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S.I. No. 258/1981 - Land Registration Rules, 1981

Type Statutory Instrument

Publication 1981-07-20

Last updated 2012-12-07

State In force superseded text

Text As published

Source Irish Statute Book

articles 6

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

1 amending act · 2012-12-07, S.I. No. 483/2012 - Land Registration Rules 2012

Reform history JSON API

LAND REGISTRATION RULES, 1981

1.

(1) These Rules shall come into operation on the 4th day of August, 1981 and may be cited as the Land Registration Rules, 1981.

(2) The Land Registration Rules, 1977 are hereby rescinded.

2.

(1) These Rules and the Land Registration Rules, 1972 shall be construed together and Rule 2 of the Land Registration Rules, 1972 shall apply for the purpose of the interpretation of these Rules.

(2) These Rules and the Land Registration Rules, 1972 may be cited together as the Land Registration Rules, 1972 to 1981.

3.

(1) Subrules (2), (3) and (4) of Rule 19 of the Land Registration Rules, 1972 are hereby amended by the substitution of £50,000 for “£8,000” wherever “£8,000” occurs and the said subrules as so amended are set out in the Table hereto.

TABLE.

(2) Where the market value of the property the subject of the application is shown to the satisfaction of the Registrar not to exceed £50,000, the title to be shown by the applicant may commence—

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

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

(3) On a sale where the purchase money of the property does not exceed £50,000, the Registrar may, if he thinks fit, register a title as absolute or good leasehold on production of a certificate by a solicitor, at the expense of the applicant in Form 3, adapted as the case may require.

(4) Where property is acquired by a statutory authority and the purchase money or compensation paid therefor does not exceed £50,000.

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

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

4.

(1) Subrule (1) of Rule 35 of the Land Registration Rules, 1972 is hereby amended by the substitution of “£50,000” for “£8,000” and the said subrule as so amended is set out in the Table hereto:

TABLE.


Application where property acquired by a statutory authority or on sale and value does not exceed £50,000.	35. (1) Where property purchased under the Land Purchase Acts and registered with a possessory title has been acquired on sale or by a statutory authority and the purchase money, compensation or value thereof does not exceed £50,000, the Registrar may, on an application by the Solicitor for applicant certifying that he has investigated the title prior to first registration and that on such investigation no adverse rights, restrictive covenants or incumbrances were disclosed, convert the title into an Absolute Title.

Application where property acquired by a statutory authority or on sale and value does not exceed £50,000.

35. (1) Where property purchased under the Land Purchase Acts and registered with a possessory title has been acquired on sale or by a statutory authority and the purchase money, compensation or value thereof does not exceed £50,000, the Registrar may, on an application by the Solicitor for applicant certifying that he has investigated the title prior to first registration and that on such investigation no adverse rights, restrictive covenants or incumbrances were disclosed, convert the title into an Absolute Title.

(2) Form 15 of the Schedule of Forms to the Land Registration Rules 1972 is hereby amended by the substitution of “ £50,000” for “ £8,000” and as so amended is set out as follows:

FORM 15

Application for the conversion of possessory title on a Certificate of Solicitor where the compensation, purchase money does not exceed £50,000 Rule 35.


LAND REGISTRY	LAND REGISTRY
COUNTY	FOLIO

I, , am Solicitor for (insert full and correct address of applicant).

The property to which this Application relates is part(s) of the townland(s) of area described in Folio of the Register County

I have investigated the title to the tenancy in the property existing prior to its first registration, and I certify that no incumbrances, restrictive covenants or rights adverse to the said applicant exist on or arise in respect of the said tenancy in the property, the fee simple in which was transferred to the applicant by transfer (or, other instrument), dated the day of 19 , and for which the purchase money (or compensation) paid did not exceed £50,000.

I apply that the possessory title in the register of the property be converted into an absolute title.

Dated the day of 19 .

Signature

5.

FORM 3 of the Schedule of Forms to the Land Registration Rules 1972 is hereby rescinded and the following Form is hereby prescribed in lieu thereof.

FORM 3

Application for first registration where purchase money or compensation does not exceed £50,000 (Rule 19 (3) (4)).

LAND REGISTRY

County

I, am the solicitor for (insert full name and correct description of the applicant) who is applicant for registration as owner.

I have investigated the title to the property described in the conveyance dated the day of , (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 ).

As the result of my investigation of the title, I certify that the conveyance (or, instrument) conveyed (or, vested) the fee simple in the property (or, the lessee's interest in a lease, dated the day of , 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 convenants or incumbrances, except those subject to which the conveyance (or, instrument) expressly conveyed the property.

I certify that the said property remains free from any adverse rights, restrictive covenants or incumbrances (other than those already referred to at Paragraph 3 thereof) and that there is not at the date of this certificate any transaction which affects or may affect the said property other than as stated therein.

The purchase money of (or, the compensation for) the property did not exceed £50,000. The whole of it has been paid to the person (or persons) entitled thereto or authorised to give receipts therefor.

6.

I apply for registration of the applicant as full owner with absolute title, (or good leasehold title) and for the registration as burdens of the following rights appearing from the said conveyance (or, instrument) to affect the ownership—

Dated the day of 19 .

Signature

We, the Registration of Title Rules Committee, constituted pursuant to the provisions of Section 73 of the Courts of Justice Act, 1936 , by virtue of the powers conferred on us by Section 126 of the Registration of Title Act, 1964 , with the concurrence of the Minister for Justice do hereby make the foregoing Rules.


	Dated this 6th day of July, 1981.
	JAMES A. D'ARCY,
	Judge of the High Court
	JOHN O. SWEETMAN,
	W. A. OSBORNE,
	WILLIAM T. MORAN.

I concur in the making of these Rules.


	Dated this 20th day of July, 1981.
	JIM MITCHELL,
	Minister for Justice.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules which come into operation on 4 August, 1981, rescind the Land Registration Rules, 1977, ( S.I. No. 89 of 1977 ).

The Rules provide for the amendment of Rules 19 and 35 and of Forms 3 and 15 of the Land Registration Rules, 1972.

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