Registration of Title Act , 1964

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 bysection 3of the Land and Conveyancing Law Reform Act 2009;]

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

F3["land" has the meaning given to it bysection 3of 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 Annotations Amendments: F12 Substituted (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 4(2), S.I. No. 511 of 2006.

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.]

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.

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[…]

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

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 insubsection (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.