S.I. No. 230/1972 - Land Registration Rules, 1972

S.I. No. 230 of 1972.

LAND REGISTRATION RULES, 1972.

WE, the Registration of Title Rules Committee, constituted pursuant to the provisions of section 73 of the Courts of Justice Act, 1936 , by virtue of the powers conferred upon us by section 126 of the Registration of Title Act, 1964 , with the concurrence of the Minister for Justice, do hereby make the following Rules.

Dated this 31st day of August, 1972.

MAURICE J. L. MacGOWAN

FRANCIS J. LANIGAN

DESMOND L. McALLISTER

I concur in the making of these Rules.

Dated this 19th day of September, 1972.

DESMOND O'MALLEY,

Minister for Justice.

CONTENTS

Subject Matter	Rule
PRELIMINARY
Commencement .. .. .. .. .. .. ..	1
Interpretation .. .. .. .. .. .. ..	2

PART I THE REGISTERS AND THE REGISTRY OFFICES

Form and contents of registers .. .. .. .. ..	3
Authentication, contents and cancellation of entries .. ..	4
Adjoining properties of an owner in two or more counties	5
Revision of folios of registers .. .. .. .. ..	6
Formal alterations of register and cancellation of determined entries .. .. .. .. .. ..	7
Correction of clerical and other errors .. .. .. ..	8
Revision of descriptions of property .. .. .. ..	9
Indexes .. .. .. .. .. .. .. ..	10
Closing of register in respect of charge .. .. .. ..	11
Duplicates of registers to be kept in local offices .. ..	12
Functions of local offices .. .. .. .. .. ..	13

PART II

FIRST REGISTRATION, CONVERSION OF POSSESSORY AND QUALIFIED TITLES, AND OTHER REGISTRATIONS INVOLVING EXAMINATIONS OF THE TITLE OF PERSONS TO UNREGISTERED INTERESTS IN REGISTERED PROPERTY

Application for first registration

Application for first registration .. .. .. .. ..	14
Documents to accompany application for registration of ownership of freehold property .. .. .. ..	15
Documents to accompany application for registration of ownership of leasehold interests and of rights (other than incorporeal hereditaments held in gross) .. ..	16
Application for first registration based on possession ..	17
Examination of title .. .. .. .. .. .. ..	18
Modification of examination of title .. .. .. ..	19
Application by Land Commission for registration with possessory title .. .. .. .. .. ..	20
Application by local authority under statutory powers for first registration of a purchaser .. .. .. ..	21
Documents to be lodged on registration procured by Land Commission .. .. .. .. .. .. ..	22
Transfers to registers of recorded property .. .. ..	23
Registration of recorded property .. .. .. ..	24
Entry of easement or profit á prendre as part of description of property registered .. .. .. .. .. ..	25
Property acquired under the Land Purchase Acts and on exchange .. .. .. .. .. .. ..	26
Notice of statutory restrictions .. .. .. .. ..	27
Entries relative to mines and minerals .. .. .. ..	28
Memorial for Registry of Deeds .. .. .. ..	29
Flat, floor, cellar, tunnel, mines and minerals; or foreshore ..	30
Cautions against first registration
Form of caution and affidavit in support of it .. .. ..	31
Time for objection and form of notice on cautioner .. ..	32
Conversion of possessory title into absolute title where the property has been purchased under the Land Purchase Acts
Application where ownership registered 30 years .. ..	33
Application where ownership registered 12 years under transfer for value .. .. .. .. .. .. ..	34
Application where property acquired by a statutory authority and purchase money does not exceed £8,000 .. ..	35
Other applications for conversion of possessory title .. ..	36
Examination of title to interests protected by registration with a possessory title .. .. .. .. .. ..	37
Conversion of possessory title into absolute title or good leasehold title where the property has not been purchased under the Land Purchase Acts
Conversion of registered title in cases under subsection (1) or (2) of section 50 of the Act .. .. .. ..	38
Notice, advertisement and enquiries before such conversions ..	39
Conversion of qualified title into absolute or good leasehold title
Application for conversion of qualified title .. .. ..	40
General provisions as to the conversion of possessory or qualified titles	General provisions as to the conversion of possessory or qualified titles
Notice of intended conversion to be given .. .. ..	41
How burdens ascertained entered on conversion .. ..	42
How register made conformable with titles ascertained ..	43
Issue of land certificate in substitution for deeds deposited as a lien .. .. .. .. .. ..	44
Other examinations of title
Other examinations of title outside register .. .. ..	45
Title acquired by possession to registered property
Title to registered property acquired by possession .. ..	46
General provisions relative to first registration and applications requiring an examination of title of unregistered interests	General provisions relative to first registration and applications requiring an examination of title of unregistered interests
Form of affidavit of discovery .. .. .. .. ..	47
Registration of tenants in common .. .. .. ..	48
Registration of trustee owner .. .. .. .. ..	49
Notice to be given of proposed registration .. .. ..	50
Date of registration .. .. .. .. .. ..	51

PART III DEALINGS WITH REGISTERED PROPERTY

General
Form of instruments .. .. .. .. .. ..	52
Applications or instruments in improper form .. .. ..	53
Evidence of execution of instruments .. .. .. ..	54
Evidence of execution of instruments by attorney .. ..	55
Identification of part of registered property transferred ..	56
Application by solicitor for registration of dealing .. ..	57
Evidence of the sealing of deeds .. .. .. .. ..	58
Presentation of dealing for registration .. .. .. ..	59
Dealings to be accompanied by prescribed fee .. .. ..	60
Priority of dealings received for registration .. .. ..	61
Notice in register of pending registration .. .. ..	62
Date of registration .. .. .. .. .. ..	63
Registrar may refuse registration or may require amendment of instrument or application in certain cases .. .. ..	64
Amendment of instrument and priority of amended instrument	65
Adjudication of sufficiency of stamp on instrument .. ..	66
Registration of a tenant in common .. .. .. ..	67
Registration of trustee owner .. .. .. .. ..	68
Transfers
Forms of transfer .. .. .. .. .. .. ..	69
Sub-division of property subject to restrictions .. .. ..	70
Registration of transferee who is a trustee .. .. ..	71
Registration under a transfer or vesting order on sale in execution of order of court .. .. .. .. .. ..	72
Effect of covenant to pay rent or indemnify may be noted in register .. .. .. .. .. .. .. ..	73
Registration of purchaser from personal representative of owner discharged from judgment mortgage on interest of beneficiary .. .. .. .. .. .. .. ..	74
Registration under a settlement .. .. .. .. ..	75
Registration under grant reserving rent .. .. .. ..	76
Registration of companies .. .. .. .. .. ..	77
Registration under transfer over-reaching estate or interest of registered owner .. .. .. .. .. ..	78
Notice of application for registration under transfer over reaching estate or interest of registered owner .. ..	79
Cancellation of burdens on transfer over-reaching the estate or interest of registered owner .. .. .. .. ..	80
Notice of cancellation of burdens on transfer over-reaching the estate or interest of registered owner .. .. ..	81
Registration of trustees or assignees of bankrupt owner; and re-registration of the owner .. .. .. .. ..	82
Registration of transferee of local authority under s. 6 of the Small Dwellings Acquisition Act, 1899, s. 11 (2) of the Housing (Loans and Grants) Act, 1962 , or s. 39 (5) or 107 (6) of the Housing Act, 1966 .. .. .. ..	83
Registration of local authority under s. 5 of the Small Dwellings Acquisition Act, 1899, s. 11 (4) of the Housing (Loans and Grants) Act, 1962 , s. 24 of the Labourers Act, 1936 , or s. 39 (5) or 107 (6) of the Housing Act, 1966 .. ..	84
Registration of dispositions of recorded property .. ..	85
Registration of new trustee of friendly society .. .. ..	86
Transmission on death before the 1st day of June, 1959, of a registered full owner of freehold property that did not vest in his personal representative	Transmission on death before the 1st day of June, 1959, of a registered full owner of freehold property that did not vest in his personal representative
Application for registration by a devisee of freeholds .. ..	87
Application for registration by heir, widow or husband of intestate freeholder .	88
Transmission on death occurring before the 1st day of June, 1959, of (a) a registered full owner of property that vested in his personal representative under Part IV of the Registration of Title Act, 1891, and (b) a registered full owner of a registered leasehold interest	Transmission on death occurring before the 1st day of June, 1959, of (a) a registered full owner of property that vested in his personal representative under Part IV of the Registration of Title Act, 1891, and (b) a registered full owner of a registered leasehold interest
Assent by personal representative to a devise; and application of devisee for registration .. .. .. .. ..	89
Transfer by personal representative to devisee or successor ....	90
Application for registration by a person other than the personal representative entitled on intestacy .. .. .. ..	91
Application for registration by personal representative entitled on intestacy .. .. .	92
Power of Registrar on a registration on transmission on death	93
Transmission on death of a registered full owner of property where the death occurs on or after the 1st day of June, 1959, and application for registration is made on or after the 1st day of January, 1967	Transmission on death of a registered full owner of property where the death occurs on or after the 1st day of June, 1959, and application for registration is made on or after the 1st day of January, 1967
Assent by personal representative on death testate to registration of person entitled; application of person entitled for registration .. .. .. .. .. .. ..	94
Transfer by personal representative on death testate to person entitled .. .. .. ..	95
Application for registration by a person, other than the personal representative, entitled on intestacy .. .. .. ..	96
Application for registration by personal representative entitled on intestacy .. .. .	97
Transmission on death of owner of charge or other burden	Transmission on death of owner of charge or other burden
Application for registration on death of registered owner of charge or other burden .. .. .. .. ..	98
Note of death of registered owner	Note of death of registered owner
Note of death of registered owner .. .. .. ..	99
Other transmissions	Other transmissions
Application for registration of successor of limited owner ..	100
Application for registration by survivors or survivor of joint tenants .. .. .. ..	101
Court orders	Court orders
Registration pursuant to court order .. .. .. ..	102
Burdens generally	Burdens generally
The assent to registration of burdens that is to be given by persons other than the owner .. .. .. ..	103
How assent to registration of burden is to be given .. ..	104
How burden may be entered .. .. .. .. ..	105
Owner of burden not entitled to custody of certificate of owner of the property	106
Note in register where statutory priority for burden claimed ..	107
Instrument creating two or more burdens and priority thereof	108
Note in register on registration of charge actually raised under a settlement .. .	109
Note in register on registration of voluntary burden where a certificate has been issued .. .. .. .. ..	110
Evidence on which a burden may be cancelled or modified ..	111
Where burden may be cancelled as extinguished .. ..	112
Charges	Charges
Forms of charge, transfer of charge and release .. ..	113
Registration of charge created by a company .. .. ..	114
Sub-charges .. .. .. .. .. .. .. ..	115
Meaning of "future advances" in register and the registration of a charge for same .. .. .. .. ..	116
Dealing with mortgage created prior to first registration where registered .. ..	117
Judgment mortgages	Judgment mortgages
Registration of affidavit of judgment mortgage .. ..	118
Evidence on entry of notice of deposit of affidavit of judgment	119
Notice of deposit of affidavit .. .. .. .. ..	120
Application to cancel notice of deposit of affidavit on grounds of invalidity of judgment mortgage .. .. .. ..	121
Cancellation of notice of deposit of affidavit of judgment validly registered .. .	122
Other burdens	Other burdens
Lease .. .. .. .. .. .. .. ..	123
Rentcharge .. .. .. .. .. .. .. ..	124
Power to charge and trust to raise money .. .. ..	125
Lien for unpaid purchase money .. .. .. .. ..	126
Judgment or order of court .. .. .. .. ..	127
Lis pendens .. .. .. .. .. .. .. ..	128
Recognisances, bonds and judgments .. .. .. ..	129
Easement or profit á prendre .. .. .. .. ..	130
Cautions and inhibitions against registration of dispositions	Cautions and inhibitions against registration of dispositions
Form of caution, affidavit or certificate in support and notice ..	131
Warning notice to cautioner .. .. .. .. ..	132
Application by registered owner for discharge of caution ..	133
Procedure on appearance by cautioner to a warning notice ..	134
Withdrawal of caution or consent of cautioner to dealing ..	135
Lapse of caution .. .. .. .. .. .. ..	136
Form of inhibition .. .. .. .. .. .. ..	137
Entry of inhibition on consent .. .. .. .. ..	138
Application for inhibition where there is no consent ..	139
Procedure on application for inhibition .. .. .. ..	140
Procedure on objection to inhibition .. .. .. ..	141
Modification or discharge of registered inhibition .. ..	142
Application in anticipation of dealing inhibited without Registrar's order or approval .. .. .. .. ..	143
Procedure on lodgment of dealing inhibited without notice to specified persons	144
Inhibition under order of court .. .. .. .. ..	145
Other entries	Other entries
Entry of notice of burdens that affect without registration ..	146
Entry of notice of exemption from burden under section 72 of the Act .. .. ..	147
Entry of conclusiveness of a boundary of property .. ..	148
Entry of boundary ascertained by Land Judge's conveyance ..	149
Entry of boundary by agreement .. .. .. ..	150
Settlement of boundary on transfer .. .. .. ..	151
Entry of name of new trustee of a settlement .. .. ..	152
Removal of description of infancy .. .. .. ..	153
Entry in register on conversion of a registered renewable lease ..	154

PART IV MISCELLANEOUS

Land certificates	Land certificates
Form and contents of land certificate .. .. .. ..	155
Certificates of charge	Certificates of charge
Form of certificate of charge in certain cases .. .. ..	156
Form and contents of certificate of charge .. .. ..	157
Certificates generally	Certificates generally
Certificates already issued .. .. .. .. .. ..	158
Certificate not to certify ownership of burdens .. .. ..	159
Authentication of entry on certificate .. .. ..	160
The date of issue of certificate .. .. .. .. ..	161
Production of a certificate on registration .. .. ..	162
Production of certificate of charge on sale by owner of charge ..	163
Application for order for production of certificate .. ..	164
Power to dispense with production of certificate in certain cases	165
On registration of dealing, certificate to be made conformable with register or substitute certificate issued .. ..	166
Power to issue new certificate in certain cases .. .. ..	167
Deposit in Registry of certificate for specified registrations ..	168
Certificate containing unofficial entries to be cancelled ..	169
Power to issue new certificate where certificate lost and to dispense with certificate of charge .. .. .. ..	170
Record to be kept of outstanding certificates .. .. ..	171
Note of issue of certificate to be made in register .. ..	172
Authorised statements on certificates .. .. ..	173
Registry maps	Registry maps
Registry maps .. .. .. .. .. .. ..	174
Contents of registry maps .. .. .. .. .. ..	175
Revision of descriptions in registers and revision of maps ..	176
Infants	Infants
Persons who may represent infants .. .. .. ..	177
Appointment of person to represent infant .. .. ..	178
Persons of unsound mind	Persons of unsound mind
Appointment of person to represent person of unsound mind ..	179
Deeds and documents	Deeds and documents
Lodgment of documents subject to lien .. .. .. ..	180
Documents that are to be retained in Registry and that may be delivered or destroyed .. .. .. .. ..	181
Delivery of documents relating to unregistered property ..	182
Endorsement of documents delivered .. .. .. ..	183
Delivery of documents to solicitor for production in court or for taxation purposes .. .. .. .. ..	184
Transmission of documents to court .. .. .. ..	185
Application for transmission of document to a local registrar ..	186
Local registrar custodian of document transmitted .. ..	187
Inspection of documents	Inspection of documents
Inspection of filed documents and obtaining copies thereof ..	188
Inquiries prior to inspection .. .. .. .. ..	189
Searches in the registers and registry maps	Searches in the registers and registry maps
Official search .. .. .. .. .. .. ..	190
Priority search .. .. .. .. .. .. ..	191
Effect of priority search .. .. .. .. .. ..	192
Entry under section 108 of the Act .. .. .. ..	193
Priority where two or more certificates are issued .. ..	194
Solicitor or other person not liable for error in official search ..	195
Application by telegram or telephone for search .. ..	196
Replies to application for search by telegram or telephone ..	197
Searches by public .. .. .. .. .. .. ..	198
Proceedings in the Registry	Proceedings in the Registry
Proceedings not to abate .. .. .. .. .. ..	199
Evidence in proceedings .. .. .. .. .. ..	200
Affidavits and statutory declarations in proceedings .. ..	201
Form of notices issued .. .. .. .. .. ..	202
Service of notices .. .. .. .. .. .. ..	203
Service through the post .. .. .. .. .. ..	204
Procedure on return of notice sent by post .. .. ..	205
Personal service of notice, summons or order .. .. ..	206
How questions determined .. .. .. .. ..	207
Summons by Registrar .. .. .. .. .. ..	208
Powers of Registrar under sections 16 and 94 of the Act ..	209
Costs of proceedings before Registrar .. .. .. ..	210
Enforcement of order for costs .. .. .. .. ..	211
Recording of decisions of Registrar .. .. .. ..	212
Reference of questions to court .. .. .. .. ..	213
General powers of Registrar .. .. .. .. ..	214
Power to treat proceedings as abandoned .. .. ..	215

PART V COMPENSATION PAYABLE OUT OF THE CENTRAL FUND

To whom application for compensation is to be made..	216
Contents of application for compensation.. .. ..	217
Service of application on parties interested.. .. ..	218
Notice to admit or dispute claim to be given by Minister for Finance.. .. .. .. .. .. .. ..	219
Where claim admitted, order allowing compensation to be made.. .. .. .. .. .. .. ..	220
Procedure on application for compensation if claim is disputed	221
Hearing and determination of claim by Registrar.. ..	222

PART VI REGISTRATIONS IN THE REGISTER MAINTAINED UNDER SECTION 8 (b) OF THE ACT; AND EXCHANGES OF HOLDINGS UNDER SECTION 46 of THE LAND ACT, 1923 .

Register under section 8 (b) of the Act to be kept in central office only.. .. .. .. .. .. ..	223
Rights in land which may be registered.. .. .. ..	224
Incorporeal hereditaments held in gross .. .. ..	225
Application of the Act to incorporeal hereditaments held in gross.. .. .. .. .. .. ..	226
Application of the Act to rights other than incorporeal hereditaments held in gross.. .. .. .. .. ..	227
Exchanges under section 46 of the Land Act, 1923 .. ..	228
Effect of registration on exchange.. .. .. ..	229
Registration with possessory title.. .. .. .. ..	230
Notices to be given.. .. .. .. .. .. ..	231

PART VII SOLICITORS' COST

Interpretation.. .. .. .. .. .. ..	232
Orders of 1884 and 1960, as varied, to apply.. .. ..	233
Sales, purchases and charges.. .. .. .. ..	234
Leases and fee-farm grants.. .. .. .. ..	235
Other business.. .. .. .. .. .. ..	236
Rescission of rule 11 of Part I of Schedule I to the Order of 1884	237
Meaning of "value" in Parts IV and V of the Schedule of Costs	238
Taxation.. .. .. .. .. .. .. ..	239
Certain amendments of Order of 1960 not to apply.. ..	240
Instruction fee.. .. .. .. .. .. ..	241
Amendment.. .. .. .. .. .. .. ..	242

SCHEDULE OF COSTS

PART I

Scale of charges on sales, purchases and mortgages

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)

PART III

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

PART IV

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

PART V

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

PART VI

Judgment mortgages—

costs payable under rule 121 (6) of these Rules

PART VII

Certificates—

costs of proceedings under rule 164 (5)

Subject Matter	Form

SCHEDULE OF FORMS

First registration, title by possession etc.

Application for first registration of freehold property.. ..	1
Application for first registration of leaseholds and of rights (other than incorporeal hereditaments held in gross)..	2
Application for first registration where the purchase money of or compensation for the property does not exceed £8,000	3
Application by Land Commission under section 26 (1) of the Act for first registration with possessory title.. ..	4
Application for registration where title is based on possession	5
Memorial for Registry of Deeds of the registration of property in the Land Registry.. .. .. .. .. ..	6
Caution against first registration.. .. .. .. ..	7
Caution against registration of dealings in favour of Agricultural Credit Corporation Limited on first registration or thereafter.. .. .. .. .. .. ..	8
Affidavit of interest in support of caution against first registration to be endorsed on caution.. .. .. .. ..	9
Notice to cautioner of application for first registration..	10
Conversion of possessory titles	Conversion of possessory titles
Application for the conversion of possessory title registered for 30 years.. .. .. .. .. .. .. ..	11
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.. .. .. .. ..	12
Application for conversion of possessory title where the title to the tenancy existing prior to first registration has not been investigated by counsel.. .. .. .. ..	13
Application for conversion of possessory title where the title to the tenancy existing prior to first registration has been investigated by counsel.. .. .. .. ..	14
Application for the conversion of possessory title on a certificate of solicitor where compensation purchase money or value does not exceed £8,000.. .. .. .. ..	15
Affidavit of discovery.. .. .. .. .. ..	16
Dealings with registered property	Dealings with registered property
(a) General	(a) General
Application by solicitor for registration of ownership, burdens or other entries, under documents presented by him..	17
Summons to attend before Registrar.. .. .. ..	18
(b) Transfers	(b) Transfers
Transfer of freehold property by a registered full owner..	19
Affidavit of attesting witness.. .. .. .. ..	20
Transfer of freehold property by a registered full owner, where the registered owner of a charge joins to release the charge	21
Transfer of part of freehold property by a registered full owner	22
Voluntary transfer of freehold property by a registered full owner with a power of revocation.. .. .. ..	23
Transfer of freehold property on a sale by a registered limited owner in exercise of his power under the Settled Land Acts, the purchase money being paid to the trustees of the settlement.. .. .. .. .. .. .. ..	24
Transfer of freehold property by a registered owner of a charge in exercise of his power of sale.. .. .. ..	25
Transfer of freehold property by a registered full owner to two persons as joint tenants.. .. .. .. ..	26
Transfer of freehold property to two persons who are trustees for sale.. .. .. .. .. .. .. ..	27
Transfer of freehold property to two persons as tenants in common.. .. .. .. .. .. ..	28
Transfer of freehold property by a registered owner creating rights in favour of himself and others.. .. ..	29
Settlement of freehold property by a registered full owner on the marriage of his child.. .. .. .. ..	30
Transfer by a registered full owner of a leasehold interest..	31
Transfer by a registered full owner of a rentcharge.. ..	32
Application by a local authority to be registered as owner of property vested in it under section 5 of the Small Dwellings Acquisition Act, 1899, section 24 of the Labourers Act, 1936 , section 11 (4) of the Housing (Loans and Grants) Act, 1962 , or section 39 (5) or 107 (6) of the Housing Act, 1966 .. .. .. .. .. .. .. ..	33
(c) Transmissions on deaths before the 1st June, 1959	(c) Transmissions on deaths before the 1st June, 1959
Application for registration by a devisee of a registered full owner of freehold property that did not vest in his personal representative .. .. .. .. .. .. ..	34
Notice to the personal representative of a deceased registered full owner of an application for registration by a devisee of freehold property that did not vest in the personal representative of the owner.. .. .. .. ..	35
Application for registration by the heir, widow or husband of an intestate full registered owner of freehold property that did not vest in his personal representative.. .. ..	36
Assent by personal representative to a devise to another entitled thereto in the case of deaths before the 1st June, 1959	37
Application by a devisee entitled for registration as full owner of property on the assent of the personal representative in the case of death before the 1st June, 1959.. ..	38
Application by a devisee entitled as tenant for life, or as having the powers of a tenant for life, for registration as limited owner on the assent of the personal representative in the case of death before the 1st June, 1959.. .. ..	39
Application by trustee devisees for registration as full owners of property on the assent of the personal representative in the case of death before the 1st June, 1959.. ..	40
Application by a person entitled as sole devisee for registration as owner of property that is vested in him as sole personal representative in case of death before the 1st June, 1959	41
Application by one or more personal representatives to whom property is devised upon trust for sale or other trusts requiring his/their registration in the case of death before the 1st June, 1959.. .. .. .. .. ..	42
Transfer of property of a testate registered full owner by his personal representative to a devisee entitled in case of death before the 1st June, 1959.. .. .. .. ..	43
Transfer of property of a testate registered full owner by his personal representative, at the direction of trustee devisees, to a beneficiary who has become entitled under the trusts of the will in case of death before the 1st June, 1959 ..	44
Affidavit by personal representative (1) of a testate full owner relative to burdens or other rights created by the will of the testator in case of death before the 1st June, 1959
or
(2) in the case of property subject to Part IV of the 1891 Act only, in respect of which the registered owner has died intestate, relative to the persons by law entitled to the property on the intestacy in case of death before the 1st June, 1959.. .. .. .. .. .. ..	45
Transfer of property (subject to Part IV of the 1891 Act) of an intestate registered full owner by his personal representative to the person entitled under the intestacy in case of death before the 1st June, 1959.. .. .. ..	46
Application for registration by a person who is personal representative and who claims to be entitled to property (subject to Part IV of the 1891 Act) of an intestate owner in the case of death before the 1st June, 1959 .. .. ..	47
(d) Transmissions on deaths on or after the 1st June, 1959
Assent by personal representative(s) to the registration of a person entitled as full owner where a registered owner dies testate on or after the 1st June, 1959 .. .. ..	48
Assent by personal representative(s) to the registration of a person entitled as limited owner where a registered full owner dies testate on or after the 1st June, 1959 .. ..	49
Application by a person who claims to be entitled to be registered as full owner on the assent of the personal representative(s) where a registered full owner dies testate on or after the 1st June, 1959 .. .. .. .. .. ..	50
Application by a person who claims to be entitled to be registered as limited owner on the assent of the personal representative(s) where a registered full owner dies testate on or after the 1st June, 1959.. .. .. .. .. .. ..	51
Application by trustees for registration as full owners of property on the assent of the personal representative(s) where a registered full owner dies testate on or after the 1st June, 1959 .. .. .. .. .. ..	52
Application for registration by a personal representative who claims to be entitled to be registered as full owner on the death testate of a registered full owner on or after the 1st June, 1959 .. .. .. .. .. .. ..??/	53
Application by one or more personal representatives to whom property is devised upon trust for sale or other trusts requiring his/their registration on the death testate of a registered full owner on or after the 1st June, 1959.. ..	54
Transfer by the personal representative(s) to a person entitled to be registered as full owner where a registered full owner dies testate on or after the 1st June, 1959 .. .. ..	55
Transfer by the personal representative(s) to a person entitled to be registered as a limited owner where a registered full owner dies testate on or after the 1st June, 1959 .. ..	56
Assent by personal representative(s) to the registration of a person entitled as full owner where a registered full owner dies intestate on or after the 1st June, 1959.. ..	57
Assent by personal representative(s) to the registration of a person entitled as limited owner where a registered full owner dies intestate on or after the 1st June, 1959..	58
Application for registration by a person who claims to be entitled to be registered as full owner where a registered full owner dies intestate on or after the 1st June, 1959 ..	59
Application for registration by a person who claims to be entitled to be registered as limited owner on the assent of the personal representative(s) where a registered full owner dies intestate on or after the 1st June, 1959.. ..	60
Transfer by the personal representative(s) to a person entitled to be registered as full owner where a registered full owner dies intestate on or after the 1st June, 1959..	61
Transfer by the personal representative(s) to a person entitled to be registered as limited owner in pursuance of a settlement where a registered full owner dies intestate on or after the 1st June, 1959.. .. .. .. .. ..	62
Application for registration by a personal representative who claims to be entitled to be registered as full owner on the death intestate of a registered full owner on or after the 1st June, 1959 .. .. .. .. .. .. ..	63
Determination of Limited Ownership	Determination of Limited Ownership
Application for registration as owner by a person entitled on the determination of the estate or interest of a registered limited owner— (1) where the settlement was created by the will of a registered owner who died on or after the 1st June, 1959 and registration of the limited owner thereunder is made after the commencement of the Succession Act, 1965 , or (2) where the settlement was created by the personal representative and the persons claiming on the death of a registered owner who died on or after the 1st June, 1959 and registration of the limited owner is effected after the commencement of the Succession Act, 1965 .. .. ..	64
Application for registration as owner by a person entitled on the determination of the estate or interest of a registered limited owner in all cases where Form 64 is not appropriate, e.g., (1) where the settlement was created by deed by a registered owner; (2) where the settlement was created by the personal representative and the persons claiming on the death of a registered owner and registration of the limited owner was effected prior to the commencement of the Succession Act, 1965 ; (3) where the settlement was created by the will of a registered owner and registration of the limited owner was effected prior to the commencement of the Succession Act, 1965 ; or (4) where the settlement was created (a) by the will of a registered owner who died prior to the 1st June, 1959 or (b) by the personal representative and the persons claiming on the death of such a registered owner and registration of the limited owner is effected after the commencement of the Succession Act, 1965 .. .. .. .. ..	65
Charges, judgment mortgages and other burdens, and discharges	Charges, judgment mortgages and other burdens, and discharges
Assent to the registration of a burden .. .. .. ..	66
Charge for a principal sum.. .. .. .. ..	67
Charge for future advances.. .. .. .. ..	68
Charge by personal representative for moneys that he is liable to pay as personal representative.. .. .. ..	69
Transfer of charge.. .. .. .. .. .. ..	70
Requisition for discharge of a charge by its registered owner	71A
Requisition for discharge of a charge where its registered owner does not concur.. .. .. .. .. .. ..	71B
Charge by way of annuity	72
Grant of perpetual rentcharge out of freehold property	73
Entry to be made in the register on deposit in the Registry of an affidavit of judgment as a judgment mortgage.. .. .. .. ..	74
Notice of the deposit in the Registry of an affidavit of judgment as a judgment mortgage.. .. .. .. ..	75
Requisition by a judgment creditor for the discharge in the register of an entry of a notice of deposit of an affidavit of judgment as a mortgage.. .. .. .. ..	76
Requisition for registration of a lis pendens as a burden..	77
Entry of lis pendens in the register.. .. .. ..	78
Entry of recognisance in the register.. .. .. ..	79
Grant of a right of way by registered full owner of property for the benefit of other registered property.. .. ..	80
Cautions and inhibitions	Cautions and inhibitions
Requisition for caution against dealings by a registered owner	81
Affidavit in support of caution.. .. .. .. ..	82
Notice to owner of entry of caution.. .. .. ..	83
Warning notice to cautioner of dealing lodged.. .. .. ..	84
Warning notice to cautioner of an application by the registered owner to discharge caution.. .. .. .. ..	85
Application by cautioner for withdrawal of caution .. ..	86
Application to the Registrar for the entry of an inhibition in a register.. .. .. .. .. .. .. ..	87
Forms of inhibition.. .. .. .. .. ..	88
Notice of an application for the entry of an inhibition ..	89
Application to the Registrar for the discharge or modification of an inhibition on consent.. .. .. .. ..	90
Application to the Registrar for the discharge or modification of an inhibition, where parties do not consent.. ..	91
Land certificates and certificates of charge	Land certificates and certificates of charge
Land certificate: Form of certification.. .. .. ..	92
Certificate of charge.. .. .. .. .. ..	93
Application for order for production of land certificate or certificate of charge .. .. .. .. .. ..	94
Notice to accompany a certificate deposited in the Registry for the purpose of a specified registration.. ..	95
Official receipt for a certificate deposited in the Registry for a specified registration.. .. .. .. .. ..	96
Notice of lodgment of deeds in the Registry subject to a lien thereon.. .. .. .. ..	97
Application for the transmission of a filed instrument to a local registrar for production in court.. .. ..	98
Searches	Searches
Requisition for official search in the names index.. ..	99
Requisition for official search for the registration of the ownership of a specified parcel of property in the register of ownership of freehold land or in the register of ownership of leasehold interests, or of any right the ownership of which is registered in the register maintained under section 8 (b) of the Act.. .. .. .. .. .. ..	100
Requisition for official search in a register for entries since first registration.. .. .. .. .. ..	101
Certificate of result of official search in names index.. ..	102
Certificate of result of official search for the registration of the ownership of specified property or for entries in a register .. .. .. .. .. .. .. ..	103
Application for official search pursuant to section 108 of the Act in respect of all the property registered in a folio.. .. .. .. .. .. .. ..	104
Certificate of result of official search made pursuant to section 108 of the Act in respect of all the property registered in a folio..	104A
Application for official search pursuant to section 108 of the Act in respect of part of the property registered in a folio..	105
Certificate of result of official search made pursuant to section 108 of the Act in respect of part of the property registered in a folio.. .. .. .. .. .. ..	105A
Inhibition to be entered pursuant to section 108 of the Act ..	106
Compensation	Compensation
Application for compensation out of the Central Fund under section 120 of the Act.. .. .. .. ..	107
Notice of hearing of a claim for compensation under section 120 of the Act..	108

PRELIMINARY

1 Commencement.

1.

1. (1) These Rules shall come into operation on the 2nd day of October, 1972 and may be cited as the Land Registration Rules, 1972.

• (2) The Land Registration Rules, 1966, and the Land Registration (Solicitors' Costs) Rules, 1970, are hereby rescinded.

2 Interpretation.

2.

2. (1) In these Rules—

"the Act" means the Registration of Title Act, 1964 ; and words or expressions defined in the Act have the same meaning as in the Act, where the context so admits;

"the Act of 1891" or the "1891 Act" means the Registration of Title Act, 1891;

"the Registry" means the Land Registry;

"the Registrar" means the Registrar of Titles;

"local registrar" means the county registrar of a county acting as a registering authority by virtue of section 10 of the Act;

"Form" or "Forms" means a form or the forms in the Schedule of Forms;

"property" includes land, and any estate, leasehold interest, incorporeal hereditament, or other right, in or to land, the ownership of which is or may be registered in the registers established by the Act;

"local authority" includes a county council, county or other borough council, urban district council, the commissioners of any town, and any public body or person established by or in pursuance of any statute to perform any of their functions;

"possessory title" includes a title deemed under the Act or under these Rules to be possessory;

"prescribed fee" means the appropriate registration fee fixed by the Minister for Justice by order under section 14 of the Act.

• (2) The Interpretation Act, 1937 , shall apply for the purpose of the interpretation of these Rules as it applies for the purpose of the interpretation of an Act of the Oireachtas, except so far as it may be inconsistent with the Act or with these Rules.

PART ITHE REGISTERS AND THE REGISTRY OFFICES

3 Form and contents of registers.

3.

3. (1) The registers shall be kept in folios. Every folio shall bear a distinguishing number and shall be authenticated by the Registry seal being affixed thereto. Every folio of a register hereafter to be opened shall consist of three parts.

• (2) There shall be entered in the first part of a folio—

• (a) a description of the property the ownership of which is registered, with a reference to the plan on the registry maps of the land affected;

• (b) such entries as are authorised by the Act or these Rules relative to—

• (i) easements and rights for the benefit of the property;

• (ii) the inclusion of mines and minerals in, or their exclusion from, the property;

• (iii) the boundaries of the property;

• (iv) at the Registrar's discretion, Land Commission references and notes regarding issue of land certificates and copy maps

• (3) There shall be entered in the second part of a folio—

• (a) the name and description of the owner of the property and his address in the State for service of notices;

• (b) such entries as are necessary relative to—

• (i) the classes of owners and titles that are registered pursuant to sections 27 and 33 or 40 of the Act;

• (ii) the devolution of the property;

• (iii) the matters referred to in sections 91, 99 and 101 of the Act;

• (iv) the issue of land certificates;

• (c) cautions and inhibitions restricting the registration of dispositions of the property;

• (d) a note under section 61 (6) (b) of the Act of the death of the registered owner and of the names of his personal representatives.

• (4) There shall be entered in the third part of a folio—

• (a) the burdens the registration of which is authorised by section 69 of the Act;

• (b) (i) the ownership of a registered charge, where it is not registered in the register maintained under section 8 (b) of the Act and, where the Registrar permits, sub-charges on a registered charge and their ownership;

• (ii) such entries as are necessary relative to the issue of certificates of charge;

• (c) notice of the exemption from or existence of the burdens specified in Section 72 (2) of the Act;

• (d) cautions and inhibitions against registration of dealings with a registered burden the ownership of which is not registered in the register maintained under section 8 (b) of the Act.

• (5) A plan of the property comprised in a folio may be filed in the Registry by being attached to part 3 of the folio.

• (6) All existing folios of the registers shall be revised in accordance with the foregoing provisions of this rule whenever the Registrar considers such revision expedient.

4 Authentication contents and cancelations of entries.

4.

4. (1) Entries and cancelations of entries in a folio of a register shall be authenticated in such manner as the Registrar shall direct.

• (2) Every entry shall be clearly expressed and shall state with precision the particular property or interest in the property that it is intended to affect; and no entry shall refer to matters that are not the subject of registration under the Act.

• (3) Cancellation of an entry shall be made so that the entry shall remains legible.

5 Adjoining properties of an owner in two or more counties.

5.

5. (1) Where a registered owner of property in a county is the registered owner of adjoining property situate in another county, registration of his ownership of the property in either county and of the burdens thereon may, for the purpose of saving expense and facilitating transactions therewith, be made by reference to its registration in the folio of the property in the other county.

• (2) Where registration by reference is so made, the folio in which the ownership and burdens are entered shall contain a description of all the property of which the ownership is registered therein.

6 Revision of folios of registers.

6.

6. (1) The Registrar on an application by the registered owner or when he thinks it practicable or desirable, may clear the title to property entered in a folio of a register by closing it and opening a revised folio for the property containing the subsisting entries only. He may, in doing so, make any re-arrangement conducive to clarity, including the entry of the property in two or more folios, or the entry of property on two or more folios in one folio, or the altering of the number of a folio. On the completion of the revision of the folio notification shall be sent to the registered owner (or his Solicitor) of the revised folio number.

• (2) The Registrar may order any person in whose custody a land certificate or certificate of charge may be to produce it to him for the purposes of the revision, which shall be deemed to be a dealing with the property that can be effected without the consent of the person having the custody of the certificate, and the provisions of section 105 (3) of the Act shall apply to any certificate so produced.

• (3) Any person inspecting a revised folio of a register may inspect the closed folio or folios for which it is substituted or the record thereof maintained in the Registry.

7 Formal alterations of register and cancellation of determined entries.

7.

7. The Registrar may, at any time, after such inquiries and notices (if any) as he may consider proper and upon such evidence as he shall consider satisfactory, make any formal alterations in a register or withdraw from a register by cancellation thereof any burden, notice or entry that he is satisfied no longer affects or relates to the property.

8 Correction of clerical and other errors.

8.

8. (a) Where a clerical error is discovered in a register or registry map, the Registrar may, after giving any notices and obtaining any evidence or assent that he may deem proper, make the necessary correction.

• (b) Any other error in a register or registry map originating in the Registry may be corrected with the consent of the registered owner of the property (or his solicitor) which is affected by such error or correction and of such other persons as appear to the Registrar to have an interest.

9 Revision of descriptions of property.

9.

9. The description of property in the registers shall be revised by the Registrar from time to time and made conformable with its description on the registry map as and when revised.

10 Indexes.

10.

10. (1) There shall be maintained in the Registry an index of names and an index of lands.

• (2) The index of names shall contain the name and address of every registered owner of freehold land, a leasehold interest or a right in the register maintained under section 8 (b) of the Act and a reference to the folio of the register in which his ownership is entered.

• (3) The index of lands shall contain the identification references on the registry map to every parcel of land of which the ownership is registered in the register of owners of freehold land, or on or out of which the ownership of a leasehold interest or an incorporeal hereditament is registered in the register of leasehold interests or in the register maintained under section 8 (b) of the Act, and a reference to the folio of the register in which the ownership is entered.

• (4) The index of names kept in a local office shall not include the names of the registered owners of rights in the register maintained under section 8 (b) of the Act; and the index of lands shall not be kept in a local office.

11 Closing of register in respect of charges.

11.

11. A requisition by an owner of a charge registered in the register maintained under section 8 (b) of the Act to close such register in respect of such charge for the purpose of having the ownership registered in the register of the property charged shall be made in writing by the registered owner or his solicitor and shall be accompanied by consents of all persons appearing from the register to have any interest in the charge.

12 Duplicates of registers to be kept in local offices.

12.

12. Duplicates of the register of ownership of freehold land and the register of ownership of leasehold interests in a county shall be kept and maintained in the local office of the county.

13 Functions of local offices.

13.

13. (1) There shall be kept in each local office such books, forms and files, for the transaction of the business of the office, as the Registrar may from time to time direct.

• (2) Each local registrar shall be responsible for—

• (a) the registration in the registers of his office of the entries therefor transmitted from the central office;

• (b) the maintenance of the registers and indexes of his office;

• (c) the safe custody of the registers and other records of his office, the inspection and delivery of copies thereof where such inspection or delivery is authorised by these Rules, the assessment and collection of the prescribed fee for an inspection made or copy delivered and the fees so collected;

• (d) the receipt in accordance with these Rules of documents that may be received in his office for the purposes of a registration, the assessment and receipt of the prescribed fee for the transaction for which the document is presented and the transmission to the central office within the prescribed time of the documents and fee so received.

PART II FIRST REGISTRATION, CONVERSION OF POSSESSORY AND QUALIFIED TITLES, AND OTHER REGISTRATIONS INVOLVING EXAMINATIONS OF THE TITLE OF PERSONS TO UNREGISTERED INTERESTS IN REGISTERED PROPERTY

Application for first registration.

14 Applications for first registration.

14.

14. (1) Every application for first registration of ownership under the Act, except an application under rule 17, 19 (3), 19 (4), 20 (1), 21 or 22, shall be by application in Form 1 or 2, as the case may require.

• (2) Subject to paragraph (3), every application or instrument for first registration of ownership which is sent to or lodged in the Registry (other than one in respect of which it is provided by statute that no fee shall be payable) shall be accompanied by the prescribed fee.

• (3) In any case in which registration is compulsory—

• (a) an application or instrument unaccompanied by the prescribed fee for the registration applied for may be received for registration, if accompanied by an undertaking in writing by a solicitor to pay the prescribed fee, or, if the application is made by the applicant in person, by such deposit as the Registrar may direct in addition to an undertaking in writing by the applicant to pay the prescribed fee;

• (b) no registration shall be made under an application or instrument sent or delivered without the prescribed fee until the fee is paid. If the fee is not paid within one month of the receipt of the application or instrument, the proceedings shall be treated as abandoned and the documents lodged by the applicant shall be re-delivered to him.

15 Documents to accompany application for registration of ownership of freehold property.

15.

15. (1) An application for registration of the ownership of freehold property to which rules 19 (3), 19 (4), 20 (1), 21 or 22 does not apply, shall, unless the Registrar otherwise directs, be accompanied by

• (a) a concise statement of the title giving in chronological order a summary of the documents and the events and facts on which the applicant's claim to the property is based,

• (b) all original deeds and all documents in the applicant's possession, or under his control, relating to the property, including opinions of counsel, abstracts of title, contracts for and conditions of sale, searches, requisitions and replies, and other like documents, and the evidence by affidavit, statutory declaration, or otherwise, proving the facts stated and necessary to be proved to establish the title,

• (c) a plan of the property the ownership of which is sought to be registered, or of the property affected by the incorporeal hereditaments the ownership of which is sought to be registered, drawn on the current largest scale map published by Ordnance Survey, unless there is a plan thereof on some muniment of title sufficient to identify it on the registry map, or unless the application otherwise sufficiently identifies the property aforesaid on the registry map,

• (d) a schedule in duplicate of all documents lodged with the application.

• (2) Where the applicant, as authorised by these Rules, relies on the opinion of counsel in support of his title, the statement of title required by this rule need not be lodged.

16 Documents to accompany application for registration of ownership of leasehold interests and of rights other than incorporeal hereditaments held in gross.

16.

16. An application for registration of the ownership of a leasehold interest or of the ownership of a right (other than an incorporeal hereditament held in gross), to which rule 19 (3) or 22 does not apply, shall, unless the Registrar otherwise directs, be accompanied by the following documents—

• (a) where the application is by or on behalf of the original lessee or grantee or the personal representative of either of them, and registration with an absolute title is not required, the lease or grant and, unless the application otherwise sufficiently identifies the property subject thereto on the registry map, a plan of the property drawn on the current largest scale map published by Ordnance Survey,

• (b) except in cases to which sub-paragraph (a) applies, the documents specified in rule 15 (1) (a), (b) and (d) and, unless the application otherwise sufficiently identifies the property subject thereto on the registry map, a plan of the property drawn on the current largest scale map published by Ordnance Survey.

17 Application for first registration based on possession.

17.

17. Where an application for registration of ownership of property is based on possession, or where the applicant has no documents of title in his possession or under his control in relation to such property, and the Registrar is satisfied on inquiry or otherwise that the applicant is in possession or in receipt of the rents and profits of the property, the application may be made in Form 5, with such modifications therein as the case may require.

18 Examination of title.

18.

18. Every title to property the subject of an application under rule 14 or 17 shall be examined by or under the supervision of the Registrar, who shall direct such searches, advertisements, notices and enquiries as he may deem necessary. He may in any case dispense with or modify the official examination of title, or he may accept what he considers to be a good holding title and take such indemnity as he may deem necessary. No evidence of title shall be called for that could not be required on a sale of the property under an open contract.

19 Modification of examination of title.

19.

19. (1) Save as aforesaid and as otherwise provided in this rule, the title to be shown by the applicant may commence with a disposition of the property made not less than 30 years prior to the date of the application that would be a good root of title on a sale under a contract limiting only the length of title to be shown.

• (2) Where the market value of the property the subject of the application is shown to the satisfaction of the Registrar not to exceed £8,000, the title to be shown by the applicant may commence—

• (a) with a disposition of the property made not less than 20 years prior to the date of the application that would be a good root of title on a sale under a contract limiting only the length of title to be shown or

• (b) with a conveyance or assignment on sale made not less than 12 years prior to the date of the application that would be a good root of title on a sale under a contract limiting only the length of title to be shown.

• (3) On a sale where the purchase money of the property does not exceed £8,000, the Registrar may, if he thinks fit, register a title as absolute or good leasehold on production of a certificate by a solicitor, at the expense of the applicant in Form 3, adapted as the case may require.

• (4) Where property is acquired by a statutory authority and the purchase money or compensation paid therefor does not exceed £8,000,

• (a) the Registrar may dispense with the official examination of the title and may register the statutory authority with absolute title or good leasehold title on a certificate of title by the solicitor for such authority in Form 3 adapted as the case may require;

• (b) the application shall be signed by the solicitor for the statutory authority and shall be accompanied by a plan of the property drawn on the current largest scale map published by Ordnance Survey.

• (5) Where the title of an applicant has been examined—

• (a) by the conveyancing counsel of a court on a sale or purchase of the property under an order of the court or

• (b) by a practising barrister on a sale or mortgage of the property,

the Registrar may dispense with, or modify as he thinks fit, the official examination of title.

• (6) Where, in the course of the investigation of a title, the applicant so requests, or it appears desirable to the Registrar that the title should be referred to counsel for his opinion, the Registrar may, with the consent and at the expense of the applicant, agree that the title be referred to counsel for his opinion generally or on any of the following specific matters—

• (a) whether he is satisfied as to the identity of the property in the title deeds with the property the subject of the application;

• (b) whether the applicant is to be registered as full owner or as limited owner, and the class of title with which he is to be registered;

• (c) if the applicant is entitled as trustee, what inhibition is required for the protection of the trusts;

• (d) if the applicant is to be registered as full owner the burdens (if any) specified in section 69 of the Act that affect the property and their priority inter se;

• (e) if the applicant is to be registered as limited owner, the documents constituting the settlement, the trustees for the purposes of the Settled Land Acts, the burdens under section 69 of the Act that have priority to the settlement and their priority inter se;

• (f) whether the evidence produced discharges his requisitions on the title. The opinion of counsel may be furnished in Form 3 adapted as the case may require.

20 Application by Land Commission for registration with possessory title.

20.

20. (1) An application by the Land Commission under section 26 (1) of the Act for the first registration of a person as owner with a possessory title shall be in Form 4 and shall be accompanied by a plan of the property drawn on the current largest scale map published by Ordnance Survey.

• (2) A certificate by the solicitor for the applicant shall be endorsed on the application, certifying that the person whose registration is applied for is in possession of the property the subject of the application.

21 Application by local authority under statutory powers for first registration of purchaser.

21.

21. (1) Application by a local authority for the first registration of a purchaser of property under the Labourers Act, 1936 , shall be made by lodging in the Registry the documents prescribed by section 19 (2) of that Act.

• (2) An application by a local authority for the first registration of a purchaser of property under section 92 of the Housing Act, 1966 , shall be made by lodging in the Registry the Transfer Order prescribed by section 90 (3) of that Act.

• (3) An application for first registration under this rule shall be accompanied by a plan of the property drawn on the current largest scale map published by Ordnance Survey.

22 Documents to be lodged on registration procured by Land Commission.

22.

22. The document to be transmitted by the Land Commission to the Registrar

• (a) when the Land Commission have acquired property under their statutory powers or sold property to a purchaser under the Land Purchase Acts on or after 1 January, 1892, the documents to be transmitted by the Land Commission to the Registrar in order that he may be registered as owner, shall be in the form of the vesting order, vesting fiat, final list or transfer order, under or by virtue of which the property is vested in the Land Commission or the purchaser, as the case may be, and may, except in the case of a transfer order, be an official copy of such instrument. The document shall be accompanied by a plan of the property drawn on the current largest scale map published by Ordnance Survey.

23 Transfers to registers of recorded property.

23.

23. (1) The title to property recorded under the Record of Title (Ireland) Act, 1865, shall, at such times as the Registrar may direct, be transferred to the registers established by the Act.

• (2) The Registrar may postpone the entry of any recorded property in a register under the Act until an application is about to be made for the registration under a disposition thereof.

• (3) On the entry of the ownership of recorded property in a register under the Act, the record thereof under the Act of 1865 shall be closed and a reference made thereon to the folio of the register to which the property has been transferred.

24 Registration of recorded property

24.

24. On the transfer of recorded property to a register under the Act—

• (a) all charges, incumbrances, leases and other rights on the record that are burdens within the meaning of section 69 of the Act shall be entered as burdens in the register in their priority as recorded;

• (b) notice of the existence of any of the burdens specified in section 72 of the Act that are on record shall be entered in the register;

• (c) the person appearing on the record as entitled to the property shall be entered in the register as full or limited owner with absolute title according to his estate therein as shown by the record.

25 Entry of easement or profit à prendre as part of description of property registered.

25.

25. (a) An easement or profit à prendre expressly granted as an appurtenance by a Land Judge's conveyance or a Land Commission vesting order, vesting fiat or other instrument may be entered in the register as part of the description of the property and may be described in the register by reference to the conveyance, order, fiat or other instrument.

• (b) Where a registered owner or an applicant for registration as owner desires to have a specific entry made in the register of any right appurtenant to the property acquired by grant in writing or under a court order, he, or his solicitor on his behalf, may make written application to the Registrar for such an entry to be made; whereupon the Registrar may, on production of satisfactory evidence of title and subject to the service of such notices (if any) as he may direct, enter such right in the register as appurtenant to the property.

26 Property acquired under the Land Purchase Acts and on exchange.

26.

26. (1) Where, on first registration of property purchased under the Land Purchase Acts, the Registrar is not satisfied that the granting of an absolute or qualified title is warranted, he shall register the property with a possessory title.

• (2) Where the property has been acquired in exchange for property registered with a possessory title and the unregistered rights protected by such registration that apply to the property given in exchange are transferred under any provision of the Land Purchase Acts to the acquired property, the registration of the acquired property shall be made with a possessory title.

27 Notice of statutory restrictions.

27.

27. Where, on an application for the first registration of the ownership of property, it appears that the property is subject to restrictive or prohibitive provisions under any enactment against alienation, assignment, sub-division, letting or subletting, notice shall be entered in the register of the fact that the property is subject to such restrictive or prohibitive provisions.

28 Entries relative to mines and minerals.

28.

28. (1) Where, on an application for first registration of the ownership of property, no evidence is adduced as to the ownership of the mines and minerals therein or such ownership is not proved to the satisfaction of the Registrar or it appears from any document, or otherwise, that all or any of the mines and minerals are severed from the property, a note shall be entered in the register to the effect that the registration does not extend to the mines and minerals or to such of them as are so severed.