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

• (3) On the registration of a sub-charge or of any dealing therewith, the Registrar may, where he deems it expedient or conducive to clarity, transfer the title to the charge affected by the sub-charge to the register maintained under section 8 (b) of the Act.

116 Meaning of " future advances " in register and the registration of a charge for same.

116.

116. (1) Where a charge is registered to secure future advances, the expression "future advances" in the register shall have the same meaning as that expression has in section 75 of the Act.

• (2) Where a charge for securing future advances to an unlimited amount, other than a charge which is exempted from ad valorem duty by statute, is registered, an entry shall be made in the register, and in any certificate of charge issued in respect of the charge, of the amount that the ad valorem duty impressed on the instrument of charge extends to cover, and neither the register nor the certificate of charge shall be admissable as evidence that the charge secures any advances in excess of that amount, except as provided in section 88 of the Stamp Act, 1891.

117 Dealing with mortgage created prior to first registration where registered.

117.

117. (1) Where a mortgage created prior to the first registration of property is entered in the register, the Registrar may, on the application or with the concurrence of the person entitled thereto, register him as owner of a charge, on due proof of his title and after notice to the owner of the mortgaged property.

• (2) The same forms may be used and the same procedure may be adopted on transfers and other dispositions of a charge of which an owner is so registered as are applicable to registered charges.

• (3) A certificate of charge may be issued in respect of such a charge the ownership of which is registered.

Judgment mortgages

118 Registration of affidavit of judgment mortgage.

118.

118. (1) Registration of an affidavit for the purpose of registering a judgment as a burden on registered property shall be effected by the deposit in the Registry of the copy affidavit required by section 6 of the Judgment Mortgage (Ireland) Act, 1850, as amended by section 71 of the Act, and the entry of notice of the deposit in the register of the property that the judgment creditor seeks to charge.

• (2) The notice in the register of the deposit shall be in Form 74, with such variation as the Registrar may, in special circumstances, direct.

119 Evidence on entry of notice of deposit of affidavit of judgment.

119.

119. (1) The registered property of the judgment debtor that the judgment creditor seeks to charge shall be identified by a statement in the affidavit to the effect that the property described in it that the judgment debtor is seized or possessed of or has disposing power over is the property, or a defined part of the property, in a specified folio of the register, or by a certificate of the judgment creditor or his solicitor to the like effect endorsed on the copy affidavit deposited.

• (2) No entry of notice of the deposit of an affidavit as a burden shall be made unless the affidavit—

• (a) purports to be made by the creditor specified in section 6 of the said Act of 1850 or by a person authorised to make it by section 3 of the Judgment Mortgage (Ireland) Act, 1858, and

• (b) specifies

• (i) the folio of the register and the county in which the property is situate;

or

• (ii) the county and barony, or the town and county of a city, and parish, or the town and parish, in which the property to which it relates is situate.

120 Notice of deposit of affidavit.

120.

120. (1) Notice of the deposit of an affidavit of judgment in the Registry and of the entry made in the register on its deposit shall be sent from the Registry to the registered owner of the property and to the other persons (if any) whose estate or interest therein the affidavit purports to charge and whose address in the State for service of notices is disclosed in the register or the affidavit.

• (2) The notice shall be in Form 75.

121 Application to cancel notice of deposit of affidavit on grounds of invalidity of judgment mortgage.

121.

121. (1) Where an entry of notice of the deposit of an affidavit of judgment is made in the register of any property, a registered owner, or any other person interested, who claims that the deposit and the notice thereof in the register do not create a valid burden may apply to the Registrar for the cancellation of the notice.

• (2) The application shall be in writing and shall state the grounds on which the applicant claims that the entry should be cancelled, as, for instance, that a specified provision of the Judgment Mortgage (Ireland) Acts, 1850 and 1858, has not been complied with or that the judgment debtor had no estate or interest in the property or no estate or interest capable of being affected by registration of the affidavit, and shall state the facts on which he relies in support of his claim.

• (3) Where the Registrar is satisfied on the facts stated that a prima facie case for cancellation of the entry has been made, notice of the application and of the cancellation proposed to be made shall be given to the judgment creditor and, in default of objection thereto by him within the time specified by the notice, the entry shall be cancelled.

• (4) Every objection to a proposed cancellation shall be in writing and shall be signed by the judgment creditor or his solicitor. It shall state the grounds of the objection and the facts relied on in support thereof.

• (5) Where, in the opinion of the Registrar, the application and objection do not raise a question of law or fact relative to the validity of the registration made which should be referred to the court, he may cancel or refuse to cancel the entry of notice of the deposit; but, if a question of law or fact is disclosed on which, in his opinion the validity of the affidavit as a judgment mortgage depends, he may refer the question to the court for decision.

• (6) The costs of proceedings in the Registry under this rule shall be those prescribed in Part VI of the Schedule of Costs to these Rules. Where the entry is cancelled, the prescribed costs of the applicant shall be paid by the judgment creditor. Where it is not cancelled, the prescribed costs of the judgment creditor shall be paid by the applicant. The Registrar shall, on application, make an order for the payment of the costs.

122 Cancellation of notice of deposit of affidavit of judgment validly registered.

122.

122. Subject to an inhibition in the register to the contrary, an entry of notice of the deposit of an affidavit of judgment may be cancelled on production in the Registry of the certificate specified in section 9 of the Judgment Mortgage (Ireland) Act, 1850, of the satisfaction of the judgment, decree or order in respect of which the affidavit was deposited, or of a requisition by the judgment creditor or his personal representative, in Form 76, for its discharge.

Other burdens

123 Lease.

123.

123. (1) An application for registration of a lease duly created after first registration of the property affected as a burden shall be made by lodging in the Registry the lessee's part of the lease with a duplicate or attested copy. The entry in the register shall give the date of the lease, the term and rent, and particulars of the property demised sufficient to identify it on the registry map.

• (2) Pursuant to section 70 of the Act, it is hereby prescribed that, on the registration of the lease as a burden where the unexpired residue of the term granted by the lease is more than twenty-one years, the ownership of the lease shall be entered in the appropriate register maintained under section 8 of the Act.

124 Rentcharge.

124.

124. (1) A rentcharge may be created by an instrument in Form 73.

• (2) An application for registration of a rentcharge as a burden shall be made by lodging in the Registry the grant or the rent owner's part thereof, with a duplicate or attested copy. The entry in the register shall give the date of and parties to the grant, the rent, and particulars of the property affected sufficient to identify it on the registry map.

125 Power to charge and trust to raise money.

125.

125. (1) A trust for securing money and a power to charge or other power vested in any person virtute officii shall be registered as a burden by reference to the instrument creating the trust or power, and no charge under the trust or power shall be registered until it is shown to the satisfaction of the Registrar that the person raising the money under the trust or power is the person authorised to do so by the instrument.

• (2) A person raising money under such a trust or power shall do so by creating a registered charge in the manner prescribed by section 76 of the Act and not otherwise.

126 Lien for unpaid purchase money.

126.

126. (1) An application for registration of a lien for unpaid purchase money shall be made in writing signed by the vendor or his solicitor. It shall give the address of the vendor in the State for service of notices and shall be accompanied by the prescribed assent to its registration as a burden.

• (2) A lien may be discharged in the register on the consent of the vendor or his personal representative or the solicitor for either of them.

127 Judgment or court order.

127.

127. An application for the registration of a judgment or order of a court as a burden shall be made in writing signed by the applicant or his solicitor. It shall identify the property affected by the judgment or order by a reference to the folio of the register in which its ownership appears and, if necessary, to a map, and shall state whether all the property is affected and, if not what part is affected. Evidence of the judgment or order shall be lodged with the application.

128 Lis Pendens

128.

128. (1) An application for the registration of a lis pendens as a burden shall be made in Form 77. It shall be signed by the applicant or his solicitor and shall have subscribed thereto a certificate of the existence of the cause or proceeding signed by the proper officer of the court in which it is pending.

• (2) The entry of a lis pendens in the register shall be in Form 78, with such variation thereof as the Registrar may, in special circumstances, direct.

• (3) An application for the discharge of a lis pendens shall be made by lodging in the Registry a certificate signed by the proper officer of the court in which the lis pendens may be that it has been duly vacated pursuant to order of the court, or by lodging an order of the court directing its cancellation on the register, or by lodging a transfer of the property made in pursuance of an order for sale by the court in which the lis pendens may be, or by lodging a consent by all persons appearing to be interested in the cause or proceedings to the cancellation of the lis pendens in the register.

129 Recognisances, bonds and judgments.

129.

129. (1) An application for registration of a recognisance or other matter referred to in section 117 (2) (a) of the Act as a burden shall be made by lodging in the Registry the memorandum prescribed by section 11 of the Judgments (Ireland) Act, 1844, together with evidence that the person whose estate or interest is sought to be affected is either the registered owner or, in the case of settled land, another person having an estate or interest in the property under the settlement against whom registration is applied for. The memorandum shall be signed by the applicant or his solicitor and shall have subscribed thereto a certificate of the existence of the recognisance or other matter by the proper officer of the court in which it was obtained or by some other duly authorised person.

• (2) The entry in the register of a recognisance shall be in Form 79. The entry in the register of the other matters referred to in the said section 117 (2) (a) of the Act shall be in a like form, with such variation as the case may require and the Registrar allows.

• (3) An application for the discharge of a recognisance or a State bond shall be made by lodging in the Registry a certificate of vacate.

• (4) An application for the discharge of a judgment shall be made by lodging in the Registry a certificate of the satisfaction of the judgment.

130 Easement or profit à prendre.

130.

130. (1) Every application for the registration of an easement or profit à prendre as a burden shall be accompanied by a plan drawn on the current largest scale map published by Ordnance Survey showing the part of the property described in the register over which the right is to be exercised, unless it can be otherwise clearly identified in the registry map from the description in the instrument creating the right. Where the application is for registration of a right of way, it may be made in Form 80, with such modifications therein as the case may require.

• (2) The application shall also be accompanied by a plan drawn on the current largest scale map published by Ordnance Survey showing the property to which the right granted (except it is a profit à prendre in gross) is appurtenant, unless it can be identified on the registry map by reference to the folio of the register in which its ownership is registered.

• (3) The plan, if not endorsed on and referred to in the instrument creating the right, shall be signed by the registered owner of the property on which the right is to be registered as a burden and by the grantee of the right or his solicitor.

Cautions and inhibitions against registration of dispositions

131 Form of caution, affidavit or certificate in support and notice.

131.

131. (1) A caution against dealings by a registered owner shall be in Form 81. The caution shall be signed by the cautioner or his solicitor and shall contain an address in the State for service of notices on the cautioner.

• (2) A caution may be limited to specified dealings by the registered owner.

• (3) The affidavit in support of the caution shall be in Form 82 and shall state the facts that show the unregistered right in, to or over the registered property in respect of which the caution is lodged. The certificate under section 97 (6) of the Act may be in Form 82 (suitably adapted) signed by the solicitor to the statutory authority.

• (4) Notice of the entry of a caution shall be sent by the Registrar to the registered owner of the property to which it relates. The notice shall be in Form 83.

132 Warning notice to cautioner.

132.

132. (1) Whenever

• (a) an application in writing for the discharge of a caution is made by the registered owner of the property affected or

• (b) a dealing of which the cautioner requires notice is presented for registration without the consent of the cautioner,

notice shall be sent to the cautioner warning him that his caution will lapse after the time stated in the notice.

• (2) The time to be specified in a warning notice shall be 7 days or such other period as the Registrar may, in the special circumstances of a case, direct.

• (3) The notice shall be in Form 84 or 85.

133 Application by registered owner for discharge of caution.

133.

133. An application by a registered owner for the discharge of a caution shall state the grounds of his application, as, for instance, that the right for the protection of which the caution was entered does not exist or has ceased to exist, and shall state the facts alleged in support thereof.

134 Procedure on appearance by cautioner to a warning notice.

134.

134. (1) A cautioner or his personal representative may appear before the Registrar, or deliver a statement in writing at the Registry, at any time within the time stated in the warning notice, for the purpose of obtaining a stay on registration of the dealing referred to in the notice or, where the warning is sent on the application of the registered owner, for the purpose of obtaining the continuation of the caution.

• (2) The applicant shall state the grounds on which registration of the dealing should be stayed or the caution should be continued, as, for instance, that the dealing, if registered, would defeat or postpone the prior unregistered right of the cautioner which he was proceeding to enforce, or, where the warning notice is sent on an application by the registered owner, that proceedings are pending, or are about to be taken, to enforce the right protected by the caution.

• (3) Where he deems it necessary or expedient, the Registrar may appoint a day and time for the parties to attend before him for the determination of the terms and conditions on which registration of a dealing shall be stayed or the caution continued or cancelled.

• (4) The Registrar may make such ruling on the application as he may think just, as for instance, that registration under the dealing be stayed for a specified period or that registration under the dealing be made and the caution continued or, where the warning notice was sent on an application by the registered owner, that the caution be continued either indefinitely or for a specified period or that its entry be cancelled.

135 Withdrawal of caution or consent of cautioner to dealing.

135.

135. (1) A caution may be withdrawn at any time either as against the whole or any part of the property to which it relates. The application for its withdrawal may be in Form 86 and shall be signed by the cautioner or his solicitor or the personal representative of the cautioner or his solicitor; and, where the withdrawal is against part only of the property affected by the caution, it shall identify the part to which the withdrawal relates, by reference, where necessary, to a plan.

• (2) A cautioner or his personal representative may by writing signed by himself or his solicitor consent to registration under a specified dealing. The consent may be absolute or conditional on the caution being continued or on a specified inhibition being entered in the register.

136 Lapse of caution.

136.

136. Where the warning notice required by a caution has been given in respect of the whole of the property to which it relates and the time stated in the notice has expired, the caution shall be deemed to be exhausted and its entry in the register shall be cancelled, unless the Registrar otherwise directs.

137 Form of inhibition.

137.

137. (1) An inhibition for the protection of an unregistered right or interest may be in the terms of one of the clauses in Form 88, which may be modified or adapted as may be requisite for restricting the registration of dealings that would defeat, postpone or prejudice the right or interest claimed.

• (2) The Registrar may refuse to enter in a register an inhibition that does not state clearly and explicitly the restriction to be imposed.

138 Entry of inhibition on consent.

138.

138. (1) An inhibition for the protection of an unregistered right or interest affecting the property of a registered owner may be entered in the register of the property with his consent in writing, which shall be lodged in the Registry together with a statement of the facts showing the nature of the unregistered right or interest in the property that is enforceable against the registered owner.

• (2) An inhibition for the protection of an unregistered right or interest affecting an estate or interest created by a settlement under which a limited owner is registered may be entered in the register with the consent of the owner of such estate or interest or of the trustees of the settlement. The consent shall be in writing and shall be lodged in the Registry together with a statement of the facts showing the nature of the unregistered right or interest in the property that is enforceable against the owner of such estate or interest.

139 Application for inhibition where there is no consent.

139.

139. (1) An application to the Registrar for the entry of an inhibition, other than one the entry of which is authorised on the consent prescribed by rule 138, may be in Form 87.

• (2) Where the inhibition applied for is a restriction on the registration of dispositions by a registered owner, the application shall state the facts showing that the applicant has an unregistered right or interest in the property that is enforceable against the registered owner.

• (3) Where the inhibition applied for contains a restriction on the registration of dispositions by—

• (a) the personal representative of a registered owner of property,

• (b) the heir, devisee or other person entitled on the death of a full owner,

• (c) the owner of an estate or interest in property the subject of a settlement under which a limited owner is registered

or

• (d) any person claiming a right in or to a registered burden the ownership of which is not registered, the application shall state the facts showing that the applicant has an unregistered right or interest in the property that is enforceable against such person.

• (4) The application shall be accompanied by the instrument (if any) creating the unregistered right or interest, or such evidence thereof as the Registrar may deem sufficient, or, where the right or interest does not arise under an instrument, an affidavit or other evidence in proof of the facts that gave rise to it.

• (5) An instrument creating an unregistered right or interest may, if the applicant so applies, be filed in the Registry for safe custody.

140 Procedure on application for inhibition.

140.

140. (1) The Registrar may refuse to enter an inhibition applied for unless modified in such manner as he shall direct.

• (2) Where the Registrar is satisfied on the facts disclosed in an application or in any document produced in support of it that the applicant is prima facie entitled to the right or interest claimed, he shall send notice of the application and of the proposed inhibition—

• (a) to the registered owner of the property, if the right or interest is enforceable against him,

• (b) to the person or persons appearing to be entitled to dispose of the estate or interest in the property against which the right exists, where the registered owner is known to be dead or is a minor or mentally incapacitated or where his whereabouts are unknown or the estate or interest affected by the right is in a settlement under which a limited owner is registered.

• (3) The Registrar may also give notice to any person appearing from the register to be affected by the right or interest.

• (4) The notice shall be in Form 89.

141 Procedure on objection to inhibition.

141.

141. (1) Any person to whom notice of an application for an inhibition is sent may apply to the Registrar, within the time stated, objecting to the entry of the proposed inhibition or requesting that its terms be modified or that it be limited in duration. He shall state the grounds for the objection or request.

• (2) The Registrar may, if he thinks fit, appoint a day and time for the parties to attend before him for the determination of any question relative to the terms or duration of the inhibition to be entered.

• (3) The Registrar may make any modification of the proposed inhibition that he thinks expedient, having regard to any additional facts disclosed by the parties, and may enter the inhibition so modified in the register.

142 Modification or discharge of registered inhibition.

142.

142. (1) An application to modify or discharge an inhibition entered in the register otherwise than by an order of a court shall be in Form 90 or 91.

• (2) Where the application is not made with the consent of all persons appearing from the register and the instrument on which the entry was made to be entitled to the benefit of the inhibition or their solicitors, it shall be accompanied by evidence of the facts on which it is claimed that the entry should be modified or by evidence that the right protected by the entry has been released or satisfied or has otherwise ceased to exist.

• (3) Notice of the application, if not made with their consent, shall be given to the persons appearing from the register or the instrument on which the inhibition was entered to be entitled to the benefit of the inhibition, who may object thereto within the time stated in the notice. Every objection shall be in writing and shall state the grounds thereof.

• (4) The Registrar may make such ruling on the application as he may think just. In particular, he may direct the discharge of the inhibition or may continue it indefinitely or for a specified period or with such modifications as he may direct.

143 Application in anticipation of dealing inhibited without Registrar's order or approval.

143.

143. (1) An application may be made to the Registrar, in anticipation of an intended dealing with property subject to an inhibition in the register against dispositions except under his order or with his approval, for a direction in writing that registration under the intended dealing may be made; and the Registrar may direct that registration under the dealing, if carried out, may be made either unconditionally or subject to such inhibition as he may direct.

• (2) The direction of the Registrar may specify a time within which registration under the dealing authorised is to be made.

144 Procedure on lodgment of dealing inhibited without notice to specified persons.

144.

144. (1) Where an inhibition is entered in the register restricting dealings except after notice to a specified person, the notice to be sent to such person, where a dealing within the terms of the inhibition is presented for registration, shall be in the same form as a warning notice prescribed for service on a cautioner, with such modification thereof as the Registrar may consider necessary.

• (2) The person specified in the inhibition or his personal representative or other person entitled to the benefit of the inhibition may appear to the warning notice and apply for a stay on the registration and the procedure prescribed on a similar application by a cautioner shall be applicable. The Registrar shall have the same powers as on a like application by a cautioner.

145 Inhibition under order of court.

145.

145. An entry of an inhibition under an order of a court shall state that it is made pursuant to that order.

Other entries

146 Entry of notice of certain burdens that affect without registration.

146.

146. (1) Notice of the existence of any burden specified in section 72 (2) of the Act shall be given by an entry in the register to the effect that the property specified is subject to the burden.

• (2) If the burden does not affect all the property described in a folio of the register, the consent or order authorising the entry of notice of it shall be accompanied by a plan drawn on the current largest scale map published by Ordnance Survey showing the part of the property subject to the burden, unless it can be otherwise sufficiently identified on the registry map.

• (3) The note required by section 59 of the Act shall be an entry to the effect that the property is subject to the provisions of the enactment restricting the alienation, assignment, subdivision or sub-letting, as the case may be.

147 Entry of notice of exemption from certain burdens under section 72 (2) of the Act.

147.

147. (1) Notice of the exemption of specified property from any former crown rent, quit rent, ecclesiastical tithe rentcharge, payment in lieu of tithe or tithe rentcharge, land improvement charge, drainage charge or land purchase annuity may be entered in the register on a certificate of its exemption therefrom given by the Department of State charged with the collection of the sums payable on such burden.

• (2) Notice of the exemption of specified property from estate duty shall be entered in the register—

• (a) on production of the certificate prescribed by section 11 of the Finance Act, 1894, or

• (b) on proof to the satisfaction of the Registrar that the duty (if any) has ceased to be a burden on the property under the provisions of section 12 of the Customs and Inland Revenue Act, 1889.

The notice shall be to the effect that the property was exempt from the duty at the date of the entry.

• (3) Notice of the exemption of specified property from succession duty shall be entered in the register on production of the certificate prescribed by section 51 of the Succession Duty Act, 1853. The notice shall be to the effect that the property was exempt from the duty at the date of the entry.

148 Entry of conclusiveness of a boundary of property.

148.

148. Every entry in the register of the conclusiveness of a boundary shall be made by stating therein the physical boundary of the property along a specified line on the registry map and the part of it that is the ascertained line of the boundary, as, for instance, that the face or centre of the fence or wall or the centre or a specified side of a stream or drain along the line shown on the map is the boundary and is conclusive as between the adjoining owners, or as against all persons, as the case may be.

149 Entry of boundary ascertained by Land Judge's conveyance.

149.

149. A boundary defined by one of the instruments specified in section 86 of the Act shall not be entered in the register as conclusive unless the facts that enable it to be defined in the register in accordance with the foregoing rule may be ascertained from the instrument and unless notice of the proposed entry has been given to the owners of the adjoining property and no objection thereto has been received within the time limited by the notice.

150 Entry of boundary by agreement.

150.

150. (1) An application by owners of adjoining property for entry in the register of the boundary between their property, or part of it, shall be made by lodging in the Registry—

• (a) a plan drawn on the current largest scale map published by Ordnance Survey showing the land adjoining the boundary to be defined and indicating the site of the boundary by a line in colour.

• (b) a consent in writing by the owners referring to the plan and stating in the manner prescribed by rule 148 the physical boundary along the line indicated on the plan and the part of it that they agree is the boundary.

• (2) Where an owner who is a consenting party is the owner of unregistered land, proof shall also be given that he is the owner within the meaning of section 89 of the Act who is authorised by that section to consent.

151 Settlement of boundary on transfer.

151.

151. The boundary between registered property transferred by a registered owner and other registered property of which he is the registered owner may be entered in the register as conclusive on lodgment in the Registry of a consent by the transferor and transferee in the terms specified in the foregoing rule.

152 Entry of name of new trustee of a settlement.

152.

152. (1) The name of a new trustee of a settlement under which a limited owner is registered shall be entered in the register on production in the Registry of the deed, or an office copy of the order, appointing the trustee, with such evidence as may be necessary to show that the appointment is properly made, as, for instance, evidence that the appointor is the person authorised to make the appointment and that there is a vacancy in the trusteeship.

• (2) Where the appointment is by deed, the deed or an attested copy thereof shall be filed for reference.

153 Removal of description of infancy.

153.

153. The description of a registered owner of property as an infant shall be removed from the register on an application in writing accompanied by proof that he has attained full age.

154 Entry in register on conversion of a registered renewable lease.

154.

154. On production in the Registry of a grant in perpetuity of unregistered property made under the provisions of any enactment other than the Landlord and Tenant (Ground Rents) Act, 1967 , to the registered owner of a leasehold interest therein in conversion of the lease into a fee-farm grant or grant in perpetuity, a note shall be made in the register to the effect that the registered owner claims the fee-simple under the grant; and short particulars of the grant shall be given. Notice of the registration of the ownership of the leasehold interest and of the provisions of section 48 of the Act shall be endorsed on the grant, which shall be re-delivered to the person who produced it.

PART IV MISCELLANEOUS

Land Certificates

155 Form and contents of land certificate.

155.

155. (1) A land certificate, on first issue shall be in the form of the relevant folio of the register and may, where the Registrar permits, include a copy of a filed plan. It shall certify, in Form 92 (with such modifications as the case may require), the ownership registered and the burdens, notices of burdens, cautions and inhibitions appearing in the register on the date of issue.

• (2) A land certificate, on first issue, may be a facsimile of the relevant folio of the register and may where the Registrar permits include a copy of a filed plan (which shall for the purpose of section 105 (4) of the Act be deemed to be a part of the certificate), with, in a case to which paragraph (3) of this rule applies, such omissions as the Registrar may deem necessary. On re-issue, such certificate may be suitably amended by the addition of such entries as may be necessary to make it conformable with the register.

• (3) Where owners of property are registered as tenants in common, separate land certificates may be issued to each owner certifying his ownership of his undivided share or shares in the property as appearing in the register. The ownership of the shares of more than one tenant in common shall not be certified in one land certificate.

• (4) Every land certificate shall be authenticated by the affixing of the Registrar's official seal.

Certificates of charge

156 Form of certificate of charge in certain cases.

156.

156. (1) A certificate of the ownership of a registered charge shall be called a certificate of charge.

• (2) On the registration of a joint-stock banking company, building society, industrial or provident society or trustees of a friendly society as owners of a charge, the Registrar may issue the instrument of charge with an endorsement thereon certifying the registration of the charge as a burden in the register of the property affected and the ownership of the charge; and the instrument so endorsed shall be for all purposes the certificate of charge.

• (3) Where the instrument of charge is issued as a certificate, a duplicate thereof or an attested copy shall be lodged and filed for reference.

• (4) On a transfer of the charge, the instrument issued under this rule shall be retained in the Registry and the endorsement thereon cancelled; but the transferee shall be entitled to a certificate of charge in the form prescribed by rule 157 on payment of the prescribed fee.

157 Form and contents of certificate of charge.

157.

157. (1) Except as provided in rule 156, a certificate of charge shall be in Form 93, with such modifications as the Registrar in the special circumstances of any case may direct. It shall be authenticated by the Registrar's official seal being affixed thereto.

• (2) The certificate shall certify the registration of the charge and its ownership and shall contain particulars of the property charged and the burdens, notices of burdens, cautions and inhibitions appearing in the register as affecting the charge on the date of issue.

• (3) The certificate may have a duplicate or an office copy of the instrument of charge annexed to it; and the particulars of the charge may be given in the certificate by reference to the duplicate or office copy.

• (4) Where owners of a charge are registered as tenants in common of the charge, separate certificates of charge may be issued to each owner certifying his ownership of his undivided share or shares in the charge as appearing in the register. The ownership of the shares of more than one tenant in common shall not be certified in one certificate.

Certificates generally

158 Certificates already issued.

158.

158. Nothing in these Rules shall invalidate any document issued as a land certificate, certificate of title or certificate of charge by the Registry prior to the coming into operation of these Rules and any such certificate may be re-issued with such entries therein as may be necessary to make the certificate conformable with the register.

159 Certificate not to certify ownership of burdens.

159.

159. A land certificate or certificate of charge issued in respect of property shall not be deemed to certify the ownership of any burden appearing thereon nor shall anything in these Rules oblige the Registrar to enter ownership of or any dealing affecting any such burden on such certificate except an entry of its release or discharge or any entry affecting its priority.

160 Authentication of entry on certificate.

160.

160. The last entry made in each part of every certificate shall, on its first issue, be authenticated by affixing thereto an authentication seal kept in the Registry for the purpose. Every entry made in a certificate after its first issue shall be authenticated by affixing the authentication seal thereto.

161 The date of issue of certificate.

161.

161. (1) Every certificate shall have an entry thereon showing the date on which it was issued or last examined and made conformable with the register in accordance with these Rules. The date on which a certificate was originally issued, or was last examined and re-issued, shall be called its " date of issue ".

• (2) On being lodged in the Registry for the purpose and on payment of the prescribed fee, a certificate shall at any time be made conformable with the register in accordance with these Rules and re-issued.

162 Production of a certificate on registration.

162.

162. (1) Production to the Registrar of every certificate shall be required for the registration of a dealing with the property whose ownership it certifies, when the dealing is—

• (a) by the registered owner,

• (b) with the consent of the registered owner,

• (c) by the personal representative of the registered owner by way of transmission or otherwise,

• (d) a transmission under a settlement under which a limited ownership is registered,

• (e) a registration in respect of which any enactment requires such production.

• (2) Production of the certificate on the registration of any other dealing with the property the ownership of which it certifies shall not be required.

163 Production of certificate of charge on sale by owner of charge.

163.

163. On the registration of a transferee under a transfer of property by the registered owner of a charge thereon in exercise of his power of sale, his certificate of charge (if any) shall be produced.

164 Application for order for production of certificate.

164.

164. (1) An application to the Registrar under section 105 (2) of the Act for an order for the production of a certificate shall be in Form 94 and shall be signed by the applicant or his solicitor.

• (2) On receipt of the application, the Registrar shall send notice to the person against whom the order is sought, requiring him to state whether he has the custody of the certificate, and, if he has, whether he claims that the dealing for which production is required is one that cannot be registered without his consent and the grounds of his claim.

• (3) Where the person having the custody of the certificate claims that the dealing cannot be registered without his consent, the Registrar shall, subject to an appeal to the court, determine the question and, for that purpose, may appoint a day and time for the parties to attend before him.

• (4) In default of a reply to the notice within the time specified therein, where it appears to the Registrar, from the statements in the application and the documents lodged for the purpose of the registration for which the certificate is required, that the dealing is one that can be effected without the consent of the person having the custody of the certificate, the Registrar shall make the order sought.

• (5) The costs of proceedings in the Registry under this rule shall be those prescribed in Part VII of the Schedule of Costs to these rules and the Registrar shall, on application, make an order for payment of such costs by—

• (a) the person having custody of the certificate, who, being bound to produce it, neglects or refuses to do so or

• (b) the applicant for such order, where the Registrar refuses to make an order for production of the certificate.

165 Power to dispense with production of certificate in certain cases.

165.

165. (1) Where it is proved to the satisfaction of the Registrar that a certificate is in the custody of a person not residing in the State who refuses or neglects to produce it or of a person whose address cannot be ascertained, or that the certificate has been lost, he may dispense with the production of the certificate—

• (a) on the registration of a dealing with the property that can be effected without the consent of the person having its custody,

• (b) on the registration of any dealing with the property, where it is proved to his satisfaction that the certificate is not deposited with the person having its custody for the purpose of creating a lien on the property.

• (2) Before dispensing with the production of a certificate under this rule, the Registrar may give such notice of the proposed registration, and take such indemnity as he may deem necessary.

166 On registration of dealing, certificate to be made conformable with register or substitute certificate issued.

166.

166. (1) On the registration of a dealing with property where the certificate issued in respect of such property is produced, the certificate shall, before re-issue, be made conformable with the register in accordance with these Rules.

• (2) The Registrar may issue a new certificate in substitution for a certificate produced to him. On the issue of the new certificate, the old certificate shall be cancelled.

167 Power to issue new certificate in certain cases.

167.

167. Subject to such notices and inquiries (if any) as he may deem expedient, the Registrar may issue a new certificate to a registered owner of property whose registration without production of the certificate issued in respect thereof is authorised by these Rules.

168 Deposit in Registry of certificate for specified registrations.

168.

168. (1) A certificate may be deposited in the Registry by the holder thereof for the purposes of the registration of such transactions as are specified in a notice by him to the Registrar accompanying the certificate.

• (2) The notice shall be in Form 95 and shall specify a time within which the transaction or transactions are to be registered.

• (3) The Registrar shall give a receipt in Form 96 for a certificate so deposited; and where the instruments are not presented for registration at the Registry within the time specified in the notice, the certificate shall be re-delivered to the person who deposited it.

• (4) No registration of dealings with the property, other than those specified in the notice, shall be made while the certificate is in the Registry without the consent of the person who deposited it, except a registration that under the Act or these Rules may be made without his consent.

• (5) On completion of the registration authorised by the notice, the certificate shall be re-delivered to the person who deposited it.

169 Certificate containing unofficial entries to be cancelled.

169.

169. Where an entry not made in the Registry and authenticated in accordance with these Rules or any erasure or other defacement appears on a certificate or part of the certificate has been detached and the certificate is produced to the Registrar, the certificate shall be retained in the Registry and cancelled, and a new certificate shall not be issued except on payment of the prescribed fee and after such notices and inquiries (if any) as the Registrar may direct; and he may postpone the issue thereof for a period to be specified.

170 Power to issue new certificate where certificate lost and to dispense with production of certificate.

170.

170. (1) Where it is proved to the satisfaction of the Registrar that any certificate has been lost or destroyed, he may issue a new certificate after causing to be published by the applicant at the applicant's expense such notice in local or other papers, making such inquiries and taking such indemnity as he may deem necessary.

• (2) Where the Registrar is prima facie satisfied that any certificate is lost or destroyed, he may, on an application for registration for the purpose of which the certificate is required, on causing to be published by the applicant at the applicant's expense such notice in local or other papers and after making such inquiries and taking such indemnity as he may deem necessary, dispense with its production. He may also dispense with the production of any certificate notwithstanding that a new certificate is not being issued in substitution therefor.

171 Record to be kept of outstanding certificates.

171.

171. (1) A record shall be kept in the Registry of every outstanding certificate to property for which a new certificate is issued under rule 167 or 170 of these Rules.

• (2) The record shall be open to public inspection on payment of the prescribed fee.

172 Note of issue of certificate to be made in register.

172.

172. Wherever a land certificate or certificate of charge is issued to a registered owner or any other person, a note that such certificate has been so issued shall be entered in the register of the property to which such certificate relates.

173 Authorised statement on certificates.

173.

173. A certificate may have endorsed thereon a short statement of its purport and effect and of the procedure on registration.

Registry maps.

174 Registry maps.

174.

174. (1) Registry maps shall be maintained for the plans of property described in the registers.

• (2) The Registry map shall include—

• (a) general and/or index maps showing thereon the position and extent of every registered property,

• (b) individual plans of registered properties (otherwise known as filed plans) which may be annexed to the folios of the register in which such properties are registered or may be filed separately in the Registry,

• (c) plans referred to in rule 30,

• (d) any map adopted under the provisions of section 84 (3) of the Act.

• (3) The maps maintained for property in all areas shall as far as possible, be on the 25 inch or such larger scale adopted for a specified area as the Registrar may direct. Where this is not feasible maps may be maintained for such areas and on such scale as the Registrar allows.

• (4) Where a map on a particular scale is adopted for a specified area, all plans of property in that area shall be shown on the scale adopted for the area.

175 Contents of registry maps.

175.

175. (1) There shall be shown on the appropriate registry maps—

• (a) a plan or plans of the land described in each folio of the register of ownership of freehold land,

• (b) a plan or plans of the land subject to the ownership of lease-hold interests described in each folio of the register of leasehold interests,

• (c) a plan or plans of the land the subject of every incorporeal hereditament of freehold tenure or lease thereof described in each folio of the register maintained under section 8 (b) of the Act,

• (d) such plan or plans as may from time to time be necessary or expedient for the identification of property subject to a burden, notice, caution or inhibition entered in a folio of a register.

• (2) Every plan shall be defined on the registry map by an edging in colour or otherwise as the Registrar may deem convenient in a particular case and shall have a number or symbol thereon; and the property described in each folio shall be identified therein by a reference to its plan or plans on the registry map.

176 Revision of description in registers and revision of maps.

176.

176. (1) (a) Where, owing to a revision of the Ordnance Survey maps, a change is made in the description of a denomination of land in such maps, the Registrar shall revise the description in the registers of any property affected by the change so as to make the description in the registers conform with the description on the revised Ordnance Survey maps.

• (b) When for any reason a Registry map becomes defaced or destroyed the Registrar may cause a new map to be prepared and substituted for such defaced or destroyed map.

Infants

177 Persons who may represent infants.

177.

177. (1) An infant may be represented for all or any of the purposes of the Act by his guardian (if any) appointed by a court of competent jurisdiction or, if there is no guardian so appointed by his parents or by a person who is his guardian under the provisions of the Guardianship of Infants Act, 1964 , or by trustees under the provisions of section 57 of the Succession Act, 1965 .

• (2) Where it appears to the Registrar in the course of any proceeding under the Act that the person representing an infant has an interest adverse to, or conflicting with, the interest of the infant or that it is in the interest of the infant that some other person should be appointed to represent him, he may refuse to proceed until another person is appointed to represent the infant in the proceedings.

178 Appointment of person to represent infant.

178.

178. (1) Where there is no person authorised by the foregoing rule to represent an infant or where someone other than such person ought to be appointed, the Registrar may appoint a person to represent the infant for all or any of the purposes of the Act.

• (2) The application to the Registrar for that purpose shall be made in writing and shall be accompanied by the consent to act of the person whom it is proposed to appoint and an affidavit of his fitness.

Persons of unsound mind

179 Appointment of person to represent person of unsound mind.

179.

179. Where in the course of any proceeding in the Registry, except an application by the Land Commission under section 26 (1) of the Act for the registration of a purchaser under the Land Purchase Acts, it appears that any person interested is a person of unsound mind not so found by inquisition (not being a person in respect of whom a committee or guardian has been appointed under the Lunacy Regulation (Ireland) Act, 1871, or a person of weak mind temporarily incapable of managing his affairs for whom a guardian has been appointed under the said Act of 1871), no registration in the proceeding that might prejudice his right shall be made until he is represented therein by a guardian appointed by the court to represent him, or his interest has been otherwise protected to the satisfaction of the Registrar.

Deeds and documents

180 Lodgment of documents subject to lien.

180.

180. (1) Where a person who claims a lien by way of equitable mortgage on a document in his possession is required by an applicant for first registration of ownership or for conversion of a possessory title to produce the document at the Registry, or is required by the Registrar to show cause why the document should not be produced, he may lodge it in the Registry subject to the lien.

• (2) A person lodging a document under this rule subject to a lien created by its deposit shall lodge therewith a claim for the lien in Form 97 signed by himself or his solicitor.

• (3) The lien of a person lodging a document under this rule shall include the costs of its lodgment.

• (4) No registration that may defeat or prejudice the lien shall be made until the lien, where admitted, is satisfied or provided for, or where the lien is not admitted, until its existence or validity is determined and, where established, is satisfied or provided for.

181 Documents that are to be retained in Registry and that may be delivered.

181.

181. (1) Any of the following documents relating to registered property may be returned to the person who would be entitled to the custody thereof if the property were unregistered, upon delivery at the Registry of an attested copy thereof or on payment of the fee chargeable for a certified copy thereof—

• (a) an instrument dealing with registered and unregistered property,

• (b) a subsisting settlement, an instrument containing subsisting trusts, an instrument appointing trustees of a subsisting settlement or of an instrument containing subsisting trusts,

• (c) a subsisting lease, a fee-farm grant or counterpart lease or fee-farm grant.

• (2) The attested or certified copy shall be filed for reference in substitution for the instrument so delivered and, on future dealings, may be accepted as sufficient evidence of the document and its contents.

• (3) Except as in these Rules otherwise provided, all other instruments under which an entry in a register is made shall be retained in the Registry. They shall be filed in the central office of the Registry and shall not be taken from the said office except on the written authorisation of the Registrar and on such terms as he shall specify therein or on an order of the court.

• (4) The Registrar may also direct the destruction of closed folios or any documents filed in the Registry when they have been superseded by entries in the register or have ceased to be of any effect, or he may, if such documents appear to him to be of historical interest, transmit them to the Public Record Office for filing.

• (5) The Registrar may on the completion of a registration direct the release of filed documents to the registered owner, a nominee of the registered owner, or the solicitor for such registered owner.

182 Delivery of documents relating to unregistered property.

182.

182. Documents in the Registry relating to unregistered property only may, in default of application by and after notice to the person who lodged them or his personal representatives, be delivered to the person appearing to the Registrar to be entitled to the custody thereof on his application therefor.

183 Endorsement of documents delivered.

183.

183. No original deed under which property or a disposition of property has been registered shall be delivered from the Registry until an endorsement has been made on it showing clearly, in such manner as the Registrar may direct, the property therein subject to the provisions of the Act and the interest in the property affected by the registration.

184 Delivery of documents to solicitor for production in court or for taxation purposes.

184.

184. The Registrar may deliver to the solicitor for the registered owner of property an instrument dealing with the property, except an instrument of charge or disposition of it, on the solicitor certifying in writing that its production is required in a court on the hearing of some cause or matter or before a Taxing Master of the High Court or a county registrar for the purposes of a taxation and on his personally undertaking in writing to return it to the Registry within a time to be fixed by the Registrar.

185 Transmission of documents to court.

185.

185. The Registrar may transmit a document filed in the Registry to a local registrar for production in court on the hearing of a cause or matter relating to the property the subject of the document—

• (a) where the registered owner of the property the subject of the document or his personal representative or successor in title is a party in the cause or matter, or

• (b) where the applicant for transmission is entitled to its inspection under these Rules and is a party to the cause or matter, or

• (c) where the registered owner of the property the subject of the document consents to its transmission, or

• (d) where the proceedings in the court are proceedings under the Act relating to the property the subject of the document.

186 Application or transmission of document to a local registrar.

186.

186. (1) An application for transmission of a document to a local registrar shall be in Form 98 and shall be lodged in duplicate. Where the application is made by a person other than the registered owner of the property the subject of the document, notice of it and of the transmission of the document shall be given to the owner.

• (2) The document shall be returned to the Registry on the termination of the court sittings in which the cause or matter for which it was requisitioned is entered for hearing. Where the hearing is adjourned, a further application for its transmission to the local registrar for the adjourned hearing shall be made.

187 Local registrar custodian of document transmitted.

187.

187. (1) The local registrar shall hold any document transmitted to him under the foregoing rule solely for its production on the hearing of the cause or matter for which it is requisitioned and, except the court otherwise directs, shall not permit its inspection by any person other than those authorised by rule 188, until it is admitted in evidence by the court.

• (2) Where the document has been transmitted on the application of any person other than the registered owner of the property the subject of the document, its production shall be subject to the ruling of the court on any objection by the registered owner to its inspection or admission in evidence.

Inspection of documents

188 Inspection of filed documents and obtaining copies thereof.

188.

188. (1) The registered owner of property and any person authorised by such owner, or by an order of the court or by these Rules, but no other person, may inspect a document filed in the Registry on a dealing or transaction with the property of the owner.

• (2) Any person who would be entitled to inspection of a document relating to property, if its ownership was not registered under the Act, and the document was in the possession of the person by law entitled to the custody thereof, shall be entitled to inspect the document, if filed in the Registry.

• (3) An affidavit of judgement deposited in the Registry pursuant to the Judgment Mortgage Ireland Act, 1850, as amended by the Act, may be inspected by any person so long as notice of its deposit is uncancelled in a register.

• (4) A memorandum of a lis pendens, bond, recognisance or inquisition filed in the Registry may be inspected by any person so long as the entry relative to it remains uncancelled in a register.

• (5) An application, assent, affidavit, or transfer, made by a personal representative of a deceased owner of property that vested in the personal representative may be inspected by a devisee or other person, except a creditor, having an interest in the property under the owner's will, or, where the owner died intestate, by a person in whom a beneficial interest in the property devolved on the intestacy, or by a person who satisfies the Registrar that he is the successor in title of one of such persons.

• (6) An instrument filed in the Registry under Rule 139 (5) may be inspected by the person by whom it was lodged or by any person who satisfies the Registrar that he is entitled to the benefit of a right created by the instrument.

• (7) Any person entitled to inspect a document filed in the Registry may obtain a copy of it.

• (8) The Registrar may, in special circumstances and on such terms as he shall think fit, permit a person to inspect a document filed in the Registry.

189 Inquiries prior to inspection.

189.

189. Before allowing inspection of a document by a person claiming inspection under rule 188, the Registrar may make such inquiries and give such notices as he may think fit.

Searches in the registers and registry maps

190 Official search.

190.

190. (1) Any person may apply to the Registrar to make an official search and to certify—

• (a) whether a named person is entered on the names index of a county, and if so, the folio reference of the register in which the name of such person appears;

• (b) whether the ownership of a parcel of land, to be identified by a plan drawn on the current largest scale map published by Ordnance Survey, is entered in the register of ownership of freehold land or whether the ownership of any leasehold interest or right in or to or over the parcel is entered in the register of ownership of leasehold interests or in the register maintained under section 8 (b) of the Act; or

• (c) as to the entries made in a register or registry map since first registration of the property comprised therein or during any specified period subsequent thereto.

• (2) The requisition for the search shall be in Form 99, 100 or 101, as the case may require.

• (3) The certificate of the result of the search shall be in Form 102 or 103, as the case may require.

191 Priority search.

191.

191. (1) A person who has entered into a contract to purchase, take a lease of, or lend money on the security of a charge on, registered property may apply to the Registrar to make an official search in respect of the property, to issue a certificate of the result of the search and to make an entry in the register pursuant to section 108 of the Act.

• (2) An application for a search under this rule shall be in duplicate in Form 104 or 105, as the case may require.

• (3) A certificate of the result of a search under this rule shall be in Form 104A or 105A, as the case may require.

• (4) A search under this rule may be referred to as a priority search.

192 Effect of priority search.

192.

192. (1) Where an intending purchaser, lessee or chargee has obtained a certificate of the result of a priority search, an application by him for registration of the instrument to complete the purchase, lease or charge shall enjoy the priority specified in subsection (2) of section 108 of the Act, provided that the application is in order under these Rules, is delivered at the central office within a period of fourteen days after the date of issue of the certificate and is accompanied by the certificate (which shall be retained in the Registry).

• (2) An application for registration made by any other person after the date of the certificate and before the application for registration is made by the intending purchaser, lessee or chargee in accordance with paragraph (1) of this rule shall, for the purpose of priority of registration, rank after the application of the intending purchaser, lessee or chargee.

193 Entry under section 108 of the Act.

193.

193. The entry in the register pursuant to section 108 of the Act shall consist of an inhibition in Form 106.

194 Priority where two or more certificates are issued.

194.

194. Where two or more certificates of the result of a priority search are issued and in operation pursuant to these Rules, such certificates shall, so far as relates to the priority thereby conferred, take effect in the order in which the applications therefor were received in the Registry or were, pursuant to rule 61, deemed to be delivered.

195 Solicitor or other person not liable for error in official search.

195.

195. A solicitor or other person who obtains a certificate of the result of an official search shall not be answerable for loss that may arise from any error therein.

196 Application by telegram or telephone for search.

196.

196. (1) A solicitor may apply by telegram or telephone, and any other person may apply by telegram, to the Registrar at the central office or to the appropriate local registrar to ascertain whether an entry has been made in a specified folio of a register affecting—

• (a) the ownership of the property entered therein since the date of the issue of the land certificate, or other date to be specified, or

• (b) the ownership of a specified charge since the date of the issue of the certificate of charge, or other date to be specified.

• (2) The applicant shall give the following particulars—

• (a) the county in which the property is situate, the folio number of the register in which it is entered and the name of the registered owner;

• (b) where the application relates to an entry affecting a charge, a description of the charge sufficient to identify it in the register of the property charged;

• (c) the date from which the required search is to be made;

• (d) the name and address of the person to whom the answer is to be sent.

• (3) Where the application is by telephone, it shall be confirmed by letter sent on the same day to the Registrar or to the appropriate local registrar, as the case may be. The prescribed fee, together with a sum to cover the cost of the telephone reply, shall be sent with the letter.

• (4) Where the application is by telegram, the prescribed fee shall be sent by money order with the telegram and the reply shall be prepaid.

197 Replies to application for search by telegram or telephone.

197.

197. (1) A search applied for by telephone or telegram shall be made forthwith and the result—"Yes" or "No"—shall be sent by telephone or telegram, as the case may be, to the applicant, repeating the county and folio number of the register, the date from which the search begins and, in the case of a charge, its description.

• (2) The result, if sent by telephone, shall be confirmed in writing sent on the same day from the central office or local office of the Registry, as the case may be.

• (3) The Registrar or the appropriate local registrar may refuse to make a search applied for by telephone, where the applicant has not remitted the sums payable on a previous application by him by telephone.

198 Searches by public.

198.

198. (1) Any person, on payment of the prescribed fee, may search in the registry maps, the index of names, the index of property and the folios of the registers, in the hours during which the Registry is open to the public. Copies of maps or folios or extracts from folios may be obtained on payment of the prescribed fee.

• (2) Where a filed plan is annexed to a folio it shall not for the purpose of inspection or for obtaining a copy of such folio be deemed to be a part of the folio.

Proceedings in the registry

199 Proceedings not to abate.

199.

199. Where, in the case of any application for registration, a death, transmission or change of interest occurs before registration is effected, the proceedings shall not abate, but may be continued by any person entitled to apply for registration.

200 Evidence in proceedings.

200.

200. Evidence in any proceeding in the Registry may be given by affidavit or, except where the Act prescribes an affidavit, by statutory declaration, and the Registrar may, if he thinks fit, take evidence viva voce before him on oath and may administer the oath.

201 Affidavits and statutory declarations in proceedings.

201.

201. (1) An affidavit or statutory declaration for the purpose or any proceeding in the Registry may be sworn or taken before the Registrar, any officer of the Registry duly authorised by the Minister for Justice, any person authorised by law to administer oaths or, in the case of a statutory declaration, any person authorised by law to take and receive statutory declarations.

• (2) An affidavit for use in proceedings in the Registry shall be entitled as in Form 1 or 11, as the case may require, and shall comply generally with the provisions relative to form, jurat, interlineations, alterations and erasures in the Rules of the Superior Courts concerning affidavits for use in the High Court.

202 Form of notices issued.

202.

202. (1) Every notice issued from or sent by the Registry (except notices of the receipt of instruments or applications or of completion of registration or formal notices of a like description) shall fix a time within which any act or step required to be done or taken by the notice is to be done or taken and shall state what shall be the consequence of any omission to comply therewith.

• (2) The notice shall also state in what manner and within what time an answer, objection or other communication, if any, arising out of the notice is to be made and the address at or to which it is to be delivered or sent.

• (3) Notwithstanding the provisions of section 106 (1) of the Act any person may, if he desires, have three addresses including (if he thinks fit) the address of his solicitor or firm of solicitors to each of which all notices and other communications are to be served.

203 Service of notices.

203.

203. Every notice required by the Act or these Rules to be given to any person may be sent through the post in an unregistered letter, unless the Registrar directs that it be sent by registered letter or that personal service be made.

204 Service through the post.

204.

204. Every notice sent through the post shall, in the absence of evidence to the contrary, be deemed to have been received by the person to whom it is addressed within three days, exclusive of the day of posting, or, if the address is not within the State, within such time to be stated in the notice as the Registrar may determine; and the time fixed by the notice for taking any step thereunder shall be calculated accordingly.

205 Procedure on return of notice sent by post.

205.