REGISTRATION OF TITLE ACT, 1964

74.—Subject to any entry to the contrary on the register, burdens which are registered as affecting the same land, and which if unregistered would rank in priority according to the date of their creation, shall, if created or arising since the first registration of the land, rank according to the order in which they are entered on the register and not according to the order in which they are created or arise, and shall rank in priority to any other burden affecting the land and created or arising since the first registration of the land, not being a burden to which, though not registered, the land is subject under section 72.

75. Priority of registered charge for future advances.

75.—(1) Where a registered charge is expressed to be created on any land for the purpose of securing future advances (whether with or without present advances), the registered owner of the charge shall be entitled in priority to any subsequent charge to the payment of any sum due to him in respect of such future advances, except any advances which may have been made after the date of, and with express notice in writing of, the subsequent charge.

• (2) In this section “future advances” includes sums from time to time due on an account current, and all sums which by agreement or the course of business between the parties are considered to be advances on the security of the charge.

76. Power of charging to be exercised by registered charge.

76.—Where a power to charge registered land, or a trust for securing money on registered land, is registered as a burden on the land, it may be exercised or executed by the creation of a registered charge and not otherwise, and the person empowered under any such power or trust to charge the land with the payment of any money shall have the same power to create a registered charge on the land for that money as if he were the registered owner of the land, and the charge shall be entered in its proper priority.

77. Powers with respect to statutory charges.

77.—(1) Where a person has, under or by virtue of any enactment, a charge on registered land for the payment of any money, or a power to charge registered land with the payment of any money, he shall have the same power to create a registered charge on the land for that money as if he were the registered owner of the land.

• (2) Registration of a charge under this section shall have the same effect as, and make unnecessary, registration thereof in pursuance of any other enactment.

78. Term of years vested in trustee for raising money out of registered land.

78.—Where a term of years is vested, whether before or after the passing of this Act, in a trustee or other person for the purpose of raising money out of registered land, such vesting shall operate as a trust for securing money on registered land or as a power to charge registered land, as the case may be, and may be registered as a burden on such land, and, where so registered, may be exercised or executed by the creation of a registered charge and not otherwise and the person empowered in any such trust or power to charge the land with payment of any money shall have the same power to create a registered charge on the land for that money as if he were the registered owner of the land, and the charge shall be entered in its proper priority.

79. Term of years vested in trustee for raising money, or mortgage, prior to first registration.

79.—(1) Where, prior to the first registration of land, a term of years is vested, whether before or after the passing of this Act, in a trustee or other person for the purpose of raising money out of the land, such vesting shall, on the first registration of the land, operate as a trust for securing money on registered land or as a power to charge registered land, as the case may be, and may be registered as a burden on the land, and, where so registered, may be exercised or executed by the creation of a registered charge and not otherwise, and the person empowered in any such trust or power to charge the land with payment of any money shall have the same power to create a registered charge on the land for that money as if he were the registered owner of the land, and the charge shall be entered in its proper priority.

• (2) Where, prior to first registration, land has become subject to any mortgage, mortgage by demise or sub-demise or term of years to secure money actually raised, such mortgage, mortgage by demise or sub-demise or term of years shall, on the first registration of the land (if registered with an absolute, qualified or good leasehold title) or (if registered with a possessory title) on the conversion of the title into an absolute or good leasehold title, operate as a charge on the land and shall be registered only as a charge thereon.

80. Provisions as to incumbrances created or issued by company and not registered or protected.

80.—(1) Where a company registered under the Companies Act, 1963, is registered as owner of land registered under this Act or as owner of a registered charge, F104[the Authority] shall not be concerned with, and a person claiming under a registered disposition for valuable consideration shall not be affected by, any mortgage, charge, debenture, debenture stock, trust deed or other incumbrance created or issued by the company, unless such incumbrance is registered as a burden or protected by caution or inhibition under this Act.

• (2) No compensation shall be payable under section 120 by reason of a purchaser’s acquiring any interest under a registered transfer from the company free from any such incumbrance not so registered or protected.

81. Right of residence.

81.—A right of residence in or on registered land, whether a general right of residence on the land or an exclusive right of residence in or on part of the land, shall be deemed to be personal to the person beneficially entitled thereto and to be a right in the nature of a lien for money’s worth in or over the land and shall not operate to create any equitable estate in the land.

82. Note of rights appurtenant to land.

82.—Where, on an application by the registered owner or other person entitled, the existence of rights, privileges and appurtenances belonging, appurtenant or attached to registered land is proved to the satisfaction of F105[the Authority], F106[it] shall make an entry in the register showing the existence of such rights, privileges and appurtenances.

Register of Incorporeal Hereditaments and Other Rights

83. Register of ownership.

83.—Provision may be made by general rules for registration in the register provided for by paragraph (b) of section 8 and, where necessary, for adapting or applying, with or without modification, the provisions of this Act for the purposes of such registration.

84. F107[Registry maps.

84.— (1) Provision may be made by general rules—

• (a) for identifying on maps (in this Act referred to as ‘registry maps’) land whose ownership has been registered under this Act, and

• (b) for reference in the register to those maps.

• (2)
• (a) For the purposes of such registration—

• (i) F108[the Authority], in respect of the period before the commencement of section 61 of the Registration of Deeds and Title Act 2006, is deemed to have had power in any particular case to adopt any map which F108[the Authority] considered satisfactory, and

• (ii) on such commencement, the Authority may in any particular case adopt any map which it considers satisfactory.

• (b) For the purposes of this Act and the repealed enactments, any map so adopted is, and is deemed always to have been, a registry map.

• (3) A registry map shall be in such form, including an electronic or other non-legible form which is capable of conversion into a permanent legible form, as may be prescribed.]

85. Description of registered land.

F109[85.— (1) Registered land shall be described and identified by reference to the registry maps concerned in such manner as may be prescribed.

• (2) Except as provided by this Act, neither the description of land in a register nor its identification by reference to a registry map is conclusive as to its boundaries or extent.]

86. Entry of boundaries in certain cases.

86.—Where the boundaries of any registered land have been ascertained and defined by any conveyance executed by any of the Commissioners for Sale of Incumbered Estates in Ireland, or of the judges of the Landed Estates Court, or of the Land Judges, under the provisions of any of the Landed Estates Court Acts, or of the Landlord and Tenant (Ireland) Act, 1870, or by any conveyance or vesting order executed or made by the Land Commission under any of the provisions of the Land Purchase Acts, in every such case F110[the Authority] may, if F111[it] thinks fit, after the prescribed notices, enter such boundaries on the register as conclusive, and they shall thereupon be conclusive upon all parties.

87. Entry of boundaries by agreement.

87.—(1) F112[The Authority] may at any time, on the application of the registered owners of adjoining lands, or of the registered owner of land and an owner of adjoining unregistered land, and on the prescribed conditions being complied with, settle and enter on the register as conclusive the boundaries between those lands or any parts thereof, with such alterations, if any, as may from time to time be agreed upon.

• (2) An entry in pursuance of this section shall be conclusive only as between the parties to the application and their respective successors in interest, and shall not operate to confirm the title to the lands the boundaries whereof are settled.

88. Settlement of boundaries on transfer.

88.—(1) On the transfer of part of any registered land, F113[the Authority], on the prescribed conditions being complied with, may enter on the register as conclusive the boundaries between the part transferred and the part not transferred.

• (2) If on any transfer of registered land any question arises as to the boundaries or extent of the land transferred, F113[the Authority] shall, on the application of the transferor or transferee, have jurisdiction to decide the question as between them, and for that purpose may, if it seems expedient, adopt the decision of any person agreed on by them or appointed by F113[the Authority].

89. Meaning of owner of unregistered land in regard to boundaries.

89.—For the purposes of the provisions of this Act with respect to boundaries, the owner of unregistered land is the person who is in possession thereof claiming to be entitled to the first estate of freehold or to a leasehold interest therein, or a receiver over such estate or interest appointed by a court of competent jurisdiction, and acting under the order of such court.

Supplementary Provisions

90. Powers of person entitled to be registered as owner of land or charge.

F114[90.— (1) This section applies to a person—

• (a) on whom the right to be registered as owner of registered land or a registered charge has devolved by reason of the death of the owner or the defeasance of the owner’s estate or interest or by reason of a transfer made in accordance with this Act or under a lease, and

• (b) who, before being registered as such owner, wishes to take any of the following actions in relation to the land or charge:

• (i) in the case of registered land—

• (I) transferring or charging it or any part of it,

• (II) creating a lien by deposit of the land certificate,

• (III) granting a lease,

• (IV) creating an easement or a profit à prendre, or

• (V) where the person is the Minister for Agriculture and Food, exercising any other rights of ownership, including enforcing the right to vacant possession,

or

• (ii) in the case of a registered charge—

• (I) transferring or charging it, or

• (II) creating a lien by deposit of the certificate of charge.

• (2) A person to whom this section applies may take any of the actions mentioned in subsection (1) in the like manner and with the same effect as if the person were the registered owner at the date of the action concerned, but subject to any burdens or rights affecting the person’s interest which would have been entered on the register if the person had become the registered owner and subject also to the provisions of this Act with regard to registered dealings for valuable consideration.]

91. Undivided shares and co-owners.

91.—(1) The owner of any one or more undivided shares in any land or a charge may be registered with the addition of the prescribed entries in the register for the purpose of showing the share which he holds in the land or charge.

• (2) Two or more persons may, in such manner and subject to such conditions as may be prescribed, be registered as owners of the same land or of a charge on land, and where two or more persons are so registered they shall be deemed to be joint tenants, unless there is an entry in the register to the effect that they are tenants in common.

• (3) On the registration of two or more persons as owners of the same land or of the same charge, an entry may, with their consent, be made in the register to the effect that, when the number of those owners is reduced below a certain specified number, no registered disposition of the land or charge is to be made except by order of the court.

• (4) On the registration of two or more persons as owners of the same land or of the same charge, if F115[the Authority] is satisfied that any number of those owners less than the whole are entitled to make a registered disposition of the land or charge, F116[it] shall make an entry in the register to that effect, and such number of those owners shall have power to make a registered disposition of the land or charge without an order of the court notwithstanding the foregoing provisions of this section.

92. Notice of trusts.

92.—(1) Subject to the provisions of this Act, notice of a trust shall not be entered in the register.

• (2) None of the following persons shall, by reason merely of the receipt by F117[the Authority] of an instrument relating to land for the purpose of a registration, be affected with notice of any trust contained in or arising out of matters contained in such instrument:

• (a) F117[the Authority];

• (b) a registered transferee for valuable consideration of the land;

• (c) a registered owner of a charge created for valuable consideration on the land;

• (d) a person claiming an interest created for valuable consideration in a registered burden on the land.

• (3) In this section “trust” includes express, implied and constructive trusts.

93. Discovery of instruments and facts affecting title.

93.—(1) Where—

• (a) an application is made for the registration of the owner of any land in respect of which an examination of title is required, or

• (b) F118[the Authority] has occasion, in the course of F119[its] duties, to investigate the title to registered land or to a burden on registered land,

an affidavit shall be produced to the effect that, to the best of the deponent’s knowledge and belief, all deeds, wills, instruments of title and incumbrances affecting the title, and all facts material to the title, have been disclosed to F118[the Authority].

• (2) F118[The Authority] may require any person making an affidavit in pursuance of this section to state in the affidavit what means he has had of becoming acquainted with the several matters referred to in the section; and if F118[the Authority] is of opinion that any further evidence is necessary or desirable, F119[it] may refuse to effect the registration, or to make or cancel any entry in the register, until such further evidence is produced.

94. Production of deeds.

94.—Where—

• (a) an application is made for the registration of an owner of land, or

• (b) F120[the Authority] has occasion, in the course of F121[its] duties, to investigate the title to registered land or to a burden on registered land,

if any person has in his possession or custody any deeds, wills or instruments affecting the title, to the production of which the applicant or any trustee for him is entitled or the production of which F120[the Authority] considers, on any such occasion, to be necessary for the purpose of such investigation, F120[the Authority] may require that person to show cause, within a time limited, why he should not produce such deeds, wills, or instruments, or any of them; and, unless cause is shown to the satisfaction of F120[the Authority] within the time limited, F121[it] may order that the deeds, wills or instruments, or any of them shall be produced at the expense of the applicant, at such time and place, and in such manner, and on such terms as F121[it] thinks fit.

95. Deeds to be marked with notice of registration.

95.—Subject to general rules, F122[the Authority] may, if F123[it] thinks fit, before registering a person as owner of land, require him to produce such documents of title as will in the opinion of F122[the Authority], when stamped or otherwise marked, give notice to any purchaser or other person dealing with the land of the fact of the registration, or otherwise to satisfy F122[the Authority] that the fact of the registration cannot be concealed from a purchaser or other person dealing with the land, and may stamp or otherwise mark any documents so produced.

Cautions and Inhibitions

96. Caution against first registration of land.

96.—(1) Any person claiming such an interest in unregistered land as entitles him to object to a disposition thereof being made without his consent, or claiming to be an incumbrancer on unregistered land, may, if claiming otherwise than under an instrument registered in the Registry of Deeds, on producing an affidavit in the prescribed form of his interest, lodge a caution with F124[the Authority] to the effect that the cautioner is entitled to notice of any application that may be made for registration of an owner of the land.

• (2) Thereupon, an owner of the land shall not be registered until notice has been served on the cautioner to appear and oppose, if he thinks fit, the registration, and the prescribed time has elapsed since the date of the service of the notice, or the cautioner has entered an appearance, whichever first happens.

• (3) If any person lodges a caution under this section without reasonable cause, he shall be liable to make compensation, recoverable as a simple contract debt, to any person damaged thereby.

97. Caution against registered dealings.

97.—(1) Any person entitled to any right in, to, or over registered land or a registered charge, may, on producing an affidavit in the prescribed form of his right, lodge a caution with F125[the Authority] to the effect that no dealing with the land or charge is to be had on the part of the registered owner until notice has been served on the cautioner.

• (2) Thereupon F125[the Authority] shall not, without the consent of the cautioner, register any dealing with the land or charge, as the case may be, until F126[it] has served notice on the cautioner, warning him that his caution will lapse after the expiration of the prescribed time.

• (3) After the expiration of that time, the caution shall lapse unless an order to the contrary is made by F125[the Authority] and on the caution so lapsing the land or charge may be dealt with as if the caution had not been lodged.

• (4) If, before the expiration of that time, the cautioner, or some other person on his behalf, appears and gives, if required by F125[the Authority], sufficient security to indemnify every person against any damage that may be sustained by reason of any dealing with the land or charge being delayed, F125[the Authority] may, if F126[it] thinks fit, delay registering any dealing with the land or charge for such further period as F126[it] thinks just.

• (5) If any person lodges a caution under this section without reasonable cause, he shall be liable to make compensation, recoverable as a simple contract debt, to any person damaged thereby.

• (6) In the case of a caution lodged on behalf of a statutory authority, a certificate in the prescribed form may be accepted, at the discretion of F125[the Authority], in lieu of an affidavit.

98. Inhibition of registered dealings.

98.—(1) The court or, subject to an appeal to the court, F127[the Authority], on the application of any person interested in any registered land or charge, may, after directing such inquiries (if any) to be made and notices to be given and hearing such persons as the court or F127[the Authority] thinks expedient, make an order or, in the case of an application to F127[the Authority], an entry, inhibiting for a time, or until the occurrence of an event to be named in the order or entry, or except with the consent of or after notice to some specified person, or generally until further order or entry, any dealing with any registered land or registered charge.

• (2) F127[The Authority], on the application of the person who has obtained an order of the court under the provisions of this section, shall make an entry of the order on the register in the prescribed manner.

• (3) The court or F127[the Authority] may annex to any such order or entry any terms or conditions they think fit, and may discharge any such order or cancel any such entry, and generally may exercise such powers as the justice of the case requires; but nothing herein contained shall empower F127[the Authority] to discharge an order made by the court.

(4)(a) F128[…]

• (b) Any entry made under this section may be withdrawn or modified at the instance of all the persons for the time being appearing by the register to be interested therein.

Settled Land

99. Provisions as to limited owners.

99.—F129[…]

Trustees

100. Power for trustee to apply to court for directions.

100.—(1) Where a trustee or other person acting in a fiduciary capacity is in doubt as to F130[any] matter with respect to which he is required or authorised to act under this Act, he may apply to the court for directions.

• (2) The costs, charges and expenses properly incurred by a trustee or other person acting in a fiduciary capacity F131[…] in or in connection with any proceeding or application required or authorised by this Act, or by any rules under this Act, shall be deemed to be costs, charges, and expenses properly incurred by him in the execution of his trust or duty, and may, in the case of a proceeding before, or an application to, F132[the Authority] be finally ascertained and declared by F132[the Authority].

Persons under Disability

101. Infants.

101.—F133[…]

102. Persons of unsound mind.

102.—(1) In the case of a lunatic so found by inquisition, the committee of his estate may represent him for all or any of the purposes of this Act.

• (2) A person of unsound mind not so found by inquisition may be represented for all or any of the purposes of this Act by his committee or guardian (if any) appointed under the Lunacy Regulation (Ireland) Act, 1871, or, if no such committee or guardian is so appointed, by a guardian appointed by the court.

• (3) A person of weak mind who is temporarily incapable of managing his affairs may be represented for all or any of the purposes of this Act by his guardian (if any) appointed under section 103 of the Lunacy Regulation (Ireland) Act, 1871, or, if no such guardian is so appointed, by a guardian appointed by the court.

Bankruptcy

103. Provisions as to bankruptcy of registered owner.

103.—(1) Where a petition of bankruptcy or a petition for arrangement is presented, the registrar of the court shall furnish F134[the Authority] with notice of the presenting of the petition and F134[the Authority] shall thereupon cause an entry to be made in the register inhibiting, for a period of three months from the date of the petition, any dealing with any registered land or charge which appears to be affected.

• (2) Where any doubt arises as to the identity of the debtor or where the existence of a charge registered in the name of the debtor cannot readily be ascertained, F134[the Authority] shall, as soon as possible after receiving notice of the presenting of the petition and after making such inquiries and giving such notices (if any) as F135[it] deems necessary, take such action in the matter as F135[it] thinks advisable.

• (3) Where notice of the presenting of a petition has been given under this section and—

• (a) the petition is afterwards dismissed or not proceeded with, or

• (b) the registered owner is adjudicated a bankrupt and the adjudication is afterwards annulled, or

• (c) in the case of an arrangement, if no vesting of registered land or a registered charge takes place by virtue of the arrangement,

the registrar of the court shall furnish F134[the Authority] with notice to that effect and F134[the Authority] shall thereupon cancel any entry made under subsection (1).

• (4) Where registered land or a registered charge becomes by law vested in assignees or trustees for the benefit of the creditors of the registered owner, the assignees or trustees shall be entitled to be registered as owners of the land or charge F136[…]. On such registration F134[the Authority] shall cancel any entry made under subsection (1).

Stamp Duties.

104. Stamp duties.

F137[104.— Where, in relation to a document presented for registration, the Authority has reasonable grounds for suspecting that stamp duty, or the correct amount of such duty, has not been paid, the Authority shall not proceed with the registration unless the applicant for registration provides evidence to its satisfaction that stamp duty is not payable or, as the case may be, the correct amount of such duty has been paid.]

Certificates and Notices

105. Certificates.

105.—(1) Subject to general rules, the land certificate or certificate of charge granted on the registration of an owner of land, or of a charge on land, shall be produced to F138[the Authority] on any subsequent transaction in relation to the land or charge requiring registration, as the case may be, and shall be either cancelled or so altered as to be brought into conformity with the register.

• (2) Subject to general rules, F138[the Authority] may, on the application of the registered owner, or of any person appearing to F138[the Authority] to be entitled to require the production of a land certificate or certificate of charge, order any person in whose custody the certificate may be to produce the certificate to F138[the Authority] for the purpose of any dealing with the registered land or charge which can be effected without the consent of the person having the custody of the certificate.

• (3) The production of a certificate under this section shall not alter the right to the custody of the certificate, and shall not affect any lien of any person thereon.

• (4) A land certificate or certificate of charge shall be prima facie evidence of the several matters therein contained.

• (5) Subject to any registered rights, the deposit of a land certificate or certificate of charge shall, for the purpose of creating a lien on the land or charge to which the certificate relates, have the same effect as a deposit of the title deeds of unregistered land or of a charge thereon.

106. Addresses and notices.

106.—(1) Every person whose name is entered on the register as owner of land or of a charge, or as cautioner, or as entitled to receive any notice, or in any other capacity, shall furnish to F139[the Authority] a place of address in the State.

• (2) Subject to general rules, every notice by this Act required to be given to any such person shall be served by F139[the Authority] and shall be served personally, or sent through the post in a registered letter marked outside in the prescribed manner and directed to the person at the address so furnished to F139[the Authority], and, unless returned, shall, in the absence of proof to the contrary, be deemed to have been received by the person addressed within such period as may be prescribed.

• (3) A registered purchaser for valuable consideration shall not be affected by the omission to send any notice by this Act directed to be given, or by the non-receipt thereof, unless he had knowledge of such omission or non-receipt before registration.

Searches and Priority

107. Searches of registers and maps.

107.—(1) Any entry in, or index to, a register and any registry map may be inspected F140[, in the form in which it is kept or (as the case may be) a legible reproduction thereof,] by any person at such times and on such conditions as may be prescribed.

• (2) Any person may apply to F141[the Authority] to make an official search in a register or registry map and to issue a certificate of the result of the search.

108. F142[Priority of certain applications for registration.

108.— (1) The Authority, if of opinion that a person has contracted to purchase or take a lease of registered land or to lend money on the security of a charge on it, shall, on application by the person and on notice by the person to the other party to the contract, make an entry in the register in the prescribed form.

• (2) An application for registration by such a person in relation to the completion of the contract which is in order and is delivered to the Authority within a period of 21 days (or such longer period as may be prescribed) after the date of the entry ranks in priority before any other application for registration made within that period in respect of the land.

• (3) In determining whether to prescribe a longer period than 21 days under subsection (2) and the duration of any such period, the Registration of Deeds and Titles Rules Committee shall have regard to—

• (a) changes in the period generally elapsing between applications by persons under subsection (1) and those made by such persons under subsection (2), and

• (b) the need for adequate protection of the interests of parties to the contracts concerned.]

PART IV Devolution on Death and Descent on Intestacy

109. Application of Part IV.

109.—F143[…]

110. Devolution of registered land.

110.—F144[…]

111. Succession to beneficial interest in registered land on intestacy.

111.—F145[…]

112. Abolition of rules of descent in relation to registered freehold land.

112.—F146[…]

113. Saving for deaths before commencement of this Act.

113.—F147[…]

114. Meaning of “heirs”.

114.—F148[…]

PART V Miscellaneous Provisions

115. Avoidance of certain stipulations in contracts for sale or charge of registered land.

115.—Every stipulation in a contract for the sale or charge of registered land or for the transfer of a registered charge whereby the purchaser or intending chargeant or the intending transferee (as the case may be) is precluded from making requisitions in relation to burdens generally or any particular burden which, by virtue of section 72, may affect the land shall be void.

116. Exemption of land from registration in Registry of Deeds.

116.—(1) The registration under this Act of the ownership of any estate or interest in land shall, on and after the date of registration, exempt that estate or interest from the provisions of the enactments relating to the Registry of Deeds; and a deed or other document relating to that estate or interest and executed or coming into operation on or after that date shall not, unless it also relates to unregistered land, require to be registered in the Registry of Deeds. The registration of such ownership shall not, however, have the effect of exempting from registration in the Registry of Deeds any deed or document relating to the title to any other estate or interest in the land other than a deed or document creating such estate or interest.

• (2) F149[…]

• (3) When the registration in the Registry of Deeds of any deed or other document within a certain period or otherwise is required by any enactment, registration of the title under such deed or other document (within the same period, where registration within a certain period is required) shall be a compliance with the provisions of that enactment.

117. Exemption from registration elsewhere of burdens registered under this Act.

117.—(1) Registration of a burden under this Act shall have the same effect as, and make unnecessary, registration of any deed or document relating to such burden, in the Registry of Deeds. In the case of a leasehold interest the ownership of which is not registered under this Act such exemption shall extend only to the lease itself and not to any other deed or document relating to the title to the leasehold interest.

• (2)
• (a) Registration in the prescribed manner of a judgment, order, inquisition, recognizance or State bond as a burden under this Act shall have the same effect as and make unnecessary, for any purpose as regards the land, the registration thereof in the Registry of Judgments;

• (b) No such judgment, order, inquisition, recognizance or bond shall, after the expiration of five years from the date of such registration, affect any registered land as to purchasers, mortgagees or creditors, unless and until it is re-registered in the prescribed manner under this Act within five years before the execution of the conveyance, settlement, mortgage, lease, or other instrument vesting or transferring the legal or equitable right to the estate or interest in or to any such purchaser or mortgagee for valuable consideration, or as to creditors within five years before the right of such creditor accrued, and so re-registered at the expiration of every succeeding five years.

118. Indemnity of F150[the Authority].

118.—F150[The Authority] shall not, nor shall any person acting under F151[its] authority or under any order or general rule made in pursuance of this Act, be liable to any action, suit or proceeding for or in respect of any act or matter bona fide done or omitted to be done in the exercise or supposed exercise of the powers of this Act, or any order or general rule made in pursuance of this Act.

119. Penalties for fraud.

119.—(1) If any person commits any of the following offences, that is to say—

• (a) in the course of any proceedings before F152[the Authority] or the court in pursuance of this Act, with intent to conceal the title or claim of any person, or to substantiate a false claim, suppresses, attempts to suppress, or is privy to the suppression of, any document or fact, or

• (b) fraudulently procures, attempts to fraudulently procure, or is privy to the fraudulent procurement of, any entry, erasure or alteration in the register, or

• (c) in any affidavit required or authorised to be made for any purpose under this Act, or under any order or general rules made in pursuance of this Act, wilfully makes a false statement in any material particular,

F153[the person shall be guilty of an offence and liable—

• (i) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding twelve months or both, and

• (ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding five years or both.]

• (2) No proceeding or conviction for any offence declared by this Act to be a misdemeanour shall affect any remedy to which any person aggrieved by the offence may be entitled.

• (3) Nothing in this Act shall entitle any person to refuse to make a complete discovery in any legal proceeding, or to answer any question or interrogatory in any civil proceeding; but no such discovery or answer shall be admissible in evidence against that person in any criminal proceeding under this Act.

120. Compensation for error, forgery or fraud in relation to registration.

120.—(1) This section applies to loss sustained by any person by reason of—

• (a) the rectification F154[…] of any such error in registration as may be rectified under subsection (1) of section 32, or

• (b) any error originating in the Land Registry (whether of misstatement, misdescription, omission or otherwise, and whether in a register or in a registry map) which occurs in registration and is not rectified under the said subsection (1), or

• (c) any entry in or omission from a register or registry map caused or obtained by forgery or fraud, or

• (d) any error in an official search carried out by F155[the Authority] or any of F156[its] officers, or

• (e) the inaccuracy of any office copy of or extract from a register or registry map, or of any office copy of or extract from any document or plan filed in the Land Registry.

• (2) Where any person sustains loss to which this section applies, and the loss is not caused or substantially contributed to by the act, neglect or default of himself or his agent, that person and also any person deriving title from him shall be entitled to compensation for that loss in accordance with this section.

• (3) In the case of rectification of an error F154[…] under subsection (1) of section 32, the costs and expenses incurred by the applicant in obtaining the rectification shall be deemed to be a loss to which this section applies.

• (4) All compensation payable under this section shall be paid out of moneys provided by the Oireachtas.

• (5) The following provisions shall apply to every claim for compensation under this section:

• (a) the claim shall be made in the prescribed manner to F155[the Authority] and notice thereof shall be given to the Minister for Finance;

• F157[(b) if the claim is not settled, the claimant or the Minister for Finance may apply to the court to determine the amount (if any) of compensation payable;]

• (c) no claim shall be entertained by F155[the Authority] after the expiration of a period of six years from the time when the right to compensation accrued unless, on the expiration of such period the person entitled to claim was under disability, in which case the claim shall not be entertained after the expiration of two years from the termination of the disability, but the determination of F155[the Authority] to refuse or allow a claim under this paragraph shall be subject to appeal to the court;

• (d) for the purposes of paragraph (c), the right to compensation shall be deemed to have accrued—

• (i) in regard to any estate or interest in possession, on the date of the registration which occasioned the loss in respect of which compensation is claimed, or

• (ii) in regard to any estate or interest in remainder or reversion, on the date when such estate or interest would, but for such registration as aforesaid, have fallen into possession;

• (e) the compensation shall include the costs incurred by the claimant in establishing his claim.

• (6) Where compensation is paid under this section to any person—

• (a) the compensation (other than costs) shall be applicable in discharge of any incumbrances affecting the estate or interest of that person in the land or charge in respect of which the compensation is payable;

• (b) the Minister for Finance shall have the same right to recover the amount of such compensation from any person who caused or derived advantage from the loss as the person who suffered the loss would have had if the loss were an injury caused to him by the first mentioned person.

121. Inhibition in consequence of discovery of error.

121.—(1) Whenever it appears to F158[the Authority] that an error which may be capable of rectification has been made in registration, F158[the Authority] may enter in the register such inhibition against dealings with the land or the burden affected by such error as F159[it] thinks proper for the purpose of protecting the Central Fund against claims for compensation in respect of losses occasioned by registrations made after such error is discovered and before it is rectified.

• (2) An inhibition entered in the register under this section shall not affect any registration actually pending in the F160[Land Registry] when such inhibition is entered nor prevent the completion of such registration.

• (3) Whenever F158[the Authority] enters an inhibition under this section, F159[it] shall send notice of such inhibition and of the error because of which it was entered to all persons who appear from the register to be affected by such error and to such other persons (if any) as may be prescribed.

122. Owner of land with possessory title not a trustee under Statute of Limitations, 1957.

122.—(1) Where a person is registered as owner of land with a title which is or is deemed to be a possessory title, neither he nor any person claiming through him shall, by reason only of the registration, be, in respect of that land, a trustee for the purposes of the Statute of Limitations, 1957.

• (2) Subsection (1) is in substitution for paragraph (c) of subsection (2) of section 2 of the Statute of Limitations 1957, repealed by this Act.

123. Effect of words of transfer.

123.—(1) An instrument of transfer of freehold registered land without words of limitation, or any equivalent expression, shall pass the fee simple or other the whole interest which the transferor had power to transfer in the land unless a contrary intention appears in the instrument.

• (2) An instrument of transfer of freehold registered land to a corporation sole by his corporate designation without the word “successors” shall pass to the corporation the fee simple or other the whole interest which the transferor had power to transfer in the land unless a contrary intention appears in the instrument.

• (3) In an instrument of transfer of registered land a resulting use or trust for the transferor shall not be implied merely by reason that the property is not expressed to be transferred to the use or benefit of the transferee.

• F161[(4) An instrument granting, or containing a grant or reservation of, an easement or a profit à prendre out of registered freehold land without words of limitation or any equivalent expression shall pass or reserve the whole estate which the grantor had power to grant or reserve in the easement or profit à prendre.

• (5) An instrument granting, or containing a grant or reservation of, an easement or a profit à prendre out of registered freehold land to a corporation sole by its corporate designation without the word "successors" shall pass or reserve the whole estate which the grantor had power to grant or reserve in the easement or profit à prendre.

• (6) Subsections (1), (2) and (3) of this section apply only to instruments of transfer executed on or after 1 January 1967, and subsections (4) and (5) thereof apply only to F162[instruments] executed after the commencement of section 70 of the Registration of Deeds and Title Act 2006.]

124. Power of Peace Commissioners to take affidavits.

124.—An affidavit to be made or used in any proceedings before F163[the Authority] may be sworn before a Peace Commissioner who shall have power to administer the oath for that purpose.

125. Registration of land below high-water mark.

125.—Where application is made for the registration of an owner of land and it appears to F164[the Authority] that the land comprises foreshore, within the meaning of the Foreshore Act, 1933, F164[the Authority] shall send notice in writing thereof to the F165[Minister for Agriculture, Food and the Marine and the Maritime Area Regulatory Authority].

126. Power to make rules and orders.

126.—F166[(1) The Registration of Deeds and Title Rules Committee established by section 74 of the Registration of Deeds and Title Act 2006, with the agreement of the Minister for Justice, Equality and Law Reform, may make general rules for carrying into effect the objects of this Act and, in particular, without prejudice to the generality of the foregoing, in respect of all or any of the following matters:

• (a) the form and content and the indexing of registers and registry maps;

• (b) the authentication of documents relating to title;

• (c) the procedures to be observed, precautions to be taken, notices to be given and evidence to be adduced in proceedings in connection with registration;

• (d) the circumstances under which and the persons to whom reference is to be made in respect of the examination of any title to land for which an application for registration is made;

• (e) the form and manner in which entries in registers are to be made, modified or cancelled;

• (f) the order in which entries relating to land are to be made;

• (g) the correction of errors in registers or maps or in any record connected with registration;

• (h) the form and content of any document required or authorised to be used or given under or for the purposes of this Act;

• (i) the conditions under which a new land certificate or certificate of charge may be issued in place of a lost, defaced or destroyed certificate;

• (j) the inspection of and making of copies or reproductions of, or extracts from, any records in the custody of the Land Registry;

• (k) the custody and preservation of records in the Land Registry;

• (l) the taxation of costs of any proceedings in connection with registration and the persons by and to whom costs are to be taxed and paid;

• (m) the entering into security for the costs of appeal under this Act;

• (n) any other matter referred to in this Act as prescribed.

• (2) The Committee, in determining for the purposes of this Act—

• (a) whether the duration of a lease or of the unexpired portion of a lease, as specified in the Act, should be altered, and

• (b) if so, the extent of the alteration to be prescribed by it,

shall have regard to the Authority’s function to promote and extend registration of ownership of land and to the resources available to the Authority for performing that function.]

• (3) Provision shall be made by general rules for the registration, without cost to the parties interested, of all titles recorded under the Record of Title (Ireland) Act, 1865, and care shall be taken in such rules to protect any rights acquired in pursuance of such recording. Until registration, that Act shall apply thereto as if this Act had not been passed.

• (4) F167[…]

127. Saving for bona vacantia.

127.—Nothing in this Act shall affect the right of the State to any property as bona vacantia.

SCHEDULE REPEALS

Section 5.

Session and Chapter or Number and Year	Short Title	Extent of Repeal
10 & 11 Vict. c. 32.	Landed Property Improvement (Ireland) Act, 1847.	Section 21, in so far as it provides for the registration of a release, in relation to registered land, in the Registry of Deeds.
34 & 35 Vict. c. 100.	Glebe Loan (Ireland) Amendment Act, 1871.	Section 13, in so far as it provides for the registration of a release, in relation to registered land, in the Registry of Deeds.
38 & 39 Vict. c. 82.	National School Teachers Residences (Ireland) Act, 1875.	In section 5, the second paragraph, in so far as it provides for the registration of a release, in relation to registered land, in the Registry of Deeds.
54 & 55 Vict. c. 66.	Registration of Title Act, 1891.	The whole Act.
3 Edw. 7 c. 37.	Irish Land Act, 1903.	Subsection (6) of section 3.
No. 42 of 1923.	Land Act, 1923.	Sections 58 to 60, and subsection (2) of section 63.
No. 19 of 1927.	Land Act, 1927.	Sections 51 and 52.
No. 11 of 1931.	Land Act, 1931.	Subsection (3) of section 30. Section 31.
No. 38 of 1933.	Land Act, 1933.	Section 48.
No. 48 of 1936.	Courts of Justice Act, 1936.	Section 74.
No. 26 of 1939.	Land Act, 1939.	Section 7.
No. 26 of 1942.	Registration of Title Act, 1942.	The whole Act.
No. 6 of 1957.	Statute of Limitations, 1957.	Paragraph (c) of subsection (2) of section 2. In paragraph (d) (inserted by section 26 of the Administration of Estates Act, 1959) of subsection (2) of section 2, the words “or subsection (1) of section 86 of the Act of 1891”. In section 24, the words “and to section 52 of the Act of 1891”.
No. 8 of 1959.	Administration of Estates Act, 1959.	Paragraph (a) of section 9. Section 22.

Footnotes