S.I. No. 266/1966 - Land Registration Rules, 1966

• (b) admits part only of the claim and the claimant is satisfied to accept the part so admitted in full satisfaction of his demand,

the Registrar shall make an order allowing the claim or the part thereof so admitted and accepted (as the case may be) and shall measure such sum for costs as he considers just and shall direct to whom the amount of the compensation awarded and such costs are to be paid.

221 Procedure on application for compensation if claim is disputed.

221.

221. Where the Minister for Finance disputes the claim for compensation or where the applicant is not satisfied to accept in full satisfaction a part of the claim admitted by the Minister for Finance, the Registrar, on receipt from the applicant of a notice to that effect, shall serve notice in Form 108 on the Minister for Finance, the Chief State Solicitor, the applicant and all other persons (if any) appearing to be interested in the application, fixing the day and hour for the parties (or their solicitors or counsel) to attend before the Registrar for the hearing of and adjudication on the application for compensation.

222 Hearing and determination of claim by Registrar.

222.

222. (1) On the day mentioned in the last preceding rule, the Registrar shall hear the parties interested in the application (or their solicitors or counsel) and may, where he thinks fit, receive evidence orally or on affidavit. The Registrar shall determine the claim and shall embody his adjudication thereon in a formal order.

• (2) Such order shall specify the amount of the compensation to be paid and the person to whom it is to be paid or shall dismiss the claim for compensation; and the order shall direct by whom the costs (if any) of the application and proceedings thereon are to be paid and the persons to whom such costs are to be paid, when taxed and ascertained.

• (3) A copy of the order of the Registrar adjudicating on the claim may be bespoken by the Minister for Finance, the Chief State Solicitor and the claimant or other person entitled to receive the compensation (or his solicitor).

PART VI REGISTRATIONS IN THE REGISTER MAINTAINED UNDER SECTION 8 (B) OF The act ; AND EXCHANGES OF HOLDINGS UNDER [SECTION 46](https://www.irishstatutebook.ie/1923/en/act/pub/0042/sec0046.html#sec46) of THE [LAND ACT, 1923](https://www.irishstatutebook.ie/1923/en/act/pub/0042/index.html)

223 Register under section 8 (b) of the Act to be kept in central office only.

223.

223. The register maintained under section 8 (b) of the Act shall be kept and maintained in the central office only.

224 Rights in land which may be registered.

224.

224. It is hereby prescribed pursuant to section 8 (b) (ii) of the Act that the ownership of the following rights in land may be entered in the register maintained under section 8 (b)—

• (i) any lease of incorporeal hereditaments held in gross ;

• (ii) any charge, whenever created, registered as a burden ;

• (iii) any judgment mortgage registered as a burden.

225 Incorporeal hereditaments held in gross.

225.

225. (1) An applicant for registration of ownership of an incorporeal hereditament held in gross shall be registered as owner with an absolute title where title both to the grantee's interest and to the grantor's interest and to any superior or intermediate interest that may exist is approved by the Registrar.

• (2) Where, immediately before the commencement of the Act, the registration of ownership of an incorporeal hereditament held in gross contained a note to the effect that the title of the grantor to make the grant has been investigated and found to be good, the title to the grantee's interest shall be deemed to be an absolute title. Where there is no such note, the title shall be deemed to be a possessory title.

• (3) Where an incorporeal hereditament held in gross is granted by the owner of property registered with an absolute, possessory or qualified title, the title of the registered owner of such incorporeal hereditament shall be deemed to be likewise absolute, possessory or qualified, as the case may be.

• (4) The registration of a person as first registered full or limited owner of an incorporeal hereditament held in gross with a possessory title shall not affect or prejudice the enforcement of any right (whether in respect of the grantor's title or otherwise) adverse to or in derogation of the title of the grantor or 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.

226 Application of the Act to incorporeal hereditaments held in gross.

226.

226. Subject to rule 225, the provisions of the Act relating to the registration of the title to property and the burdens affecting registered property, except those to which section 73 applies, shall apply to registration in the register maintained under section 8 (b) of the Act of the ownership of all incorporeal hereditaments held in gross pursuant to the provisions of the said Act and these Rules, with the following modifications :

• (a) " Land comprising incorporeal hereditaments held in gross " shall be substituted for " land " or " lands " or " freehold land ", where these expressions occur in such provisions and the context so requires.

• (b) The burdens specified in paragraphs (j), (m), (n) and that part of the burden specified at (q), namely, " or a right of residence (whether an exclusive right of residence or not)" of subsection (1) of section 69 and paragraphs (b), (h), (n) and (o) of subsection (1) of section 72 shall be excluded from those sections in their application to such hereditament, but the conditions, estates, rights and interests, if any, specified in the grant creating the hereditament shall be included therein as burdens to which, though not registered, such a registered hereditament is subject.

227 Application of the Act to rights other than incorporeal hereditaments held in gross.

227.

227. The provisions of the Act relating to the registration of the title to land (except those relative to the registration of limited ownerships, to the transfer of land and to burdens which are, without registration, to affect registered land) and the provisions of section 64 relative to the transfer of charges shall apply to registration, in the register maintained under section 8 (b) of the Act, of the title to the rights in land specified at (ii) and (iii) of rule 224, with the following modifications—

• (a) "right", or "a right", or "rights", or "the rights", or "a registered right", or "the registered right", shall be substituted, as the context may require, for "land", or "lands", or "freehold land", or "registered land" and, in the provisions of the Act relating to charges, "right" shall be substituted for "charge";

• (b) "owner" shall be substituted for "full owner" in the said provisions;

• (c) the person who may be registered as the owner of such a right shall be the person in whom the right is vested absolutely, whether for his own benefit or as a trustee, and section 27 shall be read as modified accordingly;

• (d) "the right" shall be substituted for the words "of freehold land with an absolute title" and for the words "an estate in fee simple in the land together with all implied or express rights, privileges and appurtenances belonging or appurtenant thereto", in section 37(1);

• (e) the title conferred by registration on the owner of such a right shall not affect or prejudice the enforcement of any other right affecting the land on which the registered right is a burden that ranks in priority to or is in derogation of the registered right and subsisting or capable of arising at the time of the first registration thereof;

• (f) the registration of an owner of a judgment mortgage shall not be a warranty that it is a valid burden on the property described in the register as affected by the right;

• (g) all the burdens in section 72, except succession duty and estate duty, shall be excluded from that section in its application to such a registered right, and "any other right" specified in paragraph (e) hereof shall be included therein as burdens to which, though not registered, such a registered right is subject.

228 Exchanges under section 46 of the Land Act, 1923 .

228.

228. (1) Where, pursuant to section 46 of the Land Act, 1923 , a transfer is made to the Land Commission of property (in this rule and in rules 229 and 230 called "the original holding") in exchange for property (in this rule and in rules 229 and 230 called "the new holding")—

• (a) the transfer of the original holding shall state that it is made by way of exchange and shall have endorsed on it or embodied in it particulars of the new holding sufficient to enable the Registrar to identify it;

• (b) the vesting order or other instrument effecting the transfer of the new holding shall state the land purchase annuity (if any) to which it is subject and shall refer to the folio number of the register of the original holding; and

• (c) the instruments transferring the holdings shall be lodged in the Registry on the same day.

• (2) Where the exchange of the original holding and the new holding is effected by means of a vesting order under the Land Purchase Acts, the provisions of paragraph (1) of this rule shall apply mutatis mutandis.

229 Effect of registration on exchange.

229.

229. (1) The person who was registered owner of the original holding when the transfers or vesting order (as the case may be) were or was lodged shall be registered as full or limited owner of the new holding, according as he was full or limited owner of the original holding.

• (2) A nominee appointed by the Land Commission under its statutory powers may be registered as full owner with a possessory title.

• (3) There shall be entered in the folio of the new holding the burdens (other than burdens discharged under the Act of 1923 by the transfer or vesting order, as the case may be) that appear in the folio of the original holding. The new holding shall thenceforth be subject to the burdens so registered and to any burdens that, without registration, affect it.

230 Registration with possessory title.

230.

230. Where it appears from the register that the burdens arising from the interest vested in the purchaser of the original holding under the Land Purchase Acts being deemed to be a graft on his previous interest in that holding have not been ascertained, the ownership of the new holding shall be registered with a possessory title.

231 Notices to be given.

231.

231. On the registration of the ownership of the new holding, the Registrar shall send to all persons appearing from the folio of the original holding to be owners of burdens transferred to the now holding notice of the transfer of their burdens to the new holding and of their registration.

PART VII SOLICITORS' COSTS

232 Interpretation.

232.

232. In this part of these Rules—

"the Act of 1881" means the Solicitors' Remuneration Act, 1881;

"the Order of 1884" means the Solicitors' Remuneration General Order, 1884, made pursuant to the Act of 1881 and dated the 16th day of April, 1884;

"the Order of 1951" means the Solicitors' Remuneration General Order, 1951, made pursuant to the Act of 1881 and dated the 11th day of December, 1951;

"the Order of 1960" means the Solicitors' Remuneration General Order, 1960, made pursuant to the Act of 1881 and dated the 5th day of August, 1960.

233 Orders of 1884 and 1960, as varied, to apply.

233.

233. The remuneration of a solicitor for conveyancing or other business with registered property, not being business in any action or transacted in any court or in the chambers of any judge or master, shall be regulated by the Orders of 1884 and 1960 as varied by these Rules.

234 Sales, purchases and charges.

234.

234. (1) The following provisions shall apply in respect of sales, purchases and charges completed:

• (i) Where the property is registered with a possessory title that cannot be converted into an absolute title except after the examination of title prescribed by rules 36 and 37 of these Rules—

• (a) the remuneration of the solicitor for the vendor or person charging the property shall be the charges set out in Part I of the Schedule of Costs to these Rules, provided that such title shall have been shown as would enable the purchaser or chargee to have the title registered as absolute;

• (b) the remuneration of the solicitor for the purchaser or chargee shall be the charges set out in Part I of the Schedule of Costs to these Rules, provided that an application to convert the possessory title is made when registration of the ownership or of the charge is applied for and effect is given to the investigation of the title made on the sale or charge by the registration of the title as absolute. The remuneration shall cover all charges in connection with the conversion of the title. If such conversion is not applied for and obtained, the remuneration shall be two-thirds of the foregoing remuneration.

• (ii) Where—

• (a) the property is registered with a possessory title that cannot be converted except after the examination of title prescribed by rules 36 and 37 of these Rules, and such title as would enable the purchaser or chargee to have the title converted shall not have been shown, or

• (b) the property is not registered with a possessorytitle or is registered with a possessory title that may be converted on an application under rule 33, 34 or 35 of these Rules,

the remuneration shall be half the charges set out in Part I of the Schedule of Costs to these Rules. The conversion of a title on an application under rule 33, 34 or 35 shall be deemed to be part of the business in connection with the sale or charge and the solicitor obtaining the conversion shall also be entitled to the remuneration therefor prescribed by rule 236(1)(ii) of these Rules.

• (2) In respect of all sales, purchases or charges, completed or not completed, for which the remuneration prescribed by the foregoing provisions of this rule is not chargeable, the remuneration shall be the charges prescribed by clause 2(c) of the Order of 1884 amended by the Order of 1960 as varied by rules 236 and 241 of these Rules.

235 Leases and fee-farm grants.

235.

235. The following provisions shall apply in respect of leases, fee-farm grants and agreements therefor:

• (i) The remuneration for leases or agreements for leases at rack rent (other than mining leases or leases for building purposes or agreements therefor) shall be the charges set out in Part II of the Schedule of Costs to these Rules.

• (ii) The remuneration for conveyances in fee or for any other freehold estate reserving a rent (not being a fee-farm grant under the Renewable Leasehold Conversion Act, 1849, or the Church Temporalities Acts) or for building leases reserving rent or other long leases not at rack rent or agreements therefor or mining leases or licences or agreements therefor shall be the charges set out in Part III of the Schedule of Costs to these Rules. Where a conveyance or lease is partly in consideration of a money payment or premium and partly in consideration of a rent, then, in addition to the remuneration hereby prescribed in respect of the rent, there shall be payable a further sum equal to the remuneration on a purchase at a price equal to such money payment or premium, such further remuneration to be ascertained as prescribed in rule 234 of these Rules.

236 Other business.

236.

236. (1) The following provisions shall apply in respect of the transactions specified therein:

• (i) For all charges on any transfer (except a transfer on sale) by a registered owner or his personal representative or on a transfer by a registered trustee to anothertrustee or to a beneficiary, including charges for instructions and for the drawing, engrossing, execution and completion of the instrument and any consent, affidavit or statement required in connection therewith, and for the registration of the ownership and burdens (if any) created and the discharge of the burdens (if any) discharged, to give effect to the transfer, the remuneration to the solicitor for the transaction completed shall be the charges set out in Part IV of the Schedule of Costs to these Rules.

• (ii) For all charges in connection with an application for the conversion of a possessory title on an application under rule 33, 34 or 35 of these Rules, the remuneration to the solicitor who obtains the conversion shall be the charges set out in Part V of the Schedule of Costs to these Rules.

• (iii) On a transfer by a registered owner (except a transfer on sale) or on a transmission on the death of such an owner, the conversion of a possessory title that may be effected on an application under rule 33 or 34 of these Rules shall be deemed to be part of the business of the solicitor in connection with the transfer or transmission and, if obtained when registration under the transfer or transmission is applied for, the charge therefor prescribed in sub-paragraph (ii) ante shall be chargeable as part of the charges for such business.

• (iv) The costs of an applicant or a judgment creditor for which an order of the Registrar may issue under rule 121(6) of these Rules in connection with an application under the said rule for the cancellation of a notice in the register of a deposit of an affidavit of judgment as a mortgage shall be those prescribed in Part VI of the Schedule of Costs to these Rules. These costs shall be exclusive of any costs of or incidental to an application to the court on a reference under rule 121(5) of these Rules.

• (2) Except as prescribed by the foregoing provisions hereof, the remuneration for business with registered property to which clause 2(c) of the Order of 1884 applies shall be the amount of the charges prescribed by the said clause 2(c) amended by the Order of 1960 as varied by these Rules.

237 Rescission of rule 11 of Part I of Schedule I to the Order of 1884.

237.

237. It is hereby declared that rule 11 of the Rules to Part I of Schedule I to the Order of 1884, which was rescinded by clause 3 of the Order of 1951, is also rescinded as far as these Rules are concerned.

238 Meaning of "value" in Parts IV and V of the Schedule of Costs.

238.

238. "Value" in Parts IV and V of the Schedule of Costs to these Rules means fifty times the rateable valuation of the property.

239 Taxation.

239.

239. (1) Costs prescribed by these Rules shall, when taxable, be taxed by a Taxing Master of the High Court, and the Rules of the Superior Courts for the time being relative to taxation shall apply to such costs as if the Land Registry were an Office of the High Court.

• (2) In the taxation of costs, the Taxing Master shall have regard to the procedure prescribed by the Act and these Rules and shall disallow the costs of any document or part thereof that he may consider unnecessary or prolix having regard to the prescribed form and the procedure and effect of registration under the Act.

240 Certain amendments of Order of 1960 not to apply.

240.

240. The amendments effected by paragraphs 3(d) and 4(c) of the Order of 1960 shall not apply to registered property.

241 Instruction fee.

241.

241. The following instruction fee shall be substituted for the instruction fee in the Schedule to the Order of 1960:

"Such fees for instructions as, having regard to the care and labour required, the number and lengths of the papers to be perused and the other circumstances of the case, may be fair and reasonable".

242 Amendment.

242.

242. In Note 6 of the Schedule to the Order of 1960, the word "later" shall be substituted for the word "earlier".

SCHEDULE OF COSTS

PART I Scale of charges on sales, purchases and mortgages

	For the first £1,000	For the first £1,000	For the first £1,000	For the second and third £1,000	For the second and third £1,000	For the second and third £1,000	For the fourth and each subsequent £1,000 up to £10,000	For the fourth and each subsequent £1,000 up to £10,000	For the fourth and each subsequent £1,000 up to £10,000	For each subsequent £1,000	For each subsequent £1,000	For each subsequent £1,000
VENDORS SOLICITOR:—	£4	0	0
	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100
For all charges including charges for negotiation by solicitor, connected with the sale of property by private contract or by auction, including preparation of contract and conditions of sale, deducing title and furnishing necessary searches, and perusing and completing conveyance.	In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Columns Nos. 1 and 2; 10/- on Column No. 3 and 5/- on Column No. 4.	In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Columns Nos. 1 and 2; 10/- on Column No. 3 and 5/- on Column No. 4.	In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Columns Nos. 1 and 2; 10/- on Column No. 3 and 5/- on Column No. 4.	In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Columns Nos. 1 and 2; 10/- on Column No. 3 and 5/- on Column No. 4.	In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Columns Nos. 1 and 2; 10/- on Column No. 3 and 5/- on Column No. 4.	In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Columns Nos. 1 and 2; 10/- on Column No. 3 and 5/- on Column No. 4.	In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Columns Nos. 1 and 2; 10/- on Column No. 3 and 5/- on Column No. 4.	In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Columns Nos. 1 and 2; 10/- on Column No. 3 and 5/- on Column No. 4.	In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Columns Nos. 1 and 2; 10/- on Column No. 3 and 5/- on Column No. 4.	In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Columns Nos. 1 and 2; 10/- on Column No. 3 and 5/- on Column No. 4.	In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Columns Nos. 1 and 2; 10/- on Column No. 3 and 5/- on Column No. 4.	In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Columns Nos. 1 and 2; 10/- on Column No. 3 and 5/- on Column No. 4.
PURCHASER SOLICITOR:—	£4	0	0	£3	0	0	£1	10	0	£0	15	0
	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100
For all charges connected with purchase of property, whether by private contract or by public auction including perusal of contract or conditions of sale, investigating title and searches, and preparing, completing and registering conveyance.	Subject to the same reductions as last item.	Subject to the same reductions as last item.	Subject to the same reductions as last item.	Subject to the same reductions as last item.	Subject to the same reductions as last item.	Subject to the same reductions as last item.	Subject to the same reductions as last item.	Subject to the same reductions as last item.	Subject to the same reductions as last item.	Subject to the same reductions as last item.	Subject to the same reductions as last item.	Subject to the same reductions as last item.
MORTGAGOR'S SOLICITOR:—
For all charges connected with loan, deducing title, furnishing searches, perusing and completing conveyance.	£3	0	0	£2	0	0	£1	0	0	£0	10	0
per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100
MORTGAGEE'S SOLICITOR:—
For all charges connected with loan, including investigation of title and searches, and preparing, completing and registering mortgage or other security deed.	£4	0	0	£3	0	0	£1	10	0	£0	15	0
per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100	per £100

PART II Scale of charges as to leases or agreements for leases at rack rent (other than mining leases or leases for building purposes or agreements for the same)

Lessor's Solicitor :
For preparing, settling and completing lease and counterpart :—
Where the rent does not exceed £100	£15 per cent. on the rental but not less in any case than £6.
Where the rent exceeds £100 but does not exceed £500	£15 in respect of the first £100 of rent and £5 per cent. in respect of each subsequent £100 of rent or any part thereof.
Where the rent exceeds £500	£15 in respect of the first £100 of rent, £5 in respect of each £100 of rent up to £500, and £2 per cent. in respect of every subsequent £100 or part thereof.
Lessee's Solicitor :
For perusing draft and completing (no sum of less than £1 yearly to be taken into account in any case)	One half of the amount payable to the Lessor's solicitor but not less in any case than £4 4s.

In case the lease is registered a charge of £4 to the solicitor registering same.

PART III Scale of charges as to certain fee farm grants, building leases reserving rent and other long leases not at rack rent, etc.

Vendor's or lessor's solicitor—for preparing, settling, and completing conveyance and duplicate, or lease and counterpart:—

Amount of Annual Rent	Amount of Remuneration
Where it does not exceed £5	£10
Where it exceeds £5 and does not exceed £50	The same payment as on a rent of £5, and also 40 per cent. on the excess beyond £5.
Where it exceeds £50, but does not exceed £150	The same payment as on a rent of £50, and 20 per cent. on the excess beyond £50.
Where it exceeds £150	The same payment as on a rent of £150, and 10 per cent. on the excess beyond £150.
Where a varying rent is payable the amount of annual rent is to mean the largest amount of annual rent.	Where a varying rent is payable the amount of annual rent is to mean the largest amount of annual rent.

Purchaser or lessee's solicitor—for perusing draft and completing . . . One half of the amount payable to the Vendor's or Lessor's solicitor.

In case the Lease is registered, a charge of £4 to the solicitor registering same.

PART IV Scale of charges for transfer (except a transfer on sale) by a registered owner or his personal representative

Value of property transferred	Remuneration
Not exceeding £100	£3 2s. 0d.
Exceeding £100 but not exceeding £200	£4 5s. 3d.
Exceeding £200 but not exceeding £300	£5 8s. 6d.
Exceeding £300 but not exceeding £400	£6 4s. 0d.
Exceeding £400 but not exceeding £500	£7 2s. 6d.
Exceeding £500 but not exceeding £600	£8 2s. 9d.
Exceeding £600 but not exceeding £700	£9 15s. 0d.
Exceeding £700 but not exceeding £800	£11 1s. 3d.
Exceeding £800 but not exceeding £900	£12 7s. 6d.
Exceeding £900 but not exceeding £1,000	£13 13s. 9d.
Exceeding £1,000 but not exceeding £3,000	£13 13s. 9d. on the first £1,000 and 17s. 0d. on each subsequent £100 or part of £100.
Exceeding £3,000 but not exceeding £10,000	£30 13s. 9d. on the first £3,000 and 7s. 6d. on each subsequent £100 or part of £100.
Exceeding £10,000	£56 18s. 9d. on the first £10,000 and 4s. 6d. on each subsequent £100 or part of £100.

PART V Scale of charges for applications for conversion of possessory titles etc. under rules 33, 34 and 35

Value of property	Remuneration	Remuneration	Remuneration
	£	s.	d.
Not exceeding £250	2	6	6
Exceeding £250 and not exceeding £500	3	2	0
Exceeding £500	4	13	0

PART VI Judgment mortgages

Costs payable under rule 121 (6)

Costs to applicant:
(a) if cancellation made without objection by judgment creditor	£	s.	d.
	1	11	0
(b) if cancellation made after objection by judgment creditor	3	2	0
Costs to judgment creditor:
On objection by him to cancellation when cancellation refused	3	2	0

SCHEDULE OF FORMS

FORM 1

Application for first registration of freehold land and of incorporeal hereditaments held in gross (rules 14 and 15)

LAND REGISTRY

County

I, A.B., of make oath and say—

Signature of deponent.	{	Sworn this the day of 19 , at in the County of before me a Commissioner for Oaths (or other qualified person) and I know the depodent (or, I know E.F., who cerifies his knowledge of the depodent). Signature
I, E.F., hereby certify that I know deponent .	{	Sworn this the day of 19 , at in the County of before me a Commissioner for Oaths (or other qualified person) and I know the depodent (or, I know E.F., who cerifies his knowledge of the depodent). Signature
Signature

Schedule

PART 1.

(To contain description of the land, giving area, townland, barony and county, or, if in a city or urban district, the street or road and city or urban district).

PART 2.

(To contain short particulars of all subsisting mortgages, leases, tenancies, restrictive covenants, and incumbrances not being burdens to which section 72 of the Act applies).

to be inserted only when opinion of counsel is relied on under rule 19.

to be inserted only when applicant is a trustee—see rule 49.

Note (1)—Where the application is for first registration of a rentcharge or other incorporeal hereditament held in gross, the fifth paragraph is to be varied by stating that it is for registration of the ownership in the relevant register of thehereditament specified in Part I of the Schedule; and that part is to contain particulars of the hereditament and of the land out of which it issues. If the application is by the original grantee of the hereditament paragraph 3 is to refer only to the grant.

Note (2)—An affidavit of discovery in Form 16 should be lodged with this application or the averments thereof may be included in this application.

Form 2

Application for first registration of leaseholds and of rights (other than incorporeal hereditaments held in gross) (rules 14 and 16)

LAND REGISTRY

County

I, AB., of make oath and say—

(Jurat as in Form 1)

Schedule (As in Form 1)

NOTE (1)—An affidavit of discovery in Form 16 should be lodged with the application or the averments thereof may be included, in this application (rule 47).

NOTE (2)—This form can be adapted together with Form 1 where the application is for an absolute title. See section 40(4) of the Act.

NOTE (3)—This form is to be adapted on an application for first registration of ownership of a right (other than an incorporeal hereditament held in gross) in the register maintained under section 8(b) of the Act.

Form 3

Application by a statutory authority for first registration where the purchase money of or compensation for the property does not exceed £900 (rule 19(4))

LAND REGISTRY

COUNTY

(insert full and correct description of the person or body)

who is applicant for registration as owner.

Dated the day of 19

Signature

FORM 4

Application by Land Commission under section 26 (1) of the Act for first registration with possessory title (rule 20)

(Heading as in Form 1)

The Land Commission pursuant to section 26 (1) of the Act hereby apply for the first registration with possessory title of—insert name, address and description of person to be registered—as full owner of the property the particulars of which are specified in the Schedule hereto being the property shown on the Ordnance Survey map accompanying this application edged in thereon and numbered .

Dated the day of 19 .

(To be signed by the solicitor to the Commission).

Schedule

Part 1 Particulars of property

Coll. No.	County	Barony	Townland	Area

PART 2 Particulars of acquisition of property

Title of matter in which property sold	The tenancy of purchase as stated in his purchase agreement	Date and short particulars of vesting instrument i.e.,whether conveyance, vesting order, or fiat, and name of person in whom property was vested	Purchase money	Revised Annuity

Note—The certificate required by rule 20(2) is to be endorsed on the application.

FORM 5

Application for registration where title is based on possession (rules 17 and 46)

I, A.B., of make oath and say :—

(Jurat as in Form 1)

Schedule (where necessary)

Note (2)—This form may be adapted where application is made for registration under section 49 of the Act.

Note (1)—Where application is made under rule 17 or in respect of part of property in a folio under rule 46 a map of the property drawn on a section of an Ordnance Survey map should be lodged. The map should be referred to in the application as correctly showing the boundaries of the property.

Note (3)—In appropriate cases evidence will be required that the applicant is a " qualified person " or, if not, the written consent of the Land Commission will be required. (See section 45 of the Land Act, 1965 ).

FORM 6

Memorial for Registry of Deeds of the registration of property in the Land Registry (rule 29)

To the Registrar of Deeds.

A memorial of the registration in the Land Registry of the ownership of the person named in the first column of the Schedule hereto in the freehold property the particulars whereof are set out in the second column of said Schedule (or, in the leasehold interest under lease dated from AB to CD of the lands the particulars whereof are set out in the second column of the said Schedule for a term of years at a rent of £ ) (or, in a rentcharge of £ created by grant dated the from AB to CD out of the property the particulars whereof are set out in the second column of the said Schedule).

The ownership was registered on the day of 19 in the folio of the register of owners of freehold property (or, in the folio of the register of leasehold interests or, in the folio of the register maintained under section 8 (b) of the Act) specified in the third column of the said Schedule.

Dated the day of 19 .

Registry Seal.

Schedule

(1)	(2)	(3)
Name, address and description of registered owner	Townland, barony and county, or parish and town or city in which property is situate	Folio No. of register in which the ownership appears

FORM 7

Caution against first registration (rule 31 (1) )

Land Registry

To the Registrar of Titles.

Notice is to be given to A.B. of of any application that may be made for the registration of an owner of the property (or, the leasehold interest under lease dated from X to Y for years in the property, or, the rentcharge of £ created by grant dated from X to Y out of the property) in the county of specified in the Schedule hereto.

Dated the day of 19 .

(To be signed by A.B. or his Solicitor).

Schedule

(To contain particulars of the property by reference to a plan on an Ordnance Survey map, or, if the property is being sold in Land Commission Proceedings, by a reference to the Land Commission matter and the particulars of the property and of the purchasing tenant in that matter).

FORM 8

Caution against registration of dealings in favour of Agricultural Credit Corporation Limited on first registration or thereafter (rule 31 (2) )

LAND REGISTRY

To the Registrar of Titles.

Notice is to be given to A.B. of of any application for the registration of a dealing in favour of the Agricultural Credit Corporation Limited with the property (or, the leasehold interest under lease dated etc., in the property) in the County of specified in the Schedule hereto on or after the first registration thereof.

Dated the day of 19 .

(Execution and Schedule as in Form 7)

FORM 9

Affidavit of interest in support of caution against first registration, to be endorsed on caution (rule 31 (3))

Land Registry

I, A.B., of make oath and say :—

(Jurat as in Form 1)

FORM 10

Notice to cautioner of application for first registration (rule 32)

Land Registry,

Chancery Street, Dublin.

Sir, (or, Madam),

Take Notice that E.F., of has applied to be registered as owner of the property (or, leasehold interest, or, rentcharge) referred to in your caution lodged in the Land Registry on the day of If you intend to oppose his application, you are required to do so in writing sent to the Registrar at the above address before the expiration of 10 days from the service of this notice on you. If you do not oppose it, the application will be proceeded with.

Any objection by you to the application must state the grounds thereof.

Dated the day of 19 .

To A.B., of

FORM 11

Application for the conversion of possessory title registered for 30 years (rule 33)

Land Registry

County Folio

I, A.B., of the registered owner of the property referred to in paragraph 1 hereof make oath and say—

a. r. p.

of area described in Folio, of the register County .

or,

(I am the first registered owner of said property ; and prior to its purchase by me under the Land Purchase Acts, I was tenant of it for upwards of years and I have been in undisputed possession since the year ).

(Jurat as in Form 1)

FORM 12

Application for conversion of possessory title registered over 12 years, where the applicant claims under a transfer for valuable consideration registered not less than 12 years prior to the application (rule 34)

(Heading as in Form 11)

I, A.B., of , make oath and say—

(Jurat as in Form 1)

Form 13

Application for conversion of possessory title where the title to the tenancy existing prior to first registration has not been investigated by counsel (rule 36)

(Heading as in Form 11)

I, A.B., of make oath and say—

• (a) See rule 41 (a).

(State concisely the terms of the disposition that is the root of title, and the subsequent documents, facts, and events, that show the title claimed. Where the documents disclose any charge or other burden, proof must be given of its discharge, where its existence is not admitted).

(Jurat as in Form 1)

Note—An affidavit of discovery in Form 16 must also be filed before the possessory title is converted. It may be lodged with the evidence tendered in discharge of the rulings on title issued from the Registry. If desired, the averments of the affidavit of discovery may be incorporated in the application.

FORM 14

Application for conversion of possessory title where the title to the tenancy existing prior to first registration has been investigated by counsel (rules 36, 37)

(Heading as in Form 11)

I, A.B., of , make oath and say—

or,

I am the owner of the charge on the property from the registered owner thereof, which is lodged with this application (or, as the case may be).

(Jurat as in Form 1)

Note—See Note to Form 13.

FORM 15

Application by a statutory authority for the conversion of possessory title on a certificate of its solicitor where the compensation or purchase money does not exceed £900 (rule 35)

(Heading as in Form 11)

Dated the day of 19 .

Signature

FORM 16

Affidavit of discovery (rule 47)

(Heading as in Forms 1 or 11)

I, A.B., of make oath and say—

(Jurat as in Form 1)

Note—The averments of this affidavit may be incorporated in the application for first registration or application to convert a possessory title, etc., if desired.

FORM 17

Application by solicitor for registration of ownership, burdens or other entries, under documents presented by him (rule 57)

Land Registry

County Folio

To the Registrar of Titles.

*3. The Land Certificate (or, certificate of title or certificate of charge) now produced for the purposes of the registration(s) applied for was in the custody of the registered owner (or, A.B.) I apply that it be re-delivered to the transferee (or, transferor, or, to me as Solicitor for the transferee, or, the transferor, or, A.B., or, C.D., the Solicitor for A.B.).

Dated the day of 19 .

Signature of Solicitor

Schedule

(To contain a list of the documents delivered by the Solicitor for the purposes of the registration).

Note—If a Land Certificate has been issued and its production is required for the purpose of the registration (see rule 162), it must be lodged with the application, or an application under rule 164 in Form 94 for the production of the Land Certificate must be lodged (rule 59 (3)).

FORM 18

Summons to attend before Registrar (rule 208)

(Heading as in Forms 1 or 11 as the case may require)

You are hereby required to attend before me at the Land Registry, Chancery Street, Dublin at the hour of o'clock on the day of 19 , (a) (to be examined in relation to—state the purpose for which attendance is required) and/or ((b) to produce the document(s) specified in the Schedule hereto). If you wilfully neglect or refuse to attend in compliance with this summons, you will be liable for the penalty in that behalf prescribed by section 16 (6) of the Registration of Title Act, 1964 .

Dated the day of 19 .

Registry Seal Registrar of Titles.

Schedule (where necessary)

• (a) to be omitted if the attendance is only to produce documents.

• (b) to be omitted if the attendance is only for examination.

*omit if no certificate issued.

FORM 19

Transfer of freehold property by a registered full owner (rules 52, 69)

(Heading as in Form 11)

Transfer dated the day of 19 . A.B., the registered owner, in consideration of (the receipt of which is hereby acknowledged) hereby transfers all the property described in folio of the register County to C.D. The address of C.D., in the State for service of notices and his description are : (a)

It is hereby certified, etc. (b)

Signed, sealed and delivered (Signature of A.B.) by A.B. in presence of :—(Seal)

Note (1)—The relevant certificates required by the Finance Acts and the Land Act, 1965 , may be added to the Form in appropriate cases.

Note (2)—Where the transfer is on a sale, and the transferor claims a lien for unpaid purchase money, he must in order to protect the lien apply for its registration as a burden—see rule 126. Where the purchase money is paid the usual receipt clause may be embodied in the transfer.

Note (3)—For execution and the attestation of the execution of a transfer—see rules 54, 65.

Note (4)—Where desired, the covenants for title implied by the transferor transferring " as beneficial owner " or " as settlor " or " as mortgagee " may be incorporated by inserting these words in the transfer after the name of the transferor—see section 7 of the Conveyancing Act, 1881.

FORM 20

Affidavit of attesting witness (rule 54)

(Heading as in Form 11)

I, of , make oath and say—

(Jurat as in Form 1)

Note—Where the executing party is a marksman, it must be stated in this affidavit, or in the attestation clause to the deed, that the deed was read over to and understood by him.

FORM 21

Transfer of freehold property by a registered full owner, where the registered owner of a charge joins to release the charge (rules 52, 69)

(Heading as in Form 11)

Transfer dated the day of 19 . In consideration of pounds (£ ) paid, as to £ , to A.B., and as to £ , to E.F., (the receipt of which is hereby acknowledged).

• (a) give address and description.

• (b) See Note (1).

(Execution as in Form 19)

Note—See Note (1) to Form 19.

FORM 22

Transfer of part of freehold property by a registered full owner (rules 52, 69, 70)

(Heading as in Form 11)

As in Form 19 substituting for the words " all the property described in folio of the register County " the words " the part of the property described in folio of the register County specified in the Schedule hereto ".

Schedule

(To contain particulars of the part transferred and reference to the map thereof—see rule 56)

Note (1)—Where the property is part of an agricultural holding within the meaning of section 12 of the Land Act, 1965 , the consent of the Land Commission to the subdivision must be lodged in the Registry with the transfer—see rule 70.

Note (2)—See Note (1) to Form 19.

FORM 23

Voluntary transfer of freehold property by a registered full owner with a power of revocation (rules 52, 69)

(Heading as in Form 11)

Transfer dated the day of 19 . In consideration of the affection of A.B., the registered owner, for his C.B.—

(Execution by A.B. and C.B. as in Form 19)

Note (1)—A power of revocation in a transfer of the fee simple is only effective where the transfer is made by the limitation of a use under the Statute of Uses that can be revoked. The transfer must, therefore, be made by the registered owner to a third person to the use of the person to be registered as owner.

Note (2)—See Note (1) to Form 19.

• (a) See Note.

• (b) See Note (2).

FORM 24

Transfer of freehold property on a sale by a registered limited owner in exercise of his powers under the Settled Land Acts, the purchase money being paid to the trustees of the settlement (rules 62, 69)

(Heading as in Form 11)

Transfer dated the day of 19 . In consideration of pounds (£ ) paid to E. F., and G.H.—

(Execution by A.B., and the trustees as in Form 19).

Note (1).—See section 51 (1) of the Act and section 10 of the Settled Land Act, 1890.

Note (2).—See Note (1) to Form 19.

FORM 25

Transfer of freehold land by a registered owner of a charge in exercise of his Power of sale (rules 52, 69)

(Heading as in Form 11)

Transfer dated the day of 19. In consideration of pounds (£ ) paid to him (the receipt of which is hereby acknowledged) A.B., the registered owner of the charge registered on the day of 19 (or, at Entry No. ) in exercise of his power of sale hereby transfers all the property described in folio of the register County to C.D., discharged from the said charge and from all other burdens entered in the said folio of the register over which the said charge ranks in priority.

The address of C.D., in the State for service of notices and his description are—It is hereby certified, etc. (a).

(Execution as in Form 19)

Note (1).—On the registration of the transferee all registered burdens that rank in priority to the charge of the owner exercising his power of sale will be left on the register. All registered burdens ranking in priority after his charge will be cancelled.

Note (2).—This Form may be adapted to a sale by a person having any other statutory power of sale, or a power of sale registered as a burden.

Note (3).—See Note (1) to Form 19.

FORM 26

Transfer of freehold property by a registered full owner to two persons as joint tenants (rules 52, 69)

(Heading as in Form 11)

Transfer dated the day of 19 . In consideration of A.B., the registered owner, hereby transfers all the property described in folio of the register County to C.D., and E.F.

• (a) See Note (2).

• (a) See Note (3)

The address in the State of the transferees for service of notices and their description are—

It is hereby certified, etc. (a).

(Execution as in Form 19)

Note (1)—This Form should be used when it is intended that the property shall vest in the survivor of the transferees.

Note (2)—Where there is money consideration for the transfer a receipt clause should be incorporated in the transfer.

Note (3)—See Note (1) to Form 19.

FORM 27

Transfer of freehold property to two persons who are trustees for sale (rules 52, 69, 71)

(Heading as in Form 11)

Transfer dated the day of 19 . In consideration of

(Execution by the parties as in Form 19)

Note (1)—The trusts of the purchase money and of the property pending the sale should be declared by a separate deed to be retained by the trustees.

Note (2)—This Form may be used with an appropriate inhibition for the transfer of property by the personal representative of an owner to the trustees of a will, or for a transfer to trustees on any trusts. For inhibition see Form 88 and rule 137.

Note (3)—See Note (2) to Form 26.

Note (4)—See Note (1) to Form 19.

FORM 28.

Transfer of freehold property to two persons as tenants in common (rules 52, 67, 69)

(Heading as in Form 11)

As in form 26 adding after the letters "E.F." the words "as tenants in common in equal shares (or, in the following shares, as to C.D., two thirds, and as to E.F., one third, or, as the shares may be)".

Note (1)—This form should be used when the intention is that, on the death of each transferee, his share shall devolve on his personal representative.

Note (2)—See Notes to Form 26.

• (a) See Note (3).

• (a) See section 63 of Settled Land Act, 1882, and section 6 of Settled Land Act, 1884.

• (a) See Note (4).

FORM 29.

Transfer of freehold property by a registered owner creating rights in favour of himself and others (rules 52, 69)

(Heading as in Form 11)

Transfer dated the day of 19 . In consideration of , A.B., the registered owner, hereby transfers all the property described in folio of the register County to C.B., (a) subject to the following rights therein and thereover—

1.—(b) The right of A.B. and E.B. his wife, during their respective lives to the exclusive use and occupation of (insert particulars of the part of the property that the parties are to be exclusively entitled to during their lives, e.g., an exclusive use of a field or haggard. As regards an exclusive right of residence in a room or rooms, however, see note (1)).

3.—(d) A power for A.B., or his personal representative to charge the property with such sum or sums, not exceeding in all £ , as he may be called on to pay and shall pay within six years from the date hereof in discharge of any debts due by A.B., at that date.

5.—(e) C.B., hereby assents to the registration of the rights specified in paragraphs 1, 2, 3 and 4, hereof as burdens on the property (and hereby assents to the entry of the following inhibition : No registration under any disposition for value by the registered owner of the property specified in clause 1 hereof is to be made during the lives of A.B. and E.B. without their consent or the consent of the survivor of them).