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

• (2) Where on an application for the first registration of the ownership of property, or at any time after such registration, it is proved to the satisfaction of the Registrar that the right to all or any of the mines or minerals is vested in the applicant, or in the registered owner, he may extend the registration to such mines and minerals by adding to the description of the property in the register a note to the effect that the mines and minerals, or specified mines and minerals, are included in the registration; and they shall thenceforth form part of the property described in the register of which the ownership is registered.

29 Memorial for Registry of Deeds.

29.

29. Except as is otherwise provided in the Land Purchase Acts, the memorial for the Registry of Deeds of the registration of property under the Act shall be in Form 6, or in special circumstances in such modified form thereof, or in such other form as the Registrar may direct. It shall be sealed with the Registry seal and shall be transmitted to the Registry of Deeds for registration at the beginning of the day on which the property is entered in a register of the Registry and prior to the registration on that day of a memorial in the Registry of Deeds lodged by any member of the public.

30 Flat, floor, cellar, tunnel, mines and minerals; or foreshores.

30.

30. (1) (a) Where the property comprised in an application for registration is a flat or floor, or part of a flat or floor, of a house, or a cellar or tunnel, or mines and minerals, or an underground space apart from the surface, a plan drawn on the largest current scale map published by Ordnance Survey shall be furnished of the surface under or over which the property to be registered lies together with such other plans, sections and other description (if any) as the Registrar may deem necessary and with particulars of any appurtenant rights of access, whether held in common with others or not, or obligations affecting other property for the benefit of the property the title to which is being registered, and also, in the case of mines and minerals, with particulars of the rights incidental to the working of the mines and minerals that may be subsisting.

• (b) Before the registration of such property is completed, notice may be given to the reputed owners or to the occupiers of the other property or properties above or below and (if in the same building) adjoining laterally the property to be registered, and to such other persons as the Registrar may direct.

• (2) Where any land comprised in an application for registration of ownership includes foreshore, the fact should be stated in the application so that such notice (if any) as may be required by section 125 of the Act may be served.

Cautions against first registration

31 Form of caution and affidavit in support of it.

31.

31. (1) A caution requiring notice of an application for the first registration of the ownership of property, other than a caution under section 43 of the Agricultural Credit Act, 1947 , shall be in Form 7.

• (2) A caution under section 43 of the Agricultural Credit Act, 1947 , requiring notice of an application for first registration shall be in Form 8.

• (3) The affidavit of interest in support of the caution shall be in Form 9 and shall be made by the cautioner or his solicitor.

• (4) A cautioner may at any time, by writing signed by himself or his solicitor, withdraw his caution or consent to a registration.

32 Time for objection and form of notice on cautioner.

32.

32. The time to be stated in the notice to be served on a cautioner under section 96 of the Act, within which he may appear and oppose an application for first registration, shall be 10 days. The notice shall be in Form 10.

Conversion of possessory title into absolute title where the property has been purchased under the Land Purchase Acts

33 Application where ownership registered 30 years.

33.

33. Where the ownership of property purchased under the Land Purchase Acts has been registered for 30 years, the Registrar may convert a possessory title into an absolute title on application by the registered owner or his personal representative in Form 11 with such modifications as the case may require.

34 Application where ownership registered 12 years under transfer for value.

34.

34. Where the ownership of property purchased under the Land Purchase Acts has been registered for over 12 years, and an applicant for the conversion of a possessory title claims as, through, or under a registered owner registered not less than 12 years prior to the application on a transfer for valuable consideration made after the first registration of such property and occupation has been in accordance with the registered title, the Registrar may, on lodgment of an application in Form 12, with such modifications therein as the case may require, convert the title into an absolute title.

35 Application where property acquired by a statutory authority or on sale and value does not exceed £8,000.

35.

35. (1) Where property purchased under the Land Purchase Acts and registered with a possessory title has been acquired on sale or by a statutory authority and the purchase money compensation or value thereof does not exceed £8,000, the Registrar may, on an application by the Solicitor for applicant certifying that he has investigated the title prior to first registration and that on such investigation no adverse rights, restrictive covenants or incumbrances were disclosed, convert the title into an absolute title.

• (2) The application shall be in Form 15, with such modifications therein as the case may require.

36 Other applications for conversion of possessory title.

36.

36. (1) Every other application for the conversion of a possessory title into an absolute title in the case of property purchased under the Land Purchase Acts shall show the title to the property that existed prior to such purchase.

• (2) Where the Registrar so permits, the title to the tenancy

• (a) may commence with a disposition thereof made not less than 20 years prior to the date of the application

or

• (b) may be deduced for a period of not less than 30 years prior to the application, whether based on possession or otherwise.

• (3) The application shall be made by affidavit in Form 13 or 14, with such modifications therein as the case may require, according as the applicant does or does not rely on opinion of counsel.

37 Examination of or modification of examination of title to interests protected by registration with a possessory title.

37.

37. (1) In applications under rule 36, the title shall be examined by or under the supervision of the Registrar, who may extend or modify the examination in such a manner as the circumstances of the particular case may require; but no evidence of title shall be called for that could not be required on a sale of the property under an open contract.

• (2) The Registrar may dispense with or modify as he thinks fit the official examination of title. In particular he may do so—

• (a) where the title has been examined for the prescribed period by a practising barrister on the occasion of a disposition for valuable consideration, and his opinion, with the evidence on which it was based, is lodged with the application; such opinion may be furnished in Form 3 adapted as the case may require

or

• (b) where, in the course of an investigation of title, there is a reference to counsel for his opinion analogous to a reference under rule 19 (6); such opinion may be furnished in Form 3 adapted as the case may require

or

• (c) by accepting a title he considers to be a good holding title and taking such indemnity as he may deem necessary.

Conversion of possessory title into absolute or good leasehold title where the property has not been purchased under the Land Purchase Acts

38 Conversion of registered title in cases under subsection (1) or (2) of section 50 of the Act.

38.

38. (1) In a case to which paragraph (a) of subsection (2) of section 50 of the Act applies, the applicant shall lodge all the documents specified in that paragraph together with an affidavit in Form 16, adapted where necessary, unless the Registrar otherwise directs.

• (2) In a case to which paragraph (c) of the said subsection applies, it shall not be necessary for the applicant to lodge the documents specified in paragraph (a) of the subsection.

• (3) An application to convert a possessory title into an absolute title, in a case to which paragraph (a) of subsection (2) of section 50 of the Act does not apply, shall be made on affidavit in Form 1 (adapted). The application shall be accompanied by an affidavit in Form 16.

39 Notice, advertisement and enquiries before such conversions.

39.

39. Before conversion of a possessory title in a case to which the foregoing rule applies, the Registrar

• (a) may serve such notices as he may consider necessary, including notices to owners of neighbouring property, who, he may have reason to think, may be entitled to enforce restrictive conditions affecting the property;

• (b) may, at the applicant's expense (unless an order to the contrary is made by him), insert notice of the intended conversion in Iris Oifigiúil and in such other newspapers (if any) as he may direct;

• (c) may make such enquiries on the property or elsewhere as he may consider necessary.

Conversion of Qualified title into absolute or good leasehold title

40 Application for conversion of qualified title.

40.

40. An application to convert a qualified title into an absolute or good leasehold title shall be made in writing and shall be accompanied by evidence of the title of the registered owner to the estate or interest excepted in the register from the effect of registration or by such other evidence as the applicant relies on in proof that the estate or interest so excepted has been extinguished or has otherwise ceased to affect the property. The application shall be accompanied by an affidavit of discovery in Form 16, with such modifications as the case may require.

General provisions as to the conversion of possessory or Qualified titles

41 Notice of intended conversion to be given.

41.

41. Before the conversion of a possessory title consequential on an examination of title, the Registrar shall, if he considers it necessary—

• (a) give notice of the intended conversion to the registered owner, if he is not the applicant for, or a consenting party to, the proposed conversion,

• (b) where a burden is ascertained to have priority over a registered burden, give notice to the owner or reputed owner of the registered burden of the priority so ascertained and of the proposed registration of the burden,

• (c) at the applicant's expense, give such notice of the intended conversion, or of proposed entries or cancellation of entries consequential on the examination of title, as he may think proper.

42 How burdens ascertained entered on conversion.

42.

42. On conversion of a possessory or qualified title, consequential on an examination of title under these Rules—

• (a) a burden ascertained to affect the property shall be entered in the register in the same manner as a burden created after first registration; but no ownership of the burden shall be registered until the title of the person claiming such ownership has been shown to the satisfaction of the Registrar;

• (b) where the burden is ascertained to be in priority to a registered burden, a note of such priority shall be made in the register.

43 How register made conformable with titles ascertained.

43.

43. Where it appears to the Registrar, on an application to convert a possessory or qualified title, that a registered burden does not affect the ownership of the property as ascertained, or affects only a limited ownership or estate or interest in remainder therein, he shall give notice to the owner or reputed owner of the burden of the facts ascertained and of the entries and cancellation or amendment of entries in the register that he proposes to make; and, in default of objection or subject to the determination in accordance with these Rules of any objection made, such cancellation or amendment of the entry or proposed new entry shall be made as may be necessary to make the registered title conformable with the title as ascertained.

44 Issue of land certificate in substitution for deeds deposited as a lien.

44.

44. Where, on the conversion of a possessory or qualified title, it appears that a lien created by deposit of the title deeds to the property prior to its first registration is a right affecting it, and no burden created after the deposit is registered, the land certificate issued in respect of the property may, with the consent of the registered owner and the depositee, be issued to the depositee in substitution for the title deeds as the evidence of his lien by way of equitable mortgage on the property.

Other examinations of title

45 Other examinations of title outside register.

45.

45. An application to examine the title of—

• (a) the lessor of a leasehold interest the ownership of which is registered with a good leasehold title, for the purpose of noting that the title is converted to an absolute title,

or

• (b) a grantor of a registered incorporeal hereditament of freehold tenure, for the purpose of noting that the registered title is converted to an absolute title,

or

• (c) the grantor of a fee-farm grant or grant in perpetuity made under the provisions of any enactment in conversion of a registered leasehold interest, for the purpose of having the property transferred from the register of ownership of leasehold interests to the register of ownership of freehold property,

or

• (d) any person to a mortgage or charge registered as a burden the ownership of which is not registered, for the purpose of having it withdrawn from the register or of having its owner registered,

shall be in Form 1 or 2, with such modifications as the case may require, and the provisions of the foregoing rules shall where necessary apply thereto, except that a plan need not be lodged with the application.

Title acquired by possession to registered property

46 Title to registered property acquired by possession.

46.

46. Pursuant to section 49 of the Act, any person claiming to have acquired a title by possession to registered property may apply for his registration as owner in Form 5 with such modifications therein as the case may require, whereupon the Registrar, if satisfied that the said person has acquired the title, may register the applicant as full owner with absolute, good leasehold, possessory or qualified title, as the case may require.

General provisions relative to first registration and applications requiring an examination of title of unregistered interests

47 Form of affidavit or discovery.

47.

47. An affidavit of discovery made pursuant to section 93 of the Act shall be in Form 16. Unless the Registrar permits otherwise, the affidavit shall be made by the applicant. Where made by any person other than the applicant, the deponent shall state his means of knowledge.

48 Registration of tenants in common.

48.

48. Where it appears to the Registrar from an examination of title that two or more persons are entitled to property as tenants in common, he shall ascertain and enter in the register the share of each person in the property.

49 Registration of trustee owner.

49.

49. Where an applicant for registration as owner or the registered owner, as the case may be, is a trustee, he may have entered in the register on the completion of the registration an inhibition to restrict registration under dispositions that are unauthorised by the trust.

50 Notice to be given of proposed registration.

50.

50. Unless the Registrar otherwise directs, no registration consequential on an examination of title shall be completed until the applicant, and such other persons as the Registrar may direct, have been notified of the registration proposed.

51 Date of registration.

51.

51. Every registration or entry in a register consequential on an examination of title of unregistered interests shall be made as of the day on which the draft folio for the register or the draft entry for a folio is finally settled in the Registry.

PART III DEALINGS WITH REGISTERED PROPERTY

General

52 Form of instruments.

52.

52. (1) The forms of transfer, charge and other dispositions prescribed by these Rules shall be used in all transactions to which they refer or to which they are capable of being applied or adapted, with such alterations and additions as the transactions may require and the Registrar allows.

• (2) Instruments for which no form is prescribed shall be in such form as the Registrar shall direct or allow, the scheduled forms being followed as closely as circumstances will permit.

53 Applications or instruments in improper form.

53.

53. If it appears to the Registrar that any application or instrument is improper in form or in substance or is not clearly expressed or does not indicate with sufficient precision the particular interest or land which it is intended to affect or refers only to matters which are not the subject of registration under the Act or involves registration of a restriction which would be unreasonable or calculated to cause inconvenience or is otherwise expressed in a manner inconsistent with the principles upon which the register is to be kept, he may refuse registration, either absolutely or except subject to such modifications therein as he shall approve.

54 Evidence of execution of instruments.

54.

54. The execution of every application, except an application by a solicitor, and of every instrument shall be attested by a witness. The execution of an application or an instrument by a blind or illiterate person shall be verified by affidavit of an attesting witness to the effect that it was read over and explained to such person and that such person appeared to understand same. The execution of an application or an instrument by a person by his mark, due solely to physical disability, shall be verified by affidavit of an attesting witness giving the reason for such execution. In any case where the attestation clause contains this information the Registrar may dispense with such affidavit. The execution of an application or an instrument by other persons shall be verified by affidavit of an attesting witness whenever the Registrar so requires.

55 Evidence of execution of instrument by attorney.

55.

55. (1) Where an application or instrument is executed by attorney, the power of attorney, or an office copy thereof, shall be produced to the Registrar; and, in cases not within sections 8 and 9 of the Conveyancing Act, 1882, evidence shall also be given that the principal was alive at the time of the execution of the instrument and that the power was then unrevoked.

• (2) The power of attorney or an office copy thereof shall be filed in the Registry.

56 Indentification of part of registered property transferred.

56.

56. An instrument dealing with part of the property in a folio of the register shall be accompanied by a plan drawn on the current largest scale map published by Ordnance Survey and referred to in the instrument, or on such Ordnance Survey map signed by the grantor and by the grantee or his solicitor showing the part dealt with, unless such part is clearly defined on the registry map and may be identified thereon from the description in the instrument. Such plan shall be filed in the Registry and form part of the instrument.

57 Application by solicitor for registration of dealing.

57.

57. (1) Every application or instrument sent to or delivered at the Registry for registration by a solicitor shall be accompanied by a statement signed by him setting out—

• (a) the names of all the parties to the transaction for whom he acts as solicitor,

• (b) the amount of Land Registry fees sent,

• (c) the documents sent,

• (d) the ownership or other entries for the registration of which he applies,

• (e) the name of the person who had the custody of a land certificate or certificate of charge lodged for the purposes of registration and the name of his solicitor, if it is to be re-issued to his solicitor.

• (2) The statement may be in Form 17.

58 Evidence of the sealing of deeds.

58.

58. The Registrar shall be entitled to assume that every deed expressed to be sealed by the parties (other than a corporate body) executing same shall have in fact been so sealed notwithstanding that the deed bears no trace of such sealing at the time of lodgment in the Registry.

59 Presentation of dealing for registration.

59.

59. (1) Applications and instruments may be sent to or delivered at the central office or the local office of the county in which the property is situate. An application or instrument sent to or delivered at a local office shall be transmitted by the local registrar to the central office by post on the day of its receipt.

• (2) An application or instrument in respect of registered property with the proper Revenue stamp impressed thereon, and accompanied by the prescribed fee for the registration applied for and otherwise prima facie in order for registration, may be received for registration except as provided in paragraph (3).

• (3) If the production of a land certificate or certificate of charge (other than a certificate in the custody of the Land Commission) is required under these Rules for the purpose of a registration, the instrument or application shall not be received unless the certificate is or has been produced for the purpose of the registration sought or an application under rule 164 is lodged therewith for an order for the production of the certificate; or an application is lodged under sub-rule 4 of this rule or rule 170 of these Rules. Where an application for an order for the production of the certificate is refused, the receipt of the instrument or application for registration shall be cancelled and the proceedings thereunder treated as abandoned.

• (4) Where the Registrar is satisfied that a land certificate or certificate of charge is lost and has not been deposited for the purpose of creating a lien he may dispense with the production of such certificate and receive the instrument or application for registration. Before dispensing with the production of such certificate the Registrar may give such notice of the proposed registration and take such indemnity as he may deem necessary.

60 Dealings to be accompanied by prescribed fee.

60.

60. Every application or instrument in respect of registered property sent to or lodged in the Registry shall be accompanied by the prescribed fee.

61 Priority of dealings received for registration.

61.

61. (1) Save as is otherwise provided in these Rules, applications and instruments shall rank for priority of registration in the order in which they are received in the central office.

• (2) Applications and instruments affecting the same property received from a local office on any day by the same post shall rank for the purposes of priority in the order in which they have been received by the local registrar at the local office; subject thereto, all applications and instruments received through the post on any day prior to the opening of the central office to the public on that day shall be deemed to be delivered at the same time and immediately before the opening of the office to the public on that day; and all applications and instruments received through the post after the opening of the office to the public shall be deemed to be delivered at the same time and immediately before the closing of the office to the public on that day.

• (3) Two or more applications or instruments relating to the same property delivered at the same time by the same person shall rank for the purposes of priority in the order directed by the person delivering them or, in the absence of such direction, in such order as may be inferred from the applications and instruments.

62 Notice in register of pending registration.

62.

62. Notice of every application or instrument received for registration shall, pending registration, be entered in or attached to the folio of the register to which it relates in such manner as the Registrar may direct.

63 Date of registration.

63.

63. Except as otherwise provided by statute, or as provided in rules 51, 65 (3) and 191, registration shall be completed as of the day on which the instrument or application is received for registration.

64 Registrar may refuse registration or may require amendment of instrument or application in certain cases.

64.

64. (1) Where it appears to the Registrar that an application or instrument is not expressed so as to indicate with sufficient precision the property or part of the property in the register to which it relates or the ownership, burden or notice to be entered in the register, or refers to matters which are not the subject of registration under the Act, or that the instrument or other document or the execution thereof is defective, or that an assent, declaration or affidavit presented with it does not disclose the facts required by these Rules to be stated in regard to the registration applied for, he may refuse to make any registration thereunder either absolutely or except with such modifications as he shall approve. Where he is of opinion that the registration may be effected on the defect or omission being corrected, he may notify the applicant and may require him to rectify it by amendment and re-execution of the instrument or by lodgement of a supplemental application, assent, affidavit or instrument, as the case may be, within a time, not less than 21 days, to be stated in the notice.

• (2) Where an applicant does not comply with a notice sent under this rule within the time stated therein, the Registrar may treat the application for registration as abandoned, and thereupon its receipt for the purposes of the registration applied for shall be cancelled and the documents lodged by the applicant shall be re-delivered to him.

65 Amendment of instrument and priority of amended instrument.

65.

65. (1) Where any alteration is required in an instrument after it has been received for registration, it may, if the Registrar permits. be withdrawn from the Registry for the purpose of alteration and re-execution before any entry under it has been made in a register.

• (2) The re-execution shall be by all persons whose interests appear to be affected, whether or not it was originally executed by them.

• (3) On re-delivery at the Registry, the instrument shall be entered for the purpose of the registration applied for as of the date and priority of the re-delivery.

66 Adjudication of sufficiency of stamp on instrument.

66.

66. (1) Where a question arises whether an instrument bears the proper Revenue stamp, and the solicitor for the applicant gives a written undertaking that he will, within a time fixed by the Registrar. furnish evidence that the instrument is sufficiently stamped, the instrument may be returned to the solicitor for the purpose of procuring such evidence and the entry of the instrument for registration may be made or continued. If such instrument is subsequently, within the time fixed, lodged, with the evidence that it is sufficiently stamped, registration shall be completed as of the date of the lodgement of the original application.

• (2) Where the written undertaking has not been complied with within the time fixed, the entry of the instrument for the purposes of the registration applied for shall be cancelled.

67 Registration of a tenant in common.

67.

67. An application for registration as owner by a person claiming as tenant in common of an undivided share in property shall state the share to which he is entitled, where the share does not appear from the instrument lodged. The entry in the register shall be that the applicant is full owner or limited owner, as the case may be, of a specified undivided share of the property.

68 Registration of trustee owner.

68.

68. Where an applicant for registration is a trustee, he may have entered in the register on the completion of the registration an inhibition to restrict registrations under dispositions that are unauthorised by the trust.

Transfers

69 Forms of transfer.

69.

69. A transfer shall be made by an instrument in one of the forms of transfer in the Schedule of Forms.

70 Subdivision of property subject to restrictions.

70.

70. An application for registration, on a sub-division of property which is subject to a statutory restriction against sub-division without the consent of the Land Commission, shall be accompanied by—

• (a) the consent of the Land Commission to the sub-division;

• (b) where the consent of the Land Commission to the sub-division is conditional, evidence that the conditions in such consent have been complied with, including—

• (i) a certificate of the Land Commission of compliance with the conditions in the consent as to payment, or payment and redemption, as the case may be, of the land purchase annuity, insurance of buildings (if required), and with any other conditions of the compliance with which the Land Commission must be satisfied,

• (ii) the consent of the necessary parties to the consolidation of the property with any other property, if such consolidation is required by the Land Commission;

• (c) The plan of the property drawn on the current largest scale map published by Ordnance Survey referred to in such consent.

If the subdivision is effected by transfer, the deed of transfer may be in Form 22.

71 Registration of transferee who is a trustee.

71.

71. Where a transfer is made to a transferee who is a trustee of the property transferred, he may have entered in the register on the completion of the registration an inhibition to restrict registrations under dispositions that are unauthorised by the trust.

72 Registration under a transfer or vesting order on sale in execution of order of court.

72.

72. (1) A transfer on sale by a registered owner (or by his personal representative or by a person appointed in that behalf by the court) in execution of a decree, judgment or order of a court, or a vesting order on sale in pursuance of such a decree, judgment or order, shall be accompanied by—

• (a) an office copy of the order of the court directing the sale of the property,

• (b) a certificate of the Examiner of the High Court or (if the sale has been directed by the Circuit Court) a certificate of the county registrar, certifying the result of his enquiries as to incumbrances,

• (c) where the sale is in pursuance of an order of the Circuit Court, a further certificate of the county registrar specifying the parties to the proceedings for sale and the persons served with notice of, and bound by, such proceedings.

• (2) On production in the Registry of the relevant documents referred to at sub-paragraphs (a), (b) and (c), the Registrar may cancel such charges, judgment mortgages and other burdens in the register of the property comprised in the transfer that appear no longer to affect the property sold.

73 Effect of covenant to pay rent or indemnify may be noted in register.

73.

73. On a transfer of property subject to an existing rent or to a burden appearing in the register, a covenant in the transfer by either party to indemnify or exonerate the other party from the rent or burden or part of it, or the effect of it, may be noted in the register.

74 Registration of purchaser from personal representative of owner discharged from judgment mortgage on interest of beneficiary.

74.

74. (1) On an application for registration of a purchaser as owner under a transfer on sale from the personal representative of a full owner of property, the purchaser may apply for cancellation of every entry of notice of a deposit of an affidavit of judgment as a mortgage on the estate or interest of a person who has a beneficial interest in the property under the will or on the intestacy of the deceased owner or under section 111 of the Succession Act, 1965 .

• (2) Notice of the intended cancellation shall be sent to the person appearing from the register to be entitled to the judgment debt.

• (3) The provision of rule 121 shall apply, mutatis mutandis, to such application and notice.

75 Registration under a settlement.

75.

75. On a transfer by way of settlement [other than a transfer to which subsection (3) (inserted therein by section 54 of the Succession Act, 1965 ) of section 61 of the Act applies], no person shall be registered as limited owner thereunder without service of notice of the application for his registration on the trustees (if any) of the settlement (whether trustees for the purposes of the Settled Land Acts or not),unless the trustees concur in the application.

76 Registration under grant reserving rent.

76.

76. A transfer of freehold property by a grant thereof in perpetuity reserving a rent shall be given effect to by registering the grantee as owner of the property and the rent as a burden thereon.

77 Registration of companies.

77.

77. (1) A company within the meaning of the Companies Act, 1963 , that applies for registration under a transfer shall produce a certificate by the Registrar of Companies of its incorporation.

• (2) A company incorporated outside the State that applies for registration shall produce evidence of its incorporation.

• (3) On a disposition by a company, the Registrar shall not inquire whether the transfer is incidental to the objects of the company as set out in its memorandum of association.

• (4) On a disposition by a company where the seal appears to have been affixed in the presence of and attested by the secretary, deputy secretary or a member of the board of directors of the company, the Registrar shall be entitled to assume that the deed was duly executed by the company.

78 Registration under transfer over-reaching estate or interest of registered owner.

78.

78. (1) Where, in a case to which section 60 of the Act applies, the ownership of registered property passes to another person under a disposition in defeasance of the estate or interest of the registered owner, then, subject to any objection received in reply to a notice sent as prescribed by rule 79 registration of the transferee shall be made on the production of the following evidence—

• (a) where the disposition is made by a person in the exercise of a statutory power or a power registered as a burden, the appointment, deed poll or other instrument by which the power is exercised and, subject to rule 83, such evidence as a purchaser could require if the property was unregistered, showing that the power is exercisable, and has been exercised, by the person in whom it is vested;

• (b) where the disposition is made by a person other than the registered owner in execution of a judgment, order, decree or process of court, the disposition executed by the person appointed by the court to execute it, accompanied by an office copy of the order of the court appointing him;

• (c) where the property is transferred by statute, an application in writing for registration in which the statute relied on is referred to, and, subject to rule 84, the evidence relied on in proof that the conditions have arisen or that the events have happened that transfer the property by virtue of the statute.

• (2) Proof of any facts required by this rule may be given by affidavit or statutory declaration.

79 Notice of application for registration under transfer over-reaching estate or interest of registered owner.

79.

79. (1) The notice of an application for registration in defeasance of the estate or interest of a registered owner referred to in section 60 of the Act shall not be given where the estate or interest is overreached by statute, a Land Judge's conveyance, a vesting order of a court or of the Land Commission, a transfer by the Land Commission in exercise of its statutory powers or a transfer executed by a person appointed by a court for that purpose in execution of its judgment, order or decree.

• (2) In default of the concurrence of the personal representative of a deceased registered full owner, or, in the case of a charge or burden, of a deceased registered owner, to an application for registration under the said section 60 in cases other than those specified in paragraph (1) of this rule, notice of the application shall be given—

• (a) to the personal representative or,

• (b) where there is no personal representative, to the person or persons claiming to be entitled, whether under the will of the deceased, on his intestacy or under section 111 of the Succession Act, 1965 .

• (3) Where the registered owner is a limited owner, registration on an application under the said section 60 may be made with the concurrence of the limited owner and the trustees of the settlement, whether trustees for the purposes of the Settled Land Acts or not. If they do not concur, or if there are no trustees, notice shall be given in cases other than those specified in paragraph (1) of this rule—

• (a) to the limited owner, if living, and

• (b) to the trustees, if any, or, if there are none, to such persons appearing from the settlement or any inhibition protecting claims thereunder to be entitled to estates or interests the subject of the settlement, as the Registrar may direct.

• (4) The applicant for registration shall furnish to the Registrar the particulars necessary for the service of the notices prescribed by this rule.

80 Cancellation of burdens on transfer overreaching the estate or interest of registered owner.

80.

80. (1) On the registration of an owner under section 60 of the Act, otherwise than as provided by rule 72, the following registered burdens and notices shall be cancelled in the register—

• (a) where the transfer is made by statute or in exercise of a statutory power, the burdens and notices from which the property would be discharged by the statute or the exercise of the statutory power, if the property were unregistered;

• (b) where the transfer is made in exercise of a power registered as a burden, the burdens and notices that rank in priority after the power;

• (c) where the transfer is made by a vesting order of a court or by a person appointed by a court to transfer, the burdens and notices that the court directs to be discharged on the registration of the transferee.

• (2) The applicant for registration shall, when required, state in writing the burdens and notices in the register for the cancellation of which he applies.

81 Notice of cancellation of burdens on transfer overreaching the estate or interest of registered owner.

81.

81. On the cancellation of a burden under rule 80 (1) (a) or (b), the Registrar shall give notice of its discharge to its registered owner (if any).

82 Registration of trustees or assignees of bankrupt owner; and re-registration of the owner

82.

82. (1) The assignees in bankruptcy of a registered owner who has been adjudicated a bankrupt may be registered as owners in his place, or, where he is a registered limited owner, as assignees of his estate or interest, on production in the Registry of an office copy of the certificate of the vesting of the estate and effects in the assignees, endorsed as prescribed by this rule.

• (2) The trustee of a bankrupt registered owner appointed under the Bankruptcy (Ireland) Amendment Act, 1872, may be registered as owner in place of the bankrupt or, where he is a registered limited owner, as assignee of his estate or interest, on production in the Registry of an office copy of the certificate under section 90 of the said Act of 1872, endorsed as prescribed by this rule.

• (3) The trustees of an arranging debtor who is a registered owner and has had a resolution or agreement approved and confirmed by the court under sections 347 and 349 of the Irish Bankrupt and Insolvent Act, 1857, may be registered as owners in his place or, where he is a registered limited owner, as assignees of his estate or interest, on production in the Registry of an office copy of the order of the court approving and confirming the resolution or agreement, endorsed as prescribed by this rule.

• (4) A person (other than the Official Assignee in Bankruptcy) appointed assignee or trustee in place of a registered assignee or trustee of a bankrupt or arranging debtor who has ceased from any cause to be assignee or trustee may be registered in place of such registered assignee or trustee, on production of the certificate of his appointment as creditors' assignee or trustee, or an office copy thereof.

• (5) A bankrupt whose trustee, appointed under the Bankruptcy (Ireland) Amendment Act, 1872, or assignees are registered as owners of his registered property may be re-registered as owner or, where he is a limited owner, the entry of the assignees or trustee as assignees of his limited estate or interest may be cancelled, on production in the Registry of the revesting deed.

• (6) An arranging debtor whose trustees are registered as owners of his registered property may be re-registered as owner or, where he is a limited owner, the entry of the trustees as assignees of his limited estate or interest may be cancelled, on production in the Registry of an office copy of the order of the court under section 65 of the said Act of 1872, endorsed as prescribed by this rule.

• (7) Every order, certificate, resolution or agreement or office copy thereof, produced for the purposes of a registration referred to in this rule, shall have endorsed thereon a certificate by the Official Assignee in Bankruptcy or the trustee identifying the bankrupt or arranging debtor named in the order or certificate with the registered owner named in a specified folio of the register whose property is sought to be transferred. Where the application is for the re-registration of the person who was the bankrupt or arranging debtor, it shall be accompanied by, in the case of a bankruptcy, the revesting deed or, in the case of an arrangement, an office copy of the order of the court under section 65 of the said Act of 1872 or, where applicable, the written consent of the trustee to the re-registration.

83 Registration of transferee of local authority under section 6 of the Small Dwellings Acquisition Act, 1899, s. 11 (2) of the Housing (Loans and Grants) Act 1962 , or sections 39 (5) or 107(6) of the Housing Act, 1966 .

83.

83. On the registration of a transferee as owner under a transfer by a local authority in exercise of its powers under section 6 of the Small Dwellings Acquisition Act, 1899, or under regulations made under section 11 (2) of the Housing (Loans and Grants) Act, 1962 , or under section 39 (5) or 107 (6) of the Housing Act, 1966 , no evidence shall be required of the breach of any of the statutory conditions specified in section 3 of the Small Dwellings Acquisition Act, 1899), or in such regulations or of the happening of any event giving rise to the power of the local authority to sell.

84 Registration of local authority under section 5 of the Small Dwellings Acquisition Act, 1899, section 11 (4) of the Housing (Loans and Grants) Act, 1962 , section 24 of the Labourers Act, 1936 , or sections 39 (5) or 107 (6) of the Housing Act, 1966 .

84.

84. Registration of a local authority as owner of property that has vested in it under section 5 of the Small Dwellings Acquisition Act, 1899, or under section 11 (4) of the Housing (Loans and Grants) Act, 1962 , or under section 24 of the Labourers Act, 1936 , or under section 39 (5) or 107 (6) of the Housing Act, 1966 , in defeasance of the estate or interest of its registered owner, shall be made on an application by the solicitor to the local authority in Form 33. No evidence, other than the certificate therein contained, shall be required of the possession of the property by the local authority.

85 Registration of dispositions of recorded property.

85.

85. (1) Every application for registration under a disposition or transmission of recorded property transferred to and entered in a register under the Act shall be made and, subject to the provisions of this rule, registration thereunder shall be effected in accordance with the provisions of the Act and the procedure thereunder prescribed by these Rules.

• (2) Where a title of an applicant for registration is under an unrecorded disposition or transmission prior to the transfer of the recorded property to a register under the Act, a short statement of the applicant's title shall be lodged with his application, which shall be accompanied by the documents referred to therein and the evidence of the facts necessary to be proved to establish his title; and the Registrar, on examination of the title and after making such inquiries and searches and giving such notices as he shall deem necessary or expedient, may make such registration in the register as shall give effect to the title proved.

86 Registration of new trustees of friendly society.

86.

86. (1) The name of a new trustee of a friendly society or of a branch thereof appointed pursuant to section 25 (2) of the Friendly Societies Act, 1896, shall be entered in the register on production in the Registry of a copy of the resolution passed pursuant to the said section, signed by the trustee so appointed and by the secretary of such society or branch.

• (2) The copy of the resolution appointing such new trustee shall be filed in the Registry for reference.

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

87 Application for registration by a devisee of freeholds.

87.

87. (1) An application for registration as owner by a devisee or a successor in title of an unregistered devisee of a registered full owner of freehold property that did not vest in the personal representative of the owner shall be in Form 34.

• (2) Where the will under which the applicant claims charges the property with the payments of debts or contains a general charge on it for legacies that are payable primarily out of the general personal estate, registration shall not be made except with the concurrence of the testator's personal representative or after notice to him; provided that the Registrar may dispense with such concurrence or notice when he is satisfied that, by reason of lapse of time or otherwise, no claim by the personal representative subsists.

• (3) Notice to the personal representative shall be in Form 35.

88 Application for registration by heir, widow or husband.

88.

88. (1) An application for registration as owner by the person entitled as heir, widow or husband, on the death intestate of a registered full owner of freehold property that did not vest in the personal representative of the owner, shall be in Form 36.

• (2) The application shall be accompanied by—

• (a) the letters of administration granted on the death of the owner, or an office copy thereof, or, if a grant has not been obtained, evidence to satisfy the Registrar of the death and intestacy;

• (b) if the applicant claims as heir, a pedigree verified by a member of the family, accompanied by certificates or other sufficient evidence of the marriages, births and deaths stated in the pedigree;

• (c) if the applicant claims under the Intestates' Estates Act, 1890, or the Intestates' Estates Act, 1954 , evidence that the owner left no issue and that the net value of his real and personal estate did not exceed £500 or, if the death occurred after the 1st June, 1954, £4,000, as the case may be;

• (d) if the applicant claims as tenant by the curtesy, evidence that there was issue capable of inheriting and born alive.

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 leasehold interest

89 Assent by personal representative to a devise ; and application of devisee for registration.

89.

89. (1) An assent by a personal representative to a devise of property shall be in Form 37 except where he is the sole personal representative and sole devisee of the property.

• (2) An application by a devisee for registration as owner under the assent shall be in Form 38, 39 or 40.

• (3) An application by a sole devisee for registration as owner of property that is vested in him as the sole personal representative of the testator or by two or more devisees who are his personal representatives shall be in Form 41 or 42.

• (4) An application under this rule shall be accompanied by the probate or letters of administration with will annexed or an office copy thereof.

90 Transfer by personal representative to devisee or successor.

90.

90. (1) A transfer of property to a devisee or his successor in title by the personal representative in whom it is vested may be in Form 43 or 44.

• (2) On an application for registration as owner under such a transfer, there shall be lodged an affidavit by the personal representative in Form 45 relative to the burdens and other rights created by the will of the testator together with the probate or letters of administration with will annexed or an office copy thereof.

91 Application for registration by a person other than the personal representative entitled on intestacy.

91.

91. An application for registration as owner by a person entitled to property of an intestate registered full owner or by a successor in title of such person shall, where he is not the sole personal representative, be made by presenting a transfer of the property to him from the personal representative. The transfer may be in Form 46. There shall be lodged with the transfer an affidavit by the personal representative in Form 45 relative to the persons who became entitled to the property of the intestate, together with the letters of administration or an office copy thereof.

92 Application for registration by personal representative entitled on intestacy.

92.

92. An application for registration as owner by a person who claims to be entitled to property of an intestate registered full owner that is vested in him as the personal representative of such owner shall be in Form 47.

93 Power of Registrar on a registration on transmission on death.

93.

93. On an application for registration as owner by a devisee or other person entitled to the property of a deceased registered full owner who died prior to the 1st June, 1959, or by the successor of such a person who is not registered, and, on an application for registration of a burden created by a personal representative, the Registrar—

• (a) shall be entitled to assume that the personal representative acted correctly and within his powers in making the transfer, assent or other disposition, in the absence of any evidence to the contrary in the disposition or any document lodged therewith for the purposes of the registration applied for;

• (b) may give notice of the application to any person appearing to have a burden or other right in, to or over the property under the will or intestacy whose claim is not stated by the personal representative to have been satisfied or discharged and is not being registered as a burden or being protected by an inhibition, and, on application for a stay of the registration by any person served with a notice, he shall have all the powers conferred by rule 134 (3) and (4) and may either stay registration or register with such inhibition as he may direct;

• (c) may, if he thinks fit, enter in the register such inhibition as he may deem appropriate for the protection of any right in, to or over the property notwithstanding that the applicant has not applied for the entry of an inhibition.

Transmission on death of a registered full owner of property where the death occurs on or after the 1st day of June, 1959

94 Assent by personal representative on death testate to registration of person entitled ; application of person entitled for registration.

94.

94. (1) An assent by a personal representative to the registration of a person who claims to be by law entitled to the property of a deceased registered full owner who died testate shall be in Form 48 or 49 except where the personal representative claims to be entitled to the property.

• (2) An application by a person who claims to be by law entitled to the property of a deceased registered full owner who died testate shall be in Form 50, 51 or 52.

• (3) An application for registration as owner by personal representative claiming to be entitled to property on the death testate of a registered full owner shall be in Form 53 or 54.

• (4) The application shall be accompanied by the probate or letters of administration with will annexed or an office copy thereof.

95 Transfer by personal representative on death testate to person entitled.

95.

95. (1) A transfer of property to a person who claims to be by law entitled to the property of a deceased registered full owner who died testate by the personal representative shall be in Form 55 or 56.

• (2) The application for registration under such transfer shall be accompanied by the probate or letters of administration with will annexed or an office copy thereof.

96 Application for registration by a person, other than the personal representative entitled on intestacy.

96.

96. (1) An application for registration as owner by a person who claims to be by law entitled to property of an intestate registered full owner shall, where he is not the sole personal representative, be made—

• (a) by presenting an application in Form 59 or 60 accompanied by an assent of the personal representative of such owner in Form 57 or 58 or

• (b) by presenting a transfer of the property to him from the personal representative. The transfer shall be in Form 61 or 62.

• (2) The application shall be accompanied by the letters of administration or an office copy thereof.

97 Application for registration by personal representative entitled on intestacy.

97.

97. (1) An application for registration as owner by a personal representative who claims to be entitled to property of an intestate registered full owner shall be in Form 63.

• (2) The application shall be accompanied by the letters of administration or an office copy thereof.

Transmission on death of owner of charge or other burden

98 Application for registration on death of registered owner of charge or other burden.

98.

98. On the death of the registered owner of a charge or other burden, an application for registration as owner by a person claiming to be entitled on his death testate or intestate shall be made on the evidence prescribed for a like application for registration as owner of land, and the procedure and forms shall be followed and used with such modifications (if any) as the nature of the charge or other burden or the circumstances of the case may require.

Note of death of registered owner

99 Note of death of registered owner

99.

99. On the death testate or intestate of a registered owner of property who is not registered as a limited owner or as a joint tenant, his personal representatives may, on lodgement in the Registry of the original or an office copy of the probate or letters of administration, as the case may be, together with a certificate of the solicitor acting in the matter or, if the Registrar so requires, an affidavit identifying the deceased named in the probate or letters of administration with the registered owner of the property, have a note entered on the register setting out the fact of such death and the names of such personal representatives.

Other transmissions

100 Application for registration of successor of limited owner

100.

100. (1) On the determination of the estate or interest of a limited owner, an application for registration by a person claiming under the settlement shall be in Form 64 or 65, as the case may require. Where Form 65 is appropriate and the settlement is created by will, the original or an office copy of the will and probate or letters of administration with will annexed shall be lodged. Where Form 64 is appropriate, the assent or transfer already filed in the Registry under which the limited owner was registered shall suffice.

• (2) Save in cases where Form 64 is appropriate, the applicant shall not be registered except with the concurrence of the trustees (if any) of the settlement (whether trustees for the purposes of the Settled Land Acts or not) or after notice to them.

• (3) The application may also be made by the trustees of the settlement in Form 64 or 65, as the case may require, with the necessary modifications and with the assent of the owner to be registered to the registration of any burdens affecting his estate or interest.

• (4) The trustees' admission of the discharge or cesser of any burdens created by the settlement shall be sufficient evidence of such discharge or cesser.

101 Application for registration by survivors or survivor of joint tenants.

101.

101. (1) Where one of two or more persons registered as joint owners dies, his name shall be withdrawn from the register on proof of his death.

• (2) The death may be proved by the production of probate or letters of administration or an office copy thereof or a certificate of death, with evidence of the identity of the deceased named therein with the owner stated to be dead, or such other proof as the Registrar may deem sufficient.

Court orders

102 Registration pursuant to court order.

102.

102. An application for registration pursuant to an order of the court shall be made by lodging in the Registry an office copy of the order.

Burdens generally

103 The assent to registration of burdens that is to be given by persons other than the owner.

103.

103. (1) Pursuant to section 69 (2) of the Act, it is hereby prescribed that the concurrence of the under-mentioned persons shall be accepted in lieu of the concurrence of the registered owner in the following cases—

• (a) concurrence in the registration of a burden on transferred property created by or arising on the transfer shall be given by the transferee or the person claiming under the transferee who applies for registration as owner under the transfer;

• (b) concurrence in the registration of a burden created by the will of a deceased owner shall be given by the devisee of the property affected by the burden or the person claiming under the devisee who applies for registration as owner or, in the case of partial intestacy, by the person on whom the interest in the property devolves or the person claiming under him who applies for registration as owner:

• (c) concurrence in the registration of a charge by the personal representative of an owner of land for moneys that he is liable to pay shall be given by the person who applies for registration as owner under an assent or transfer from the personal representative;

• (d) concurrence in the registration of the following burdens shall be given by the Registrar—

• (i) a burden created under a statute or statutory power or under a power registered as a burden or under a trust for securing money registered as a burden,

• (ii) a burden created by trustees in exercise of a power under a settlement under which a limited owner is registered,

• (iii) any burden specified in paragraph (h) or (i) of sub-section (1) of section 69 of the Act.

• (2) The concurrence of a registered owner or of a person (other than the Registrar) authorised by this rule to concur in the registration of a burden may be given by his personal representative in all cases.

• (3) A registered owner or person (other than the Registrar) authorised by this rule to concur in the registration of a burden may give his concurrence personally or by his solicitor.

104 How assent to registration of burden is to be given.

104.

104. (1) The concurrence of a person (other than the Registrar) authorised to concur in the registration of a burden shall be given by written assent and the assent shall be filed.

• (2) The assent may be given in the instrument creating the burden. Otherwise, it shall be in Form 66 or included in Form 17.

• (3) The entry in the register of a burden in the registration of which the Registrar is authorised to concur shall be the evidence of his concurrence in its registration.

105 How burden may be entered.

105.

105. Where an instrument or a copy thereof authorised by these Rules is filed in the Registry and the instrument creates, or assents to the registration of, a burden, the entry of the burden in the register may be made by reference to the instrument or by setting out an extract therefrom or the effect thereof.

106 Owner of burden not entitled to custody of certificate of owner of the property.

106.

106. The owner of a registered burden shall not as such be entitled to the custody or delivery of the land certificate or certificate of charge of the property on which his burden is registered.

107 Note in register where statutory priority for burden claimed.

107.

107. (1) An applicant who applies for registration of a burden that he claims has priority over other burdens by virtue of a statute shall state in writing the statute under which priority is claimed.

• (2) On registration of the burden, the Registrar, if satisfied that the burden has the priority claimed, shall make an entry in the register to the effect that, as between the burden and prior burdens it ranks in the priority conferred by the statute specified.

108 Instrument creating two or more burdens and priority thereof.

108.

108. Where an instrument lodged for registration creates two or more burdens on the property registered, the priority in which the burdens are to be entered in the register shall be as shown in the instrument; otherwise, the burdens shall be deemed to be in equal priority and shall be entered in the register accordingly.

109 Note in register on registration of charge actually raised under a settlement.

109.

109. On the registration of a charge actually raised within the meaning of section 20 (2) (ii) of the Settled Land Act, 1882, by an instrument executed in exercise of a power in a settlement under which a limited owner is registered, an entry shall be made in the register to the effect that, as between the charge and any other burden arising under the settlement, the charge ranks in the priority it has under the settlement.

110 Note in register on registration of voluntary burden where a certificate has been issued.

110.

110. (1) On the registration of a burden created by a voluntary disposition by a registered owner or of any burden specified in paragraph (h) or (i) of section 69 (1) of the Act on property in respect of which a land certificate or certificate of charge has been issued, a note shall be entered in the register to the effect that the burden ranks in priority after any lien on the property existing and created by deposit of the certificate prior to the registration of the burden, unless it is shown to the satisfaction of the Registrar that no such lien exists.

• (2) Where the Registrar entertains a doubt as to whether, from the terms of the instrument creating a burden, the disposition is voluntary or for valuable consideration, he may send notice to the person having custody of the certificate requiring him to state whether he claims that such lien ranks in priority to the burden created by such instrument and the grounds of such claim.

• (3) Where the person having custody of the certificate claims that such lien ranks in priority to the burden, the Registrar shall send notice of the claim to the person entitled to the burden.

• (4) In default of a claim by the person having custody of the certificate that such lien ranks in priority to the burden, or of an admission of the priority of such lien by the person entitled to the burden, as the case may be, the Registrar may refuse to register the burden except in pursuance of a court order.

111 Evidence on which a burden may be cancelled or modified.

111.

111. (1) On the application of any person interested in a registered burden or in the property on which it is registered, the Registrar may cancel or modify the burden subject to compliance with the following conditions:

• (a) Where the ownership of the burden is registered, the concurrence of its registered owner or his personal representative shall be required. No modification that would prejudice the rights of the owner of the property that the burden affects or of the owner of any other registered burden shall be made without the concurrence of that owner.

• (b) Where the ownership of the burden is not registered or where the registered owner of the burden does not concur in the proposed cancellation or modification, the right of the applicant to the cancellation or modification applied for shall be proved to the satisfaction of the Registrar; and the cancellation or modification shall be made only after such inquiries and notices as the Registrar may direct.

• (c) Where the burden is a covenant or condition relating to the use or enjoyment of property, the concurrence of all persons appearing to the Registrar to be interested in the enforcement thereof shall be required.

• (2) The application may be in Form 71A or 71B, as the case may be, adapted to suit the facts of the particular case.

112 Where burden may be cancelled as extinguished.

112.

112. Where the registered owner of a burden becomes the registered full owner of the property on which it is a burden, the Registrar may unless the contrary appears, treat the burden as extinguished and cancel its entry in the register, where, after giving notice to the registered owner of his intention to do so, no objection to the proposed cancellation is made.

Charges

113 Forms of charge, transfer of charge and release.

113.

113. (1) A charge for the payment of money, and a transfer and release thereof, shall be made by instruments in such one of Forms 67 to 72 as may be applicable.

• (2) A charge by way of annuity shall be made by instrument in Form 72 and its release may be made in Form 71A or 71B, as the case may be, adapted to suit the facts of the particular case.

114 Registration of charge created by a company.

114.

114. Where, on the registration of a charge created by a company within the meaning of the Companies Act, 1963 , a certificate has not been produced to show that the charge has been registered in accordance with the requirements of section 99 of that Act, a notice to that effect shall be entered in the register.

115 Sub-charges.

115.

115. (1) The registered owner of a charge may charge it in the same manner as the registered owner of land may charge his land. Such a charge shall be described in the register as a sub-charge.

• (2) A sub-charge may be created, registered, transferred, disposed of and released in the same manner as a charge.