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

205. On the return by the post office of a letter containing a notice, the Registrar may require some other notice to be given or may authorise substituted service of the notice; or he may proceed without further notice, if, in the circumstances, he thinks fit to do so.

206 Personal service of notice, summons or order.

206.

206. (1) Personal service of a notice or summons by or order of the Registrar shall be made by delivering the notice or summons or, in the case of an order, a sealed copy thereof to the person on whom service is directed. The service shall be proved by affidavit.

• (2) Where personal service cannot be made, or is shown to be not reasonably practicable, the Registrar may order such substituted service as he may deem sufficient in the circumstances of the particular case.

207 How questions determined.

207.

207. Where any question, difficulty or dispute arises during an investigation of title or registration or other proceedings in the Registry, the Registrar may give notice to all persons interested to attend before him on a day and at a time to be stated in the notice for the consideration of the matter; and, at the time appointed, he shall either decide the question or, if he entertains a doubt thereon, refer it to the court for its recession.

208 Summons by Registrar.

208.

208. (1) A summons by the Registrar under section 16 of the Act shall be in Form 18.

• (2) Where the summons is served upon any person not bound to attend at his own expense, the affidavit proving service of the summons shall also prove that the reasonable expenses of the attendance of the person summoned have been paid or tendered to him.

• (3) The reasonable expenses of the attendance of any person on a summons in relation to a registration shall be part of the costs of the applicant in the matter.

209 Powers of Registrar under sections 16 and 94 of the Act.

209.

209. The Registrar shall have the powers conferred on him by sections 16 and 94of the the Act in all proceedings in the Registry for the registration of an ownership of property or a burden thereon or which involve an examination of title outside the registers.

210 Costs of proceedings before Registrar.

210.

210. (1) The costs of any proceedings on a hearing before the Registrar shall be in his discretion and he may direct by and to whom they are to be paid.

• (2) Subject to the provisions of section 100 (2) of the Act, and unless the parties otherwise agree, the costs shall be taxed in accordance with the procedure specified in rule 239.

211 Enforcement of order for costs.

211.

211. An order by the Registrar for the payment of costs may be enforced in the manner provided by section 20 of the Act for the enforcement of orders of the Registrar.

212 Recording of decisions of Registrar.

212.

212. (1) Every decision of the Registrar refusing to enter an ownership, burden, notice or other entry applied for in a register shall be made by ruling signed by him and entered in a ruling book to be kept for the purpose.

• (2) Every other decision of the Registrar (not being an order) shall be entered as a ruling in the ruling book on the application of any person desiring to appeal therefrom.

• (3) Every ruling shall refer to the documents on which it was made and shall state the grounds of the decision given.

213 Reference of questions to court.

213.

213. (1) An order of the Registrar referring a question of law or fact to the court under section 19 (2) of the Act or an application to be made to the court under section 21 (2) of the Act may, where the Registrar considers appropriate, have annexed thereto a memorandum signed by him, which shall contain a concise statement of the material facts and documents on which the question referred to the court arises.

• (2) The order may state the question of law or fact for determination of the court and may direct by whom the matter is to be brought before the court and the persons to whom notice of the application to the court is to be given.

• (3) Where it appears to the Registrar that there has been undue delay in having a matter referred by him to the court brought before the court for its decision, he may, by order, transfer the carriage of the proceedings from the person to whom it was given to some other person interested therein, or he may rescind his order and treat the proceedings in which the reference was made as abandoned.

214 General powers of Registrar.

214.

214. The Registrar may, in any particular case, extend the time limited or relax the regulations made by these Rules and may, at any time, adjourn any proceedings. Where at any time he is of opinion that the production of further documents or evidence or the giving of any notice is necessary or desirable, he may refuse to proceed until the documents, evidence or notice have been supplied or given.

215 Power to treat proceedings as abandoned.

215.

215. Where no step has been taken for a period of one month in a matter pending in the Registry, the Registrar may give notice to the applicant or his solicitor that the matter shall be treated as abandoned unless duly proceeded with within a time to be stated in the notice and, on the expiration of that time, he may treat the matter as abandoned, if it has not been proceeded with.

PART V COMPENSATION PAYABLE OUT OF THE CENTRAL FUND

216 To whom application for compensation is to be made.

216.

216. Every application for compensation out of the Central Fund (under section 120 of the Act) shall be made in writing to the Registrar in Form 107 and shall be accompanied by two copies thereof.

217 Contents of application for compensation.

217.

217. Every application for compensation shall be signed by the claimant or his solicitor and shall contain—

• (a) particulars of the property for the loss of which compensation is claimed,

• (b) particulars of the error, forgery or fraud on which the claim is based,

• (c) particulars of the loss,

• (d) an address in the State to which all notices and communications to the claimant may be sent,

and shall be verified by the affidavit of the claimant or, by leave of the Registrar, of some person on behalf of the claimant having knowledge of the facts.

218 Service of application on parties interested.

218.

218. On the filing of an application for compensation in the Registry, the claimant shall serve copies of the application on the Minister for Finance, the Chief State Solicitor and on such other person (if any) as the Registrar may direct.

219 Notice to admit or dispute claim to be given by Minister for Finance.

219.

219. The Minister for Finance shall, within two calendar months from the date of the service on him of such notice, give notice to the Registrar and the claimant of his intention to admit, either in whole or in part, or to dispute the claim.

220 Where claim admitted, order allowing compensation to be made.

220.

220. Where the Minister for Finance,

• (a) admits the claim

or

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

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

221 Procedure on application for compensation if claim is disputed.

221.

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

222 Hearing and determination of claim by Registrar.

222.

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

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

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

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

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

223.

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

224 Rights in land which may be registered.

224.

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

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

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

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

225 Incorporeal hereditaments held in gross.

225.

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

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

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

• (4) The registration of a person as first registered full or limited owner of an incorporeal hereditament held in gross with a possessory title shall not affect or prejudice the enforcement of any right (whether in respect of the grantor's title or otherwise) adverse to or in derogation of the title of the grantor or of that person and subsisting or capable of arising at the time of registration but, save as aforesaid, shall have the same effect as registration with an absolute title.

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

226.

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

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

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

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

227.

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

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

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

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

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

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

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

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

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

228.

228. Where an exchange is made pursuant to section 46 of the Land Act, 1923 , with the Land Commission of property (in this rule and in rule 229 and 230 called "the original holding") for property (in this rule and in rules 229 and 230 called "the new holding") the vesting order or other instrument effecting the transfer of the new holding shall state whether or not the land is subject to a land purchase annuity and shall refer to the folio number of the register of the original holding.

229 Effect of registration on exchange.

229.

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

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

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

230 Registration with possessory title.

230.

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

231 Notices to be given.

231.

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

PART VIISOLICITORS' COSTS

232 Interpretation.

232.

232. In this part of these Rules—

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

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

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

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

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

233.

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

234 Sales, purchases and charges.

234.

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

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

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

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

• (ii) Where—

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

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

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

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

235 Leases and fee-farm grants.

235.

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

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

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

236 Other business.

236.

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

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

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

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

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

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

237 Rescission of rule 11 of Part I of Schedule 1 to the Order of 1884.

237.

237. It is hereby declared that rule 11 of the Rules to Part I of Schedule 1 to the Order of 1884, which was rescinded by clause 3 of the Order of 1951, is also rescinded as far as these Rules are concerned.

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

238.

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

239 Taxation.

239.

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

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

240 Certain amendments of Order of 1960 not to apply.

240.

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

241 Instruction fee.

241.

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

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

242 Amendment.

242.

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

SCHEDULE OF COSTS

PART I Scale of charges on sales, purchases and mortgages

	For the first £1,000	For the second and third £1,000	For the fourth and each subsequent £1,000 up to £10,000	For each subsequent £1,000
(1)	(2)	(3)	(4)
VENDOR'S SOLICITOR:—	£4·00	£3·00	£1·50	£0·75
	per £100	per £100	per £100	per £100
For all charges including charges for negotiation by solicitor, connected with the sale of property by private contract or by auction, including preparation of contract and conditions of sale, deducing title and furnishing necessary searches, and perusing and completing conveyance.	In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Column Nos. 1 and 2; £0·50 on Column No. 3 and £0·25 on Column No. 4.	In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Column Nos. 1 and 2; £0·50 on Column No. 3 and £0·25 on Column No. 4.	In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Column Nos. 1 and 2; £0·50 on Column No. 3 and £0·25 on Column No. 4.	In case of private contracts where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of £1 shall be made on Column Nos. 1 and 2; £0·50 on Column No. 3 and £0·25 on Column No. 4.
PURCHASER'S SOLICITOR:—	£4·00	£3·00	£1·50	£0·75
	per £100	per £100	per £100	per £100
For all charges connected with purchase of property, whether by private contract or by public auction including perusal of contract or conditions of sale, investigating title and searches, and preparing, completing and registering conveyance.	Subject to the same reductions as last item.	Subject to the same reductions as last item.	Subject to the same reductions as last item.	Subject to the same reductions as last item.
MORTGAGOR'S SOLICITOR:—
For all charges connected with loan, deducing title, furnishing searches, perusing and completing conveyance.	£3·00 per £100	£2·00 per £100	£1·00 per £100	£0·50 per £100
MORTGAGEE'S SOLICITOR:—
For all charges connected with loan, including investigation of title and searches, and preparing, completing and registering mortgage or other security deed.	£4·00 per £100	£3·00 per £100	£1·50 per £100	£0·75 per £100

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

Lessor's Solicitor:
For preparing, settling and completing lease and counterpart:—
Where the rent does not exceed £100	£15 per cent. on the rental but not less in any case than £6.
Where the rent exceeds £100 but does not exceed £500 .. .. ..	£15 in respect of the first £100 of rent and £5 per cent. in respect of each subsequent £100 of rent or any part thereof.
Where the rent exceeds £500 .. ..	£15 in respect of the first £100 of rent, £5 in respect of each £100 of rent up to £500, and £2 per cent. in respect of every subsequent £100 or part thereof.
Lessee's Solicitor:
For perusing draft and completing (no sum of less than £1 yearly to be taken into account in any case) ..	One half of the amount payable to the Lessor's solicitor but not less in any case than £4·20.

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

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

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

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

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

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

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

Value of property transferred	Remuneration
Not exceeding £100 ............	£4·05
Exceeding £100 but not exceeding £200 ......	£5·55
Exceeding £200 but not exceeding £300......	£7·05
Exceeding £300 but not exceeding £400 ......	£8·05
Exceeding £400 but not exceeding £500 ......	£9·25
Exceeding £500 but not exceeding £600 ......	£11·00
Exceeding £600 but not exceeding £700 ......	£12·70
Exceeding £700 but not exceeding £800 ......	£14·40
Exceeding £800 but not exceeding £900 ......	£16·10
Exceeding £900 but not exceeding £1,000 ......	£17·80
Exceeding £1,000 but not exceeding £3,000 ....	£17·80 on the first £1,000 and £1·10 on each subsequent £100 or part of £100.
Exceeding £3,000 but not exceeding £10,000 ....	£39·90 on the first £3,000 and £0·50 on each subsequent £100 or part of £100.
Exceeding £10,000 ............	£74·00 on the first £10,000 and £0·30 on each subsequent £100 or part of £100.

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

Value of property	Remuneration
Not exceeding £250 ............	£3·05
Exceeding £250 and not exceeding £500 ......	£4·05
Exceeding £500 ............	£6·05

PART VI Judgment Mortgages

Costs payable under rule 121 (6)

Costs to applicant:
(a) if cancellation made without objection by judgment creditor ..........	£2·00
(b) if cancellation made after objection by judgment creditor ............	£4·05
Costs to judgment creditor:
On objection by him to cancellation when cancellation refused ............	£4·05

PART VII Certificates

Cost of proceedings in the Registry under Rule 164 (5)	£5·00

SCHEDULE OF FORMS

FORM 1

Application for first registration of freehold property (rules 14 and 15)

LAND REGISTRY

County

I, A.B., of	make oath and say—

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

• (a) to be inserted only when opinion of counsel is relied on under rule 19.

• (b) to be inserted only when applicant is a trustee— see rule 49.

Schedule

PART 1.

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

PART 2.

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

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

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

FORM 2

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

LAND REGISTRY

County

I, AB., of	make oath and say—

or, as tenant for life under settlement dated or, as

the case may be) to the lessee's interest in the lease referred to in paragraph 5 which lease is subject to the mortgages, charges, subleases, tenancies, restrictive covenants and incumbrances stated in Part 2 of the Schedule hereto (or, which is not subject to any mortgage, charge, sublease, tenancy, restrictive covenant or incumbrance).

at a rent of £ .

(Jurat as in Form 1)

Schedule (As in Form 1)

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

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

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

FORM 3

Application for first registration where purchase money or compensation does not exceed £8,000 (rule 19 (3) (4))

LAND REGISTRY

County

1. I,	am the solicitor for

(insert full and correct description of the applicant)

who is applicant for registration as owner.

, (or, other instrument) lodged herewith. The property in or over which the estate or interest acquired by the conveyance (or, other instrument) exists is shown on the map endorsed thereon (or, is shown on the ordnance map lodged herewith and thereon edged ).

, from to in the property for years, an attested copy of which is lodged herewith, or, other right acquired in the property) in the applicant, free from any adverse rights, restrictive covenants or incumbrances, except those subject to which the conveyance (or, instrument) expressly conveys the property.

Dated the day of 19

Signature

FORM 4

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

(Heading as in Form 1)

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

Dated the day of 19 .

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

Schedule

PART 1 Particulars of property

Coll. No.	County	Barony	Townland	Area

PART 2 Particulars of acquisition of property

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

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

FORM 5

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

I, A.B., of , make oath and say :—

(Jurat as in Form 1)

Schedule (where necessary)

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

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

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

FORM 6

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

To the Registrar of Deeds.

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

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

Dated the day of 19 .

Registry Seal.

Schedule

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

FORM 7

Caution against first registration (rule 31 (1))

LAND REGISTRY

To the Registrar of Titles.

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

Dated the day of 19 .

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

Schedule

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

FORM 8

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

LAND REGISTRY

To the Registrar of Titles.

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

Dated the day of 19 .

(Execution and Schedule as in Form 7)

FORM 9

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

LAND REGISTRY

I, A.B., of make oath and say :—

(Jurat as in Form 1)

FORM 10

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

Land Registry,

Chancery Street, Dublin.

Sir, (or, Madam),

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

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

Dated the day of 19 .

To A.B., of

FORM 11

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

LAND REGISTRY

County Folio

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

a.	r.	p.

of area described in Folio of the register County

or,

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

(Jurat as in Form 1)

FORM 12

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

(Heading as in Form 11)

I, A.B., of , oath and say—	make

(Jurat as in Form 1)

FORM 13

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

(Heading as in Form 11)

I, A.B.,of , oath and say—	, make

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

(Jurat as in Form 1)

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

• (a) See rule 41 (a).

FORM 14

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

(Heading as in Form 11)

I, A.B., of , oath and say—	make

or,

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

The documents specified in the said Schedule are all the documents relating to the property and the title to it in my possession or under my control.

(Jurat as in Form 1)

NOTE—see Note to Form 13.

FORM 15

Application for the conversion of possessory title on a certificate of solicitor where the compensation, purchase money, does not exceed £8,000 (rule 35)

(Heading as in Form 11)

Dated the day of 19

Signature

FORM 16

Affidavit of discovery (rule 47)

(Heading as in Forms 1 or 11)

I, A.B., of make oath and say—

(Jurat as in Form 1)

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

FORM 17

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

LAND REGISTRY

County	Folio

To the Registrar of Titles.

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

Dated the day of 19 .

Signature of Solicitor

Schedule

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

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

*omit if no certificate issued.

FORM 18

Summons to attend before Registrar (rule 208)

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

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

Dated the day of 19 .

Registry Seal	Registrar of Titles.

Schedule (where necessary)

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

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

FORM 19

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

(Heading as in Form 11)

Transfer dated the day of 19 . A.B., the registered owner, in consideration of (the receipt of which is hereby acknowledged) hereby transfers all the property described in folio of the register County to C.D.

The address of C.D., in the State for service of notices and his description are: (a)

It is hereby certified, etc. (b)

Signed, sealed and delivered (Signature of A.B.)

by A.B. in presence of:— (Seal)

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

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

NOTE (3)—For execution and the attestation of the execution of a transfer — see rules 54, 55.

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

• (a) give address and description.

• (a) See Note (1).

FORM 20

Affidavit of attesting witness (rule 54)

(Headings as in Form 11)

1, of , make oath

and say—

said , who is personally known to me.

(Jurat as in Form 1)

NOTE—(4) Where the executing party is a marksman, it must be stated in this affidavit, or in the attestation clause to the deed, that the deed was read over to and understood by him.

FORM 21

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

(Heading as in Form 11)

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

day of 19 , (or, registered at entry No.

on the said folio), hereby releases the said property from said charge and assents to its cancellation as a burden thereon in the said folio.

(Execution as in Form 19)

NOTE—See Note (1) to Form 19.

• (a) See Note.

FORM 22

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

(Heading as in Form 11)

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

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

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

NOTE (2)— See Note (1) to Form 19.

FORM 23

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

(Heading as in Form 11)

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

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

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

NOTE (2)—See Note (1) to Form 19.

• (a) See Note (2)

FORM 24

Transfer of freehold properly on a sale by a registered limited owner in exercise of his powers under the Settled Land Acts, the purchase money being paid to the trustees of the settlement (rules 52, 69)

(Heading as in Form 11)

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

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

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

NOTE (2).—See Note (1) to Form 19.

• (a) See Note (2).

FORM 25

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

(Heading as in Form 11)

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

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

(Execution as in Form 19)

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

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

NOTE (3).—See Note (1) to Form 19.

• (a) See Note (3).

FORM 26

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