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

Transfer dated the day of 19 . A.B., the personal representative(s) of C.D., the registered full owner, hereby—

See Note (1).

(Execution as in Form 19)

Schedule (where necessary)

Particulars of burdens and/ or rights (It should be stated in the case of each right or burden how it was created e.g. by will or by deed. The priority in which the burdens are to be entered in the register should be clearly stated	Name of claimant (Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57of the Succession Act, 1965 , to be stated)	Address in the State of claimant (or, where an infant or person of unsound mind, of his guardian, committee or trustee)

NOTE (1)—See Note (1) to Form 48.

NOTE (2)—This Form is to be used with appropriate modifications where the personal representative is transferring to the successor of the person entitled whether under the will or under section 111 of the Succession Act, 1965 , or where the property is vested in trustees (by the will or by deed after the death of the registered owner) on trusts requiring their registration. The form should in such case include an application for the entry of an appropriate inhibition to protect the trusts on which they hold. (See Form 88). Where the trustees hold the property on trust for sale the appropriate inhibition to be applied for is a restriction against all dealings by the registered owners or the survivors or survivor of them except by way of sale. Where the property is not held on trust for sale, the utmost care should be taken in framing the inhibition to ensure that while no entry should be made which would interfere with the exercise by the trustees of any authorised powers e.g. powers of sale and charging, the interests of the beneficiaries are adequately protected by the terms of the inhibition. It is not the duty of the Registrar to advise on the suitability or otherwise of any particular form of inhibition nor should the terms of the inhibition be phrased in such a manner as would involve him in an enquiry into the manner an which the trusts are being administered. Normally the interests of the beneficiaries would be adequately protected by the entry of an inhibition requiring the consent of, or notice to, the beneficiaries or (in the case of infants or persons of unsound mind) their committees or guardians or trustees under section 57 of the Succession Act. 1965.

NOTE (3)—See Note (1) to Form 19.

NOTE (4)—See Note (4) to Form 48.

• (b) See Note (3)

FORM 56

Transfer by the personal representative(s) to a person entitled to be registered as limited owner where a registered full owner dies testate on or after the 1st June, 1959 (rule 95)

(Heading as in Form 11)

I/We A.B. as personal representative(s) of C.D. the registered full owner hereby: —

or,

there are no burdens or rights that rank in priority to the settlement.

or,

there are no burdens or rights that affect the limited ownership of X.

or,

there are no burdens or rights that affect the interests limited in remainder after the determination of the estate of X.

e.g. (i) He may with the consent of the trustees of the settlement grant leases for any purpose, and for any term at a rent which need not necessarily be the best rent that can reasonably be obtained.

• (ii) He may, etc. (here set out in separate paragraphs any other powers conferred on the limited owner by the settlement in extension of those conferred on him by the Settled Land Acts, 1882 to 1890).

(Execution as in Form 19)

First Schedule (where necessary)

Particulars of burdens and/ or rights ranking in priority to the settlement. It should be stated, in the case of each right or burden, how it was created e.g. by will or by deed. The priority in which the burdens are to be entered in the register should be clearly stated	Name of claimant ( Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57 of the Succession Act, 1965, to be stated)	Address in the State of claimant (and, where an infant or person of unsound mind, of his guardian, committee or trustee)

Second Schedule (where necessary)

Particulars of burdens and/ or rights affecting the limited ownership. It should be stated, in the case of each right or burden, how it was created e.g. by will or by deed. The priority in which the burdens are to be entered in the register should be clearly stated	Name of claimant (Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57 of the Succession Act, 1965, to be stated)	Address in the State of claimant (and, where an infant or person of unsound mind, of his guardian, committee or trustee)

Third Schedule (where necessary)

Particulars of burdens and/ or rights affecting the remainder interest (if successive remainder interests the burdens and/or rights on each should be set out separately). It should be stated in the case of each right or burden, how it was created e.g. by will or by deed. The priority in which the burdens are to be entered in the register should be clearly stated	Name of claimant (Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57 of the Succession Act, 1965, to be stated)	Address in the State of claimant (and, where an infant or person of unsound mind, of his guardian, committee or trustee)

I, X, hereby assent to the registration of the burden(s) in the first and second Schedules as burden(s) on the property and I apply for the entry of the following inhibition to protect the rights set out in the said Schedules:—(See Form 88).

My address in the State for service of notices and my description are—

(Execution as in Form 51)

NOTE (1)—Deeds and wills (other than probate of the will of the registered owner) should not be lodged. Having regard to the terms of section 61 (3) of the Act, as inserted therein by section 54 (2) of the Succession Act, 1965 , the utmost care should be taken by the personal representative before executing a transfer to be satisfied as to the legal effect of the devise and/or settlement (as the case may be). As it is the responsibility of the personal representative to administer the estate of the registered owner correctly such administration is no concern of the registrar. The effect of all the limitations, powers and burdens that will affect the property on registration must be set out correctly in the prescribed form. The Registrar will not construe the will of the registered owner or any deed or settlement (whether made with the concurrence of the personal representative as such or not) so that if the effect of such limitations, etc., is incorrectly set out (e.g. if any of the burdens or powers are excluded from the prescribed form) it may be necessary to apply to the court for an order rectifying the register or for an order permitting the exercise of such powers.

NOTE (2)—THE WORDS OR TERMS OF THE WILL, DEED OR SETTLEMENT SHOULD NOT BE INSERTED OR RECITED IN THE TRANSFER BY THE PERSONAL REPRESENTATIVE. ONLY THE EFFECT THEREOF SHOULD BE SET OUT.

NOTE (3)—The only burdens that should be entered in the first Schedule are the burdens created by the will, deed or settlement created after the death, of the registerd owner, as the case may be, that would not be overreached on a sale by the limited owner under the Settled Land Acts. See Settled Land Act, 1882 (section 20 (2)). Burdens that form part of the settlement, i.e. burdens that would be overreached by a sale by the limited owner under the Settled Land Acts, may be registered on the limited ownership where they affect it, and they should be entered in the second schedule. They cannot be registered as burdens on a subsequent estate comprised in the settlement until that estate vests in possession.

NOTE (4)—Where there are no trustees of a settlement created by a will of a registered owner, the personal representatives proving the will are trustees thereof, (see section 18 (4) of the Administration of Estates Act, 1959 , and, in cases of death after the commencement of the Succession Act, 1965 , section 50 (3) of that Act).

NOTE (5)—3See Note (1) to Form 19.

NOTE (6)—See Note (4) to Form 48.

NOTE (7)—In appropriate cases the property may be transferred to nominal trustees to uses.

NOTE (8)—See Note (8) to Form 49.

FORM 57

Assent by personal representative(s) to the registration of a person entitled as full owner where a registered full owner dies intestate on or after the 1st June 1959 (rule 96)

(Heading as in Form 11)

I/we A.B. of make oath and say—

(Such deed/deeds should not be lodged).

Schedule as in Form 48 (where necessary)

(Jurat as in Form 1)

It is hereby certified, etc. (a)

NOTE (1)—Deeds or wills should not be lodged. It is the responsibility of the personal representative to administer the estate of the registered owner correctly. Such administration is no concern of the registrar. The effect of all the deeds and wills must be set out correctly in the prescribed Form lodged with the grant of representation to the estate of the registered owner. See section 61 (3) of the Act and section 54 (2) of the Succession Act, 1965 .

NOTE (2)—The right to dower may still arise in the case of the devolution of property not subject to the provisions of Part IV of the Registration of Title Act, 1891, where the registered owner died prior to the commencement of the Succession Act, 1965 .

NOTE (3)—See Note (3) to Form 37.

NOTE (4)—See Note (4) to Form 48.

• (a) See Note (3).

FORM 58

Assent by personal representative(s) to the registration of a person entitled as a limited owner where a registered full owner dies intestate on or after 1st June, 1959 (rule 96)

(Heading as in Form 11)

I/we A.B. of make oath and say:—

or,

I/we assent to the registration of E.F. as limited owner (subject to the burdens and rights set out in the first and second schedules hereto) and on the determination of his/her estate to the registration of G.H. his wife as limited owner and on the determination of the estate of the said G.H. to the registration as full owners (as joint tenants or tenants in common in equal shares, as the case may require) of such of the children of E.F. and G.H. as they shall jointly appoint or in default of such joint appointment as the survivor of them shall appoint and in default of appointment to the registration of all the children of E.F. and G.H. as full owner as tenants in common in equal shares and in default of such children I/we assent to the registration of [here insert the name(s] of the person(s) entitled to the estate or interest whether disposed of by the settlement or not]. (The property is limited to the said E.F. for his own life or for the life of X.Y. (or, as the case may be) with remainder to G.H. his wife for her life with remainder to such of the children of E.F. and G.H. as they shall jointly appoint or in default of such joint appointment as the survivor of them shall appoint, and in default of appointment to all the children of E.F. and G.H. as tenants in common in equal shares), and in default of such children the property is limited to [here insert the name(s] of the person(s) entitled to the estate or interest whether disposed of by the settlement or not].

See Note (5).

See Note (5).

or

There are no burdens or rights that rank in priority to the settlement,

or,

There are no burdens or rights that affect the limited ownership of E.F.

or,

There are no burdens or rights that affect the interests limited in remainder after the determination of the estate of E.F.

(Insert terms relative to the time for raising the money, and for the application of it when raised).

e.g. (i) He may with the consent of the trustees of the settlement grant leases for any purposes, and for any term at a rent which need not necessarily be the best rent that can reasonably be obtained.

• (ii) He may etc. (here set out in separate paragraphs any powers conferred on the limited owner by the settlement in extension of those conferred on him by the Settled Land Acts, 1882 to 1890).

Power for (settlor) at any time thereafter by deed (or by will expressely referring to the power) to revoke the uses limited by the settlement (or to , as the case may be) and to limit and appoint the property to such other uses for the benefit of himself or any other person as he may think fit

(Jurat as in Form 1)

First Schedule (where necessary)

Particulars of burdens and/ or rights ranking in priority to the settlement. It should be stated, in the case of each right or burden, how it was created e.g. by will or by deed. The priority in which the burdens are to be entered in the register should be clearly stated	Name of claimant (Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57 of the Succession Act, 1965, to be stated)	Address in the State of claimant (and, where an infant or person of unsound mind, of his guardian, committee or trustee)

Second Schedule (where necessary)

Particulars of burdens and/ or rights affecting the limited ownership. It should be stated, in the case of each right or burden, how it was created e.g. by will or by deed. The priority in which the burdens are to be entered in the register should be clearly stated	Name of claimant (Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57 of the Succession Act, 1965, to be stated)	Address in the State of claimant (and, where an infant or person of unsound mind, of his guardian, committee or trustee)

Third Schedule (where necessary)

Particulars of burdens and/ or rights affecting the remainder interest (if successive remainder interests the burdens and/or rights on each should be set out separately). It should be stated, in the case of each right or burden, how it was created e.g. by will or by deed. The priority in which the burdens are to be entered in the register should be clearly stated	Name of claimant (Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57 of the Succession Act, 1965, to be stated)	Address in the State of claimant (and, where an infant or person of unsound mind, of his guardian, committee or trustee)

It is hereby certified, etc. (a)

NOTE (1)—Deeds or wills should not be lodged. The grant of representation to the estate of the registered owner and the assent only should be lodged. Having regard to the terms of section 61 (3) of the Act, as inserted therein by section 54 (2) of the Succession Act, 1965 , the utmost care should be taken by the personal representative before executing an assent to be satisfied as to the legal effect of the deed or settlement. As it is the responsibility of the personal representative to administer the estate of the registered owner correctly, such administration is no concern of the Registrar. The effect of all the limitations, powers and burdens that will affect the property on registration must be set out correctly in the prescribed form. The Registrar will not construe any deed or settlement (whether made with the concurrence of the personal representative as such or not) so that if the effect of such limitations etc, is incorrectly set out (e.g. if any of the burdens or powers are excluded from the prescribed form), it may be necessary to apply to the court for an order rectifying the register or for an order permitting the exercise of such powers.

NOTE (2)—THE WORDS OR TERMS OF THE DEED OR SETTLEMENT SHOULD NOT BE INSERTED OR RECITED IN THE ASSENT OF THE PERSONAL REPRESENTATIVE. ONLY THE EFFECT THEREOF AND THE REGISTRATION REQUIRED SHOULD BE SET OUT.

NOTE (3)—The only burdens that should be entered in the first Schedule are the burdens created by the deed or settlement after the death of the registered owner that would not be overreached on a sale by the limited owner under the Settled Land Acts. See Settled Land Act, 1882, section 20 (2). Burdens that form part of the settlement, i.e. burdens that would be overreached by a sale by the limited owner under the Settled Land Acts, may be registered on the limited ownership where they affect it, and they should be entered in the second Schedule.

They cannot be registered as burdens on a subsequent estate comprised in the settlement until that estate vests in possession.

NOTE (4)—See Note (3) to Form 37.

NOTE (5)—It is imperative that in the event of failure of limitation, failure of issue, partial intestacy or other contingency the personal representatives assent to the registration of the person(s) entitle in such cases. See also section 3 (2) of the Act and section 2 (2) of the Settled Land Act, 1882.

NOTE (6)—See Note (4) to Form 48.

NOTE (7)—See Note 8 to Form 49.

• (c) See Note (4).

FORM 59

Application for registration by a person who claims to be entitled to be registered as full owner where a registered full owner dies intestate on or after the 1st June, 1959 (rule 96)

I, (Heading as in Form 11)

of

am the person referred to in the within assent (or, the assent annexed hereto) of A.B., the personal representative of C.D.

(Execution as in Form 51)

FORM 60

Application for registration by a person who claims to be entitled to be registered as limited owner on the assent of the personal representative(s) where a registered full owner dies intestate on or after the 1st June, 1959 (rule 96)

(Heading as in Form 11)

I, E.F., am the person referred to in the within assent (or, the assent annexed hereto) of A.B. the personal representative of C.D.

(Execution as in Form 51)

NOTE:—See Notes to Form 58.

FORM 61

Transfer by the personal representative(s) to a person entitled to be registered as full owner where a registered full owner dies intestate on or after the 1st June, 1959 (rule 96)

(Heading as in Form 11)

Transfer dated the day of 19 .

A.B., the administrator(s) of C.D. the registered full owner hereby—

(Execution as in Form 19)

Schedule (where necessary)

Particulars of burdens and/ or rights. It should be stated, in the case of each right or burden, how it was created e.g. by will or by deed. The priority in which the burdens are to be entered in the register should be clearly stated	Name of claimant (Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57 of the Succession Act, 1965, to be stated)	Address in the State of claimant (and, where an infant or person of unsound mind, of his guardian, committee or trustee)

NOTE (1)—See Note (1) to Form 57.

NOTE (2)—These burdens may be created in discharge of the claims of beneficiaries who have not been otherwise provided for.

NOTE (3)—This form is to be used with the appropriate modifications where the personal representative is transferring to the successor of the person entitled under the intestacy.

NOTE (4)—See Note (1) to Form 19.

NOTE (5)—The right of dower may still arise in the case of the devolution of property not subject to the provisions of Part IV of the Registration of Title Act, 1891, where the registered owner died prior to the commencement of the Succession Act, 1965 .

NOTE (6)—See Note (4) to Form 48.

• (b) See Note (2).

• (c) See Note (4).

FORM 62

Transfer by the personal representative(s) to a person entitled to be registered as limited owner in pursuance of a settlement where a registered full owner dies intestate on or after the 1st June, 1959 (rule 96)

(Heading as in Form 11)

I/we A.B. as personal representative(s) of C.D, the registered owner hereby

See Notes.

or,

There are no burdens or rights that rank in priority to the settlement.

or,

There are no burdens or rights that affect the limited ownership of X.

or,

There are no burdens or rights that affect the interests limited in remainder after the determination of the estate of X.

to be raised and applied as follows:— (Insert terms relative to the time for raising the money, and for the application of it when raised).

e.g. (i) He may with the consent of the trustees of the settlement grant leases for any purpose, and for any term at a rent which need not necessarily be the best rent that can reasonably be obtained.

• (ii) He may, etc. (here set out in separate paragraphs any powers conferred on the limited owner by the settlement in extension of those conferred on him by the Settled Land Acts, 1882 to 1890).

(Execution as in Form 19)

First Schedule (where necessary)

Particulars of burdens and/ or rights ranking in priority to the settlement. It should be stated, in the case of each right or burden, how it was created e.g. by will or by deed. The priority in which the burdens are to be entered in the register should be clearly stated	Name of claimant (Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57 of the Succession Act, 1965, to be stated)	Address in the State of claimant (and, where an infant or person of unsound mind, of his guardian, committee, or trustee)

Second Schedule (where necessary)

Particulars of burdens and/ or rights affecting the limited ownership. It should be stated, in the case of each right or burden, how it was created e.g. by will or by deed. The priority in which the burdens are to be entered in the register should be clearly stated	Name of claimant (Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57 of the Succession Act, 1965, to be stated)	Address in the State of claimant (and, where an infant or person of unsound mind, of his guardian, committee, or trustee)

Third Schedule (where necessary)

Particulars of burdens and/or rights affecting the remainder interest (if successive remainder interests the burdens and/or rights on each should be set out separately). It should be stated, in the case of each right or burden, how it was created e.g. by will or by deed. The priority in which the burdens are to be entered in the register should be clearly stated	Name of claimant (Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57 of the Succession Act, 1965,to be stated)	Address in the State of claimant (and, where an infant or person of unsound mind, of his guardian, committee or trustee)

I, X hereby assent to the registration of the burden(s) in the first and second schedule(s) as burden(s) on the property (and I apply for the entry of the following inhibition to protect the rights set out in the said schedules:—). My address in the State for service of notices and description are—

(Execution as in Form 51)

NOTE (1)—Deeds or wills should not be lodged. The grant of representation to the estate of the registered owner and the prescribed transfer only should be lodged. Having regard to the terms of section 61 (3) of the Act, as inserted therein by section 54 (2) of the Succession Act, 1965 , the utmost care should be taken by the personal representative, before executing a transfer, to be satisfied as to the legal effect of the deed or settlement. As it is the responsibility of the personal representative to administer the estate of the registered owner correctly, such administration is no concern of the Land Registry. The effect of all the limitations, powers and burdens under the settlement must be set out correctly in the prescribed form. The Registrar will not construe any settlement (whether made with the concurrence of the personal representative as such or not) so that if the effect of such limitations etc. is incorrectly set out (e.g. if any of the burdens or powers are excluded from (he prescribed form), it may be necessary to apply to the court for an order rectifying the register or for an order permitting the exercise of such powers.

NOTE (2)—THE WORDS OR TERMS OF THE DEED OR SETTLEMENT SHOULD NOT BE INSERTED OR RECITED IN THE TRANSFER BY THE PERSONAL REPRESENTATIVE. ONLY THE EFFECT THEREOF SHOULD BE SET OUT.

NOTE (3)—The only burdens that should be entered in the first Schedule are the burdens created by the deed or settlement after the death of the registered owner that would not be overreached on a sale by the limited owner under the Settled Land Acts. See Settled Land Act, 1882 (section 20 (2)). Burdens that form part of the settlement, i.e. burdens that would be overreached by a sale by the limited owner under the Settled Land Acts, may be registered on the limited ownership where they affect it, and they should be entered in the second Schedule. They cannot be registered as burdens on a subsequent estate comprised in the settlement until that estate vests in possession.

NOTE (4)—See Note (1) to Form 19.

NOTE (5)—Note (4) to Form 48.

NOTE (6)—See Note (8) to Form 49.

FORM 63

Application for registration by a personal representative who claims to be entitled to be registered as full owner on the death intestate of a registered full owner on or after the 1st June, 1959 (rule 97)

(Heading as in Form 11)

I, A.B. make oath and say—

(The deed/deeds should not be lodged in the Registry).

(I assent to the registration of the said burden(s) and to the entry of the following inhibition to protect the subsisting unregistered right(s): See Form 88) and I hereby apply for and assent to my registration as full owner.

Schedule (where necessary)

Particulars of burdens and/or rights. It should be stated, in the case of each right or burden, how it was created e.g. by deed. The priority in which the burdens are to be entered in the register should be clearly stated.	Name of claimant (Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57 of the Succession Act, 1965 , to be stated)	Address in the State of claimant (and, where an infant or person of unsound mind, of his guardian, committee or trustee)

(Jurat as in Form 1)

NOTE (1)—This form may be adapted in accordance with Form 58 when applicant is entitled as sole limited owner.

NOTE (2)—The right to dower may still arise in the case of the devolution of property not subject to the provisions of Part IV of the Registration of Title Act, 1891, where the registered owner died prior to the commencement of the Succession Act, 1965 .

NOTE (3)—See Note (3) to Form 5.

NOTE (4)—See note (4) to Form 48.

FORM 64

Application for registration as owner by a person entitled on the determination of the estate or interest of a registered limited owner—

• (1) where the settlement was created by the will of a registered owner who died on or after the 1st June, 1959, and registration of the limited owner thereunder is made after the commencement of the Succession Act, 1965,

or,

• (2) where the settlement was created by the personal representative and the persons claiming on the death of a registered owner who died on or after the 1st June, 1959, and registration of the limited owner is effected after the commencement of the Succession Act, 1965, (rule 100).

(Heading as in Form 11)

I, A.B. of make oath and say—

See Note (1).

or,

The settlement created the burdens or rights on my estate or interest in the property that are set in the third Schedule to Instrument and in the Schedule hereto. Of these, those specified in the second part of the Schedule hereto have determined or have been discharged. (I refer to the receipts/releases specified in the 2nd column of the said Schedule in evidence (b) thereof). I assent to the registration of the other burdens in the said Schedule as burdens on my estate or interest in the property.

or,

The trustees of the settlement are dead and no new trustees of it have been appointed. The last surviving trustee was and his personal representative is of (or, and no representation has been raised to him).

or,

The present trustees of the settlement are and I refer to the order (or, deed) by which they were appointed which accompanies this application.

(Jurat as in Form 1)

• (c) Schedule

Part I

Particulars of burdens and rights created by the settlement that affect estate or interest of applicant	Name of claimant (Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57 of the Succession Act, 1965, to be stated)	Address in the State of claimant (and, where an infant or person of unsound mind, of his guardian, committee or trustees)

Part II

Particulars of burdens and rights created by the settlement that have ceased to affect estate or interest of applicant	(d) Documents accompanying application in proof of discharge or cesser of burdens or rights

NOTE (1)—The application may also be made by the trustees of the settlement. Where made by them, appropriate modifications of the form are to be made, and the assent of the owner to the registration of any burdens affecting his estate or interest should be lodged.

NOTE (2)—Where there are trustees of the settlement and they endorse on the application an admission of the discharge or cesser of any burden created by the settlement, no further evidence of its discharge or cesser is necessary.

• (b) See Note (2).

• (c) The Schedule is only to be divided into parts where some of the burdens have been discharged.

• (d) See Note (2)

FORM 65

Application for registration as owner by a person entitled on the determination of the estate or interest of a registered limited owner in all cases where Form 64 is not appropriate, e.g.,

• (1) where the settlement was created by deed by a registered owner;

• (2) where the settlement was created by the personal representative and the persons claiming on the death of a registered owner and registration of the limited owner was effected prior to the commencement of the Succession Act, 1965;

• (3) where the settlement was created by the will of a registered owner and registration of the limited owner was effected prior to the commencement of the Succession Act, 1965; or

• (4) where the settlement was created (a) by the will of a registered owner who died prior to the 1st June, 1959. or (b) by the personal representative and the persons claiming on the death of such a registered owner and registration of the limited owner is effected after the commencement of the Succession Act, 1965 (rule 100)

(Heading as in Form 11)

• (a) I, A.B. of make oath and say—

(If there were estates or interests prior to the estate or interest of the applicant under the settlement which have determined, they should be referred to and the facts stated which show that they have determined. The application must show that the applicant is entitled in possession).

or,

The settlement created the burden(s) or right(s) on my estate or interest in the property that is (or, are) set out in the Schedule hereto,

or

The settlement created the burdens or rights on my estate or interest in the property that are set out in the Schedule hereto. Of these, those specified in the second part of the Schedule have determined or have been discharged. (I refer to the documents specified in the 2nd column of the said Schedule in evidence (b) thereof).

or,

The trustees of the settlement are dead and no new trustees of it have been appointed. The last surviving trustee was and his personal representative is of (or, and no representation has been raised to him).

or,

The present trustees of the settlement are and I refer to the order (or, deed) by which they were appointed and to their consent to my registration, which accompanies this application.

(Jurat as in Form 1)

• (c) Schedule

Part I

Particulars of burdens and rights created by the settlement that affect estate or interest of applicant	Name of claimant (Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 47 of the Succession Act, 1965, to be stated)	Address in the State of claimant (and, where an infant or person of unsound mind, of his guardian, committee or trustee)

Part II

Particulars of burdens and rights created by the settlement that have ceased to affect estate or interest of applicant	(d) Documents accompanying application in proof of discharge or cesser of burdens or rights

Consent of (e) trustees of settlement to the registration of successor to registered limited owner, to be endorsed on application.

We, E.D. and G.H. of , the trustees of the settlement under which C.D. was registered as limited owner on folio County have read the within application of A.B. for registration as owner on the said folio.

The statements in paragraphs 1, 2, 3 and 4 of the said application are accurate.

We have no notice of any dealing by A.B. with his estate or interest in the property under the settlement that is not disclosed in the application (or, as the case may be). We consent to the registration of A.B. as full owner (or, as limited owner) on the said folio free from the burdens or rights created or arising under the said settlement (or, subject only to the burdens or rights created or arising under the said settlement specified in the Schedule (or, Part I of the Schedule) to the within application, which are the only burdens or rights in the settlement that now affect the estate or interest of A.B. thereunder).

Dated the day of 19 .

(Execution as in Form 51)

NOTE (1)—The application may also be made by the trustees of the settlement. Where made by them, appropriate modifications of the form are to be made, and the assent of the owner to the registration of any burdens affecting his estate or interest should be lodged.

NOTE (2)—Where there are trustees of the settlement and they consent in the prescribed form to the registration, no evidence of the discharge of any burden created by the settlement other than their admission of its discharge or cesser is necessary.

• (a) See Note (1).

• (b) See Note (2).

• (c) The Schedule is only to be divided into parts where some of the burdens have been discharged.

• (d) See Note (2).

• (e) See Note (2) to Form 39 and Note (4) to Form 49.

FORM 66

Assent to the registration of a burden (rule 104)

(Heading as in Form 11)

A.B., of hereby assents to the registration of the burden specified in the Schedule (or, Part I of the Schedule) hereto as a burden on the property described in folio of the register County

(or, on the part of the property described in folio

of the register County specified in Part II of the said Schedule).

Dated the day of 19 .

(To be signed by the person authorised by section 69 of the Act, or rule 103 (1) to concur in the registration of the burden, or his Solicitor. Where signed by the Solicitor he must state explicitly that he is Solicitor for the person authorised to concur. Where signed personally by the person authorised to concur, his signature is to be attested).

• (a) Schedule

Part I

To contain particulars of the burden to be registered as stated in the instrument creating it.

Part II

To contain particulars of the part of the property in the folio on which the burden is to be registered.

NOTE—The Schedule is to be divided into parts only where the burden is to be registered against part of the property described in a folio.

FORM 67

Charge for a principal sum (rules 52, 113)

(Heading as in Form 11)

Charge dated the day of 19

A.B., the registered owner, in consideration of pounds (£ ) paid to him by C.D., hereby charges all the property described in folio of the register County with payment to C.D., on the day of 19 , of the principal sum of pounds (£ ) with interest thereon at per cent. per annum payable half-yearly on the day of and every year, and A.B. hereby covenants for payment of the principal sum and assents to the registration of the charge as a burden on the said property. The address in the State of C.D. for service of notices, and his description are—

It is hereby certified, etc. (a)

(Execution as in Form 19)

NOTE (1)—Any of the following or similar stipulations may be added to the Form, if required:—

• (i) The interest secured by the charge shall be reduced to per cent in every half-year in which it is paid within days after it becomes due.

• (ii) The principal sum shall not be called in until the day of 19 , unless the interest shall fail to be paid within days after it becomes due.

• (iii) Where the interest is paid within days after it becomes due, the principal shall be payable by instalments of £ each to be paid on the day of in every year.

• (iv) The whole or any part (not less than £ at any one time) of the principal may be paid on any day on which interest becomes due on giving months' notice in writing of the intention to do so, and on paying all interest that may be due at the time of such payment of principal.

NOTE (2)—See Note (1) to Form 19.

FORM 68

Charge for future advances (rules 52, 113, 116)

(Heading as in Form 11)

Charge dated the day of 19 , A.B., the registered owner, hereby charges all the property described in folio of the register County with payment to C.D. of future advances not exceeding in all pounds (£ ) with interest, etc., as in Form 67.

(Execution as in Form 19)

FORM 69

Charge by personal representative for moneys that he is liable to pay as personal representative (rule 113)

(Heading as in Form 11)

Charge dated the day of 19 , A.B. the personal representative of C.D., the registered full owner, hereby charges all the property described in folio of the register County, with all moneys (or, all moneys not exceeding £ ) that the personal representative of C.D. is liable to pay.

(Execution as in Form 19)

NOTE:— The assent prescribed by rule 103 (1) (c) to the registration of this charge must accompany it.

FORM 70

Transfer of charge (rules 52, 113)

(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 (or, the personal representative of the registered owner) hereby transfers to C.D. the charge for registered on the day of 19 (or, at Entry No. ) as a burden on the property described in folio of the register County . The address in the State of C.D. for service of notices and his description are— It is hereby certified, etc. (a)

(Execution as in Form 19)

NOTE—See Note (1) to Form 19.

• (a) See Note

FORM 71A

Requisition for discharge of a charge by its registered owner (rules 52, 111 and 113)

(Heading as in Form 11)

Discharge dated the day of 19 . A.B., the registered owner of a charge for £ registered on the day of (or, at Entry No. ) as a burden on the property described in folio(s) of the register, County , hereby requires a note of the discharge (or, satisfaction) of the said charge, as a burden on the said property (or, the part of the said property specified in the Schedule hereto) to be entered in the said folio(s) of the register.

(To be signed by the registered owner of the charge and signature attested).

(Schedule where necessary)

NOTE:—This form suitably adapted may be used for the discharge of other burdens.

FORM 71B

Requisition for discharge of a charge where its registered owner does not concur (rules 52, 111 and 113)

(Heading as in Form 11)

I, A.B. of aged years and upwards make oath and say:—

or,

The said C.D., the registered owner of the charge died on the day of . His personal representatives are E.F. and G.H. of

or,

The said C.D. the registered owner of the charge died intestate and no representation was raised to his estate and the following are the names and addresses of all his next-of-kin:—

(Jurat as in Form 1)

NOTE (1)—This Form may be adapted where the applicant's predecessor in title was the registered owner at the date of the registration of the charge with additional averments that such predecessor made no payment, etc., and as to the applicant's sources of knowledge.

NOTE (2)—This Form may also be adapted where it is claimed that the charge was paid but no receipt is available.

NOTE (3)—This Form may also be adapted where it is claimed that a charge by way of annuity has been paid in full or where the Statute of Limitations, 1957 , is invoked in respect of arrears.

FORM 72

Charge by way of annuity (rules 52, 113)

(Heading as in Form 11)

Charge dated the day of 19 .

• (a) grants to C.D. an annuity of pounds (£ ) for his life (or, for years) from the day of

19 , to accrue from day to day but to be paid free from all deductions, except income tax, by half-yearly (or, quarterly, or monthly) payments on the day of in every year;

• (b) charges all the said property with the said annuity and assents to its registration as a burden thereon.

(Execution as in Form 19)

NOTE (1)—A covenant for payment of the annuity may be inserted, if desired.

NOTE (2)— See Note (1) to Form 19.

• (a) See Note (2).

FORM 73

Grant of perpetual rentcharge out of freehold property (rule 124)

(Heading as in Form 11)

Grant dated the day of 19 , A.B., the registered owner, in consideration of hereby grants to C.D. in fee-simple a perpetual yearly rentcharge of pounds (£ ) to issue out of all the property described in folio of the register, County and to accrue from day to day but to be paid, free from all deductions except income tax, by half-yearly payments on the day of and the day of in every year, the first payment to be made on the day of , and A.B; hereby assents to the registration of the said rentcharge as a burden on the said property. The address in the State and description of C.D. are—

It is hereby certified, etc. (a)

(Execution as in Form 19)

NOTE (1)—A covenant for payment of the rentcharge may be added, if desired.

NOTE (2)—Registration of the rentcharge will not be evidence of the ownership thereof unless ownership is registered in the register maintained under section 8 (b) of the Act.

NOTE (3)—See Note (1) to Form 19.

• (a) See Note (3).

FORM 74

Entry to be made in the register on deposit in the registry of an affidavit of judgement as a judgement mortgage (rule 118)

An office copy of an affidavit by of a judgement (or, an order) obtained by A.B. against C.D. on the day of 19 , in the High Court (or, in the Circuit Court Circuit) in a cause (or, matter) of A.B. v. C.D. has been deposited in the Registry as a burden on the interest of C.D. in the property. The amount owing on the said judgement (or, order) is stated to be £ .

FORM 75

Notice of the deposit in the registry of an affidavit of judgement as a judgement mortgage (rule 120)

	Land Registry Chancery Street, Dublin.

Sir, (or, Madam),

You are hereby given notice that an affidavit of a judgement (or, an order) obtained on the day of 19 against C.D. in the High Court (or, Circuit Court Circuit) in a cause (or, matter) of has been deposited in this Registry as a burden on the interest of C.D. in the property described in folio of the register County of which is the registered owner and notice of the deposit has been entered in the said folio. The amount stated to be due on the judgement is £ .

To

FORM 76

Requisition by a judgement creditor for the discharge in the register of an entry of a notice of deposit of an affidavit of judgement as a mortgage (rule 122)

(Heading as in Form 11)

A.B., the judgement creditor specified in an affidavit of judgement deposited in the Registry on the day of as a burden on the interest of C.D. in the property described in folio of the register County , hereby requires the discharge in the said folio of the entry of the notice of deposit of the said affidavit.

Dated the day of 19.

(To be signed by the judgement creditor and his signature attested).

To the Registrar of Titles.

NOTE.—This discharge may also be given by the personal representative of the judgement creditor.

FORM 77

Requisition for registration of a lis pendens as a burden (rule 128)

(Heading as in Form 11)

Sir,

The memorandum hereunder written contains the particulars of a lis pendens in the High Court (or, Circuit Court Circuit) which I require to be registered as a burden on the interest of the person hereunder mentioned in the property described in folio of the register, County

*Signature.

Memorandum

Name of person whose interest is intended to be affected	Usual or last known place of abode of such person	Title, trade, or profession of such person

Title of cause or matter:

Particulars of the claim made or the relief sought in cause or matter in respect of the registered property:

I certify that the lis pendens described in the above memorandum is in existence.

Dated the day of 19 .

*Signature

To: The Registrar of Titles.

*Name of Solicitor with name of party for whom be is acting.

of the proper officer of the court in which the lis pendens* is.

FORM 78

Entry of lis pendens in the register (rule 128)

Proceedings affecting the interest of C.D. in the property are pending in the High Court (or, Circuit Court Circuit in a cause (or, matter) of )

FORM 79

Entry of recognisance in the register (rule 129)

A recognisance acknowledged by A.B. before C.D. on the day of in the sum of £ affects the interest of A.B. in the property.

FORM 80

Grant of a right of way by registered full owner of property for the benefit of other registered property (rule 130)

(Heading as in Form 11)

Grant dated the day of 19 . In consideration of A.B., the registered owner of the property described in folio (insert folio No. of property of A.B.) of the register County , hereby grants to C.D., his heirs and assigns, the owners of the property described in folio (insert folio No. of property of C.D.) of the register of said County, and his and their licensees, full right and liberty at all times and for all purposes on foot and with or without animals or vehicles to pass and repass over the part of the property of described on the said folio (insert folio No. of property of A.B.) forming the way leading from to and lettered (or, tinted ) on the map annexed hereto, and A.B., hereby assents to the registration of the said right as a burden on the said part of the property lettered (or, tinted ) on said map.

(Execution as in Form 19)

NOTE (1)—Where the right is to be limited, or is to be subject to obligations to repair etc., the Form may be adapted accordingly (rule 52). In all cases the way should be shown on a section of an Ordnance Survey map annexed to the deed.

NOTE (2)—See Note (2) to Form 26.

FORM 81

Requisition for caution against dealings by a registered owner (rule 131)

(Heading as in Form 11)

A.B. hereby requires that no dealing (or, no dealing in favour of or, no charge, or, as the case may be) by the registered owner with the property described in folio of the register County , (or, with the part of the property described in folio of the register County , edged in red on the map annexed hereto) be registered until notice has been served on him.

The address in the State of A.B. for service of notices and his description are—

Dated the day of 19 .

(To be signed by the cautioner or his Solicitor. Where signed by cautioner, his signature is to be attested. (Rule 54) ).

NOTE:—Where the caution is to be limited to dealings in favour of a named person or to a particular class of dealings, the requisition must state so specifically.

FORM 82

Affidavit in support of caution (rule 131)

(Heading as in Form 11)

I, A.B., of make oath and say:—

(State the facts and refer to the documents (if any) giving rise to, or creating a right in favour of the cautioner in, to or over the property).

(Jurat as in Form 1)

(To be sworn by the cautioner or with the necessary modifications by his Solicitor).

FORM 83

Notice to owner of entry of caution (rule 131)

	Land Registry,	Land Registry,
		Chancery Street,
		Dublin.

Notice

Sir, (or, Madam),

You are hereby notified that A.B. of has registered a caution in folio of the register, County against the registration of any dealing (or, as the case may be) by you with the property described therein of which you are the registered owner (or, with the charge registered in the said folio on the day of of which you are the registered owner) until notice thereof has been served on him.

Short particulars of the right for the protection of which the caution has been registered are given in the Schedule hereto.

Dated the day of 19 .

To:

Schedule FORM 84

Warning notice to cautioner of dealing lodged (rule 132)

(Heading as in Form 11)

WARNING NOTICE

Sir, (or, Madam),

You are hereby given notice that the dealing specified in the Schedule hereto has been received for registration. The caution entered by you on the day of against dealings by the registered owner of the property described in folio of the register County (or, of the charge registered on the day of in folio of the register County ), until notice has been served on you, will cease to have effect after the expiration of days from the service of this notice, and registration under the dealing will proceed unless an order to the contrary is made by the Registrar. Any application by you for a stay of registration must state the grounds thereof.

This notice will be deemed to have been received by you within days from the date hereof in absence of proof to the contrary.

Dated the day of 19 .

To:

Schedule FORM 85

Warning notice to cautioner of an application by the registered owner to discharge caution (rule 132)

(Heading as in Form 11)

WARNING NOTICE

Sir, (or, Madam),

You are hereby given notice that the registered owner of the property described in folio

of the register County (or, of the charge registered on the day of 19 , on the property described in folio of the register County ) has applied to the Registrar to discharge the caution entered by you against dealings by him. Short particulars of the grounds of his application are stated in the Schedule hereto. Your caution will cease to have any effect and will be discharged in the register after the expiration of days from the service of this notice unless an order to continue the caution is made by the Registrar. Any application by you to the Registrar to continue the caution must state the grounds thereof.

This notice will be deemed to have been received by you within days from the date hereof in absence of proof to the contrary.

Dated the day of 19 .

To:

Schedule FORM 86

Application by cautioner for withdrawal of caution (rule 135)

(Heading as in Form 11)

A.B. hereby applies for the withdrawal of the caution entered in his name on the

day of against dealings by the registered owner of the property (or, the part of the property shown on the plan annexed hereto and) described in folio of the register County

(or, of the charge registered on the day of on the property described in folio of the register County ).

Dated the day of 19 .

(To be signed by the cautioner or his Solicitor) (where signed by the cautioner, his signature is to be attested—rule 54)

NOTE—The personal representative of the cautioner may also make the application, the necessary alterations in the form being made.

FORM 87

Application to the Registrar for the entry of an inhibition in a register (rule 139)

(Heading as in Form 11)

A.B. of hereby applies to the Registrar for the entry of an inhibition against dealings with the property (or, with the part of the property specified in the Schedule hereto) described in folio of the register County (or, with the charge or, burden registered on the day of on the property described in folio of the register County ).

Dated the day of 19 .

(To be signed by the applicant or his Solicitor)

Schedule FORM 88

Forms of inhibition (rule 137)

• (i) No registration under a disposition by or transmission from the registered owner, except a transfer on sale, is to be made without prior notice to

• (ii) No registration under a disposition for value by the registered owner (of the part of the property shown as plan edged red on the registry map of the property, or, other description identifying the part of the property with which dealings are to be restricted) is to be made during the lives of A. and B. and the survivor without their consent or the consent of the survivor.

• (iii) No registration is to be made under a disposition for value by the registered owner(s), except a transfer on sale, (such transfer during the lives of A and B and the survivor to be made with their or his or her consent, and no registration under a voluntary disposition is to be made except with the consent of A and B and the survivor, and after the death of the survivor, with the approval of the Registrar after inquiry into title).

• (iv) No registration under any disposition (for value) by the registered owner is to be made except under order of the Registrar (after inquiry into title).

• (v) Where the number of the registered owners is reduced below two, no registration under a disposition by or transmission from the surviving owner is to be made except after notice to (or, except with the consent of , or, except under order of the Registrar).

• (vi) No registration under a disposition by the registered owner is to be made until—state the time that is to elapse, or the event that is to occur, before registration may be made.

• (vii) No registration of the ownership of the interest limited to B. by the settlement is to be made without the consent of C or his personal representative.

• (viii) No registration of ownership under the settlement is to be made after the termination of the interest of the registered limited owner except after notice to (or, with the consent of ).

• (ix) No registration of the ownership of, or of a burden on, the interest limited to B by the settlement under a disposition thereof for value is to be made without the consent of A or his personal representative (or, except after notice to ).

FORM 89

Notice of an application for the entry of an inhibition (rule 140)

(Heading as in Form 11)

Sir, (or, Madam),

An application has been made to the Registrar by for entry in the register of an inhibition restricting dealings by with the property described in folio of the register, County . The grounds of the application are stated in the Schedule hereto.

On the facts disclosed the Registrar proposes to enter in the said folio an inhibition in the following terms: and this entry will be made unless cause to the contrary is shown by you within days from the service of this notice.

Any objection by you to the proposed entry should be in writing addressed to the Registrar, Land Registry, Chancery Street, Dublin. It should state the grounds of your objection, and the modification, if any, of the proposed inhibition that you apply for.