or be deemed ever to have been invalid for either of these reasons.

• (2) In this section “mortgage” includes both a mortgage by demise or sub-demise and a mortgage by conveyance or assignment with a proviso for redemption.

64. Transfer of charge.

64.—(1) The registered owner of a charge may transfer the charge to another person as owner thereof, and the transferee shall be registered as owner of the charge.

• (2) There shall be executed on the transfer of a charge an instrument of transfer in the prescribed form, F86[…] but until the transferee is registered as owner of the charge, that instrument shall not confer on the transferee any interest in the charge.

• (3) F87[…]

• (4) On registration of the transferee of a charge, the instrument of transfer shall operate as a conveyance by deed within the meaning of the Conveyancing Acts, and the transferee shall—

• (a) have the same title to the charge as a registered transferee of land under this Act has to the land, under a transfer for valuable consideration or without valuable consideration, as the case may be; and

• (b) have for enforcing his charge the same rights and powers in respect of the land as if the charge had been originally created in his favour.

65. Discharge of registered charge.

65.—(1) F88[The Authority] shall note on the register the satisfaction of a registered charge or of any part of such a charge on registered land, or of the release of any part of registered land from a registered charge, either at the request of the registered owner of the charge, or on proof in such manner as is hereinafter mentioned, or in such other manner as may be prescribed, and thereupon the charge shall to the extent so noted cease to operate.

• (2) For the purposes of this section, the receipt of the registered owner for the time being of a charge shall be sufficient proof of the satisfaction of the charge, or of any part of the charge, and a release signed by the registered owner for the time being of a charge shall be sufficient proof of the release of any part of registered land subject to that charge.

66. Transmission, etc., of charge.

66.—The provisions of this Act with respect to the transmission of registered land and the defeasance of the estate or interest of the registered owner shall apply, with the prescribed modifications, to transmissions and defeasances in the case of registered charges on land.

67. Restriction on custody of land certificate by registered owner of a charge.

67.—(1) The registered owner of a charge shall not, merely by reason of his being such owner, be entitled to the possession of the land certificate in respect of the registered land which is subject to the charge.

• (2) Every stipulation in relation to a registered charge on land (whether made before or after the creation of the charge) whereby the custody of the land certificate in respect of such land is to be given to the registered owner of such charge shall be void.

Other Interests in Registered Land

68. Creation and effect of subordinate rights and interests.

68.—(1) Subject to the provisions of this Act, the registered owner of land shall alone be entitled to transfer or charge the land by registered disposition, and the registered owner of a charge shall alone be entitled to transfer the charge by registered disposition.

• (2) Nothing in this Act shall prevent a person from creating any right in or over any registered land or registered charge, but all such rights shall be subject to the provisions of this Act with respect to registered transfers of land or charges for valuable consideration.

• (3) An unregistered right in or over registered land (not being a burden to which the land is subject by virtue of section 72) shall not affect the registered owner of a charge created on the land for valuable consideration.

69. Burdens which may be registered as affecting registered land.

69.—(1) There may be registered as affecting registered land any of the following burdens, namely—

• (a) any incumbrance on the land existing at the time of the first registration of the land;

• (b) any charge on the land duly created after the first registration of the land;

• (c) any rentcharge (not being a rentcharge to which, though not registered, the land is subject under section 72) or fee farm or other perpetual rent issuing out of the land;

• (d) any power to charge land with payment of money, whether created or arising before or after the first registration of the land;

• (e) any trust for securing money created or arising after the first registration of the land;

• (f) any lien on the land for unpaid purchase money;

• (g) any lease where the term granted is for a life or lives, or is determinable on a life or lives, or exceeds twenty-one years F89[(or such other period as may be prescribed)], or where the term is for any less estate or interest but the occupation is not in accordance with the lease;

• (h) any judgment or order of a court, whether existing before or after the first registration of the land;

• (i) any judgment mortgage, recognizance, State bond, inquisition or lis pendens, whether existing before or after the first registration of the land;

• (j) any easement, profit à prendre or mining right created by express grant or reservation after the first registration of the land;

• F90[(jj) any easement or profit à prendre where the Authority is satisfied, pursuant to section 49A, that there is an entitlement to such an easement or profit à prendre;]

• (k) any covenant or condition relating to the use or enjoyment of the land or of any specified portion thereof;

• F91[(kk) a freehold covenant within the meaning of section 48 of the Land and Conveyancing Law Reform Act 2009;]

• (l) any estate in dower;

• (m) any burden to which section 54 of the Forestry Act, 1946, relates;

• (n) any right of the Land Commission or a local authority to lay pipe-lines for whatsoever purpose and any right ancillary thereto;

• (o) a power to appoint an estate or interest in the property exercisable within a period not exceeding a life or lives in being and twenty-one years thereafter;

• (p) a power of distress or entry;

• (q) a right in the nature of a lien for money’s worth in or over the property for a limited period not exceeding life, such as a right of support or a right of residence (whether an exclusive right of residence or not);

• (r) a burden created by statute or under a statutory power that is not one of the burdens to which, though not registered, registered land is subject under section 72;

• F92[(rr) a judgment opening the proceedings referred to in Article 3(1) of Council Regulation (EC) No 1346/2000 ¹ of 29 May 2000 on insolvency proceedings,]

• F93[(rr) an agreement under section 18 of the Wildlife Act, 1976, which provides that it shall be enforceable against persons deriving title to the relevant land under a party to the agreement;]

• F94[(rrr) an order under section 18(1) of the Wildlife (Amendment) Act, 2000;]

• (s) any such other matter as may be prescribed.

• (2) A burden may be registered under this section on the application of the registered owner of the land or of any person entitled to or interested in the burden but, if the application is made without the concurrence of the registered owner of the land or such other person as may be prescribed, the burden shall not be registered except in pursuance of an order of the court.

• (3) Any covenant or condition registered under this section may be modified or discharged by order of the court on proof to the satisfaction of the court that the covenant or condition does not run with the land, or is not capable of being enforced against the owner of the land, or that the modification or discharge thereof will be beneficial to the persons principally interested in the enforcement thereof, and may, with the consent of all persons interested in the enforcement thereof, be modified or discharged by F95[the Authority] without any such order.

• (4) F95[The Authority] may, on the prescribed evidence and subject to the prescribed conditions, modify or cancel any entry under this section of a burden not being such a covenant or condition as aforesaid.

70. Registration of ownership of burdens.

70.—The ownership of such of the burdens capable of being registered under section 69 as may be preescribed shall, on such registration, be registered in such register maintained under this Act as may be appropriate.

71. Registration of judgment mortgages.

F96[71.— (1) Application for registration of a judgment mortgage under section 116 of the Land and Conveyancing Law Reform Act 2009 shall, in the case of registered land, be in such form and in such manner as may be prescribed.

• (2) Registration under subsection (1) shall operate to charge the estate or interest of the judgment debtor subject to—

• (a) the burdens, if any, registered as affecting that estate or interest,

• (b) the burdens to which, though not so registered, that estate or interest is subject by virtue of section 72,

• (c) all unregistered rights subject to which the judgment debtor held that estate or interest at the time of registration,

and with the effect stated in section 117 of the said 2009 Act. ]

72. Burdens which are without registration to affect registered land.

72.—(1) Subject to subsection (2), all registered land shall be subject to such of the following burdens as for the time being affect the land, whether those burdens are or are not registered, namely—

• (a) estate duty, succession duty, former crown rents, tithe rentcharges and payments in lieu of tithe or tithe rentcharge;

• (b) land improvement charges and drainage charges;

• (c) annuities or rentcharges for the repayment of advances made under the provisions of any of the Land Purchase Acts on account of purchase money;

• (d) rights of the Land Commission or of any person under a vesting order, vesting fiat, final list or transfer order made or published under the Land Purchase Acts;

• (e) rights of the Land Commission upon the execution of an order for possession issued under section 37 of the Land Act, 1927;

• (f) rights of the public or of any class of the public;

• (g) customary rights, franchises and liabilities arising from tenure;

• (h) easements and profits à prendre, unless they are respectively created by express grant or reservation after the first registration of the land;

• F97[(hh) any wayleave which is a wayleave to which this section applies;]

• (i) tenancies created for any term not exceeding twenty-one years F98[(or such other period as may be prescribed)] or for any less estate or interest, in cases where there is an occupation under such tenancies;

• (j) the rights of every person in actual occupation of the land or in receipt of the rents and profits thereof, save where, upon enquiry made of such person, the rights are not disclosed;

• (k) in the case of land registered with a possessory, qualified or good leasehold title, all rights excepted from the effect of registration;

• (l) a perpetual yearly rent (in this section referred to as the superior rent) which is superior to another such rent (in this section referred to as the registered rent) registered as a burden on registered land and which, as between the said registered land and the registered rent, is primarily payable out of the registered rent in exoneration of such land;

• (m) the covenants and conditions contained in the deed or other document creating the superior rent, in so far as those covenants and conditions affect such land;

• (n) a purchase annuity payable in respect of a cottage which is the subject of a vesting order under the Labourers Act, 1936;

• (o) restrictions imposed by section 21 of the Labourers Act, 1936, on the mortgaging or charging of cottages purchased under that Act;

• (p) rights acquired or in course of being acquired under the Statute of Limitations, 1957;

• (q) burdens to which section 59 or 73 applies.

• F99[(r) covenants which continue in force by virtue of section 28 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978]

• (2) Where it is proved to the satisfaction of F100[the Authority] that any land registered or about to be registered is exempt from, or has ceased to be subject to, any estate duty, succession duty, former crown rent, tithe rentcharge, payment in lieu of tithe or tithe rentcharge, land improvement charge, drainage charge or annuity or rentcharge for the repayment of any advance made on account of purchase money as hereinbefore is mentioned, F100[the Authority] may enter on the register notice of the fact.

• (3) Where the existence of any such burdens is proved to the satisfaction of F100[the Authority], F101[it] may, with the consent of the registered owner or applicant for registration, or in pursuance of an order of the court, enter notice thereof on the register.

F97[(4)This section applies to any wayleave on, over or beneath the surface of land which—

• F102[(a) pursuant to an agreement in writing is granted to or by the Irish Gas Board or a relevant person (within the meaning of section 20 of the Gas (Amendment) Act, 2000), or pursuant to an acquisition order within the meaning of the Gas Act, 1976, is granted to that Board or such a person, and]

• F103[(b) is intended to be used, or is used, in providing either or both of the following:

• (i) a pipeline for the transmission of gas;

• (ii) ducts, cables, pipes or conduits for any other purpose where such purpose is expressed in an agreement described in paragraph (a) (whether such agreement is made before or after the coming into operation of section 33 of the Energy Act 2016),

and]

• (c) in case the wayleave is granted under such an agreement, under the agreement it is to be enforceable against persons deriving title to the land under a party to the agreement.]

73. Mines, minerals, and mining rights.

73.—(1) A person may be registered as owner of land with or without all or any of the mines and minerals therein, or as owner of any mines and minerals.

• (2) A person registered as owner of land shall not, merely by virtue of such registration, be deemed to be owner of the mines and minerals therein.

• (3) Where a person is registered as owner of land, but the registration does not extend to all the mines and minerals therein, all such powers of working, way leaves or rights of way, rights of water and drainage and other powers, easements, rights and privileges for or incident to or connected with mining purposes, as are for the time being subsisting over the land, and are not created by express grant or reservation after the first registration of the land, shall be, though not registered, burdens on the land under section 72.

74. Priority of registered burdens.