S.I. No. 456/2009 - Land Registration (No. 2) Rules 2009

or,

I am the husband of the said C.D. having had issue by her capable of inheriting her freeholds.

or,

I am the widow of the said C.D. who died leaving no issue, and the net value of his real and personal estate did not exceed £4,000 (where the death occurs before 1st June, 1954 £500). I refer to the evidence in proof thereof that accompanies this application.

Signature of deponent.I, E.F., hereby certify thatI know deponent. Signature	Sworn this the day of , 20, at in the county ofbefore me a Commissioner for Oaths (or other qualified person) and I know the deponent (or, I knowE.F., who certifies his knowledge of the deponent), Signature

NOTE — If the applicant is the personal representative and widow of the registered owner who died leaving no issue and the net value of his real and personal estate did not exceed £4,000 (where the death occurs before 1st June, 1954, £500) the reference to proof of the amount of the property in paragraph 2 may be omitted.

FORM 37

Assent by personal representative to a devise to another entitled thereto in the case of death before the 1st June, 1959 (rule 89)

LAND REGISTRY

County Folio

I, A.B., of make oath and say—

or,

All the property described in said folio is included in the residuary devise to E.F., in the will of the said owner.

or,

• (a) See Note (1).

The general personal estate of the said owner is not sufficient to discharge in full his funeral and testamentary expenses and debts (and the legacies charged on his real and personal estate for which his general estate is primarily liable). The sum raiseable out of the property described in the said folio to provide for the deficiency is €, (or, is estimated by me at a sum not exceeding €), and by instrument of charge dated the day of 19, I have created a charge on the property to secure my liabilities as personal representative of C.D., to the extent of the said sum (a)

or,

No person is entitled under the will to any burden or other right in, to, or over the property except the devisee.

Signature of deponent.I, E.F., hereby certify thatI know deponent. Signature	Sworn this the day of , 20, at in the county ofbefore me a Commissioner for Oaths (or other qualified person) and I know the deponent (or, I knowE.F., who certifies his knowledge of the deponent), Signature

• (First) Schedule (where necessary)

(To contain a description of the part of the property in the folio that was devised, identifying it by reference to an application map unless the part can be identified on the registry map from the verbal description)

• (Second) Schedule (where necessary)

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

• (c) First Part

Particulars of subsisting burden(s) or right(s)	Name of claimant in will (Where a minor, or person of unsound mind, that fact with name of guardian or committee to be stated)	Address in the State of claimant (or, where a minor or person of unsound mind, of his guardian or committee)

Second Part

Particulars of burden(s) or right(s) not subsisting	Name of claimant in will (Where a minor or person of unsound mind, that fact to be stated with name of guardian or committee to be started)	Address in the State of claimant (or, where a minoror person of unsound mind, of his guardian or committee)

NOTE (1)—See section 87 (1) of the Registration of Title Act, 1891. When it is necessary to create a charge to provide for a deficiency in the personal estate, an instrument of charge must be executed, stamped and lodged with the assent. See Form 69. But in such a case the transaction can best be carried out by a transfer in Form 43 instead of a transfer and an instrument of charge. This charge should only be created when the personal estate is insufficient to discharge the debts and the legacies (if any) charged on both the real and personal estate for which the personal estate is primarily liable.

FORM 41

Application by a person entitled as sole devisee for registration as owner of property that is vested in him as sole personal representative in case of death before the 1st June, 1959 (rule 89)

LAND REGISTRY

County Folio

I, A.B., of make oath and say —

or,

All the property described in said folio is included in the residuary devise to me, in the will of the said owner.

or,

No person is entitled under the will to any burden or other right in, to, or over the property except the devisee.

or,

• (a) I have set out in the Schedule hereto particulars of all the charges, burdens, or rights created by the will of C.D., on the said property that have priority to the uses and trusts of the settlement created by the said will, and I assent to their registration as burdens on the property (except those of them stated in the assent of the personal representative to have been discharged or satisfied or to have terminated) and I assent to the following inhibition being entered on the folio for the protection of the said unregistered rights.

• (a) See Note

Signature of deponent.I, E.F., hereby certify thatI know deponent. Signature	Sworn this the day of , 20, at in the county ofbefore me a Commissioner for Oaths (or other qualified person) and I know the deponent (or, I knowE.F., who certifies his knowledge of the deponent), Signature

• (First) Schedule (where necessary)

(To contain a description of the part of the property in the folio that was devised, identifying it by reference to an application unless the part can be identified on the registry map from the verbal description)

• (Second) Schedule (where necessary)

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

• (c) First Part

Particulars of subsisting burden(s) or right(s)	Name of claimant in will (Where a minor, or person of unsound mind, that fact with name of guardian or committee to be stated)	Address in the State of claimant (or, where a minor, or person of unsound mind, of his guardian or committee)

Second Part

Particulars of burden(s) or right(s) not subsisting	Name of claimant in will (Where a minor or person of unsound mind, that fact to be stated with name of guardian or committee to be started)	Address in the State of claimant (or, where a minor or person of unsound mind, of his guardian or committee)

FORM 43

Transfer of property of a testate registered full owner by his personal representative to a devisee entitled in case of death before the 1st June, 1959 (rule 90)

LAND REGISTRY

County Folio

Transfer dated the day of .

A.B., the personal representative of C.D., the registered owner, hereby—

• (a) See Note (4)

1.—(a) Charges all the property described in folio of the register, County with any sums that the personal representative of C.D., is liable to pay.

• (b) See Note (5)

Signed (or, Signed, sealed) and delivered by A.B.in the presence of:-

Signed (or, Signed sealed) and deliveredby E.F.in the presence of:-.

Schedule

Subsisting burdens and rights under the will of C.D.	Name of person entitled under the will to the burdens or rights.(Where a minor or person of unsound mind that fact and name of guardian or committee to be stated)

NOTE (1)—The transfer must be accompanied by an affidavit by the personal representative as prescribed by rule 90 (2). Form 45.

NOTE (2)—See section 87 (1) of the Registration of Title Act, 1891. This charge should only be created where the personal estate is insufficient to discharge the debts, and the legacies (if any) charged on both the real and personal estate, for which the personal estate is primarily liable.

NOTE (3)—This form is to be used with appropriate modifications where the personal representative is transferring to the successor of the devisee entitled or to trustee devises to whom property is devised on trust for sale 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.

NOTE (4) — The relevant certificates required by the Finance/Stamp Duty Acts may be added to the Form in appropriate cases.

NOTE (5) — For execution and the attestation of the execution of a transfer —-see rules 54, 55.

FORM 45

Affidavit by personal representative (1) of a testate registered owner relative to, burdens or other rights created by the will of the testator in case of death before the 1st June, 1959 (rule 90)

or,

• (2) in the case of property subject to Part IV of the 1891 Act only, in respect of which the registered owner has died intestate, relative to the persons by law entitled to the property on the intestacy in case of death before the 1st June, 1959 (rule 91)

LAND REGISTRY

County Folio

I, A.B., make oath and say—

Testate Owner.

or,

Intestate Owner.

I have set out in the Schedule hereto the names of all persons who, subject to the liabilities of the intestate, became by law entitled to his property on his/her death, their relationship to the intestate, and their addresses in the State for services of notices. None of them is a minor or person of unsound mind except where stated in the said Schedule.

Signature of deponent.I, E.F., hereby certify thatI know deponent. Signature	Sworn this the day of , 20, at in the county ofbefore me a Commissioner for Oaths (or other qualified person) and I know the deponent (or, I knowE.F., who certifies his knowledge of the deponent), Signature

Schedule

Name of claimant under the will or intestacy (where a minor or person of unsound mind, state that fact and name of guardian or committee)	Where owner died testate, the estate, burden or right of claimant under the will; where owner died intestate, the relationship of claimant to owner	Address of claimant in the State (or, where a minor or person of unsound mind, of his guardian or committee)

NOTE—Care should be taken to set out in the Schedule the names of persons who would become entitled under the provisions of the Legitimacy Act, 1931 , and the Adoption Acts, 1952 and 1964.

FORM 46

Transfer of property (subject to Part IV of the 1891 Act) of an intestate registered owner by his personal representative to the person entitled under the intestacy in case of death before the 1st June, 1959 (rule 91)

LAND REGISTRY

County Folio

Transfer dated the day of 20.

A.B., as administrator of C.D., the registered owner hereby—

• (a) See Note (1).

• (b) See Note (3).

Signed (or, Signed, sealed) and delivered by A.B.in the presence of:-

Signed (or, Signed sealed) and deliveredby E.F.in the presence of:-.

Schedule (where necessary)

Particulars of burden(s) and/or rights to be registered	Name of person to be registered as owner of burden and his address in the State. (Where a minor or person of unsound mind, that fact to be stated with name of guardian or committee (if any))

NOTE (1)—See section 87(1) of the Registration of Title Act, 1891. This charge should only be created if there are undischarged claims for which the administrator is liable.

NOTE (2)—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 (3) — The relevant certificates required by the Finance/Stamp Duty Acts may be added to the Form in appropriate cases.

NOTE (4) — For execution and the attestation of the execution of a transfer —-see rules 54, 55.

FORM 47

Application for registration by a person who is personal representative and who claims to be entitled to property subject to Part IV of the 1891 Act of an intestate owner in the case of death before the 1st June, 1959 (rule 92)

LAND REGISTRY

County Folio

I, A.B., make oath and say—

or,

The claim of every person in the said Schedule has been satisfied, and I beg to refer to the deed/deeds, particulars whereof are set out in the third column of the said Schedule whereby the several persons entitled as aforesaid have released their respective claims to the property which said deed/deeds accompany this application and (are intended to be filed in the Registry), (or, if the deed/deeds relate to other property in addition to registered land, copies of which deed/deeds are intended to be filed in the Registry).

or,

• (a) See Note.

• (a) As the only child of the said C.D., I am the only person entitled to the assets of C.D.

or,

I am the widow of C.D., who died without leaving issue and the net value of his real and personal estate does not exceed £4,000 (where the death occurred before the 1st June. 1954, £500).

or,

The debts, funeral and administration expenses of C.D., which have been paid by me exceed in amount the value of his assets, and the discharge of such liabilities has left no assets available for distribution amongst the persons entitled thereto.

Signature of deponent.I, E.F., hereby certify thatI know deponent. Signature	Sworn this the day of , 20, at in the county ofbefore me a Commissioner for Oaths (or other qualified person) and I know the deponent (or, I knowE.F., who certifies his knowledge of the deponent), Signature

Schedule

Name of Claimant under the intestacy (where a minor or person of unsound mind state that fact and the name of the guardian or committee)	The relationship of claimant to deceased owner	Address of claimant in the State (or, where a minor or person of unsound mind, of his guardian or committee

NOTE (1)—n framing this paragraph regard should be had to the provisions of the Legitimacy Act, 1931 , and the Adoption Acts, 1952 and 1964.

FORM 48

Assent by personal representative(s) to the registration of a person entitled as owner where a registered owner dies testate on or after the 1 st June 1959(rule 94)

LAND REGISTRY

County Folio

I/we A. B. of make oath and say—

Signature of deponent.1, G.H., hereby certify that I know deponent.Signature	Sworn this the day of , 20, at in the county of before mea Commissioner for Oaths (or other qualified person) and I know the deponent (or, I know G.H., who certifies his knowledge of the deponent), Signature

Schedule (where necessary)

Particulars of burdens and/or rights. (It should be stated in the case of each burden or right 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 a minor 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 (or where a minor or person of unsound mind, of his guardian or committee or trustee)

NOTE (1) — Deeds or wills (other than probate of the will of the registered owner) 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 Authority. The effect of all the deeds and wills must be set out correctly in the prescribed Form. See section 61 (3) of the Act as inserted therein by section 54 (2) of the Succession Act, 1965 .

NOTE (2) — See section 20 (2) of Administration of Estates Act, 1959, and, in cases of deaths after the commencement of the Succession Act, 1965 , on 1 st January 1967 (section 52 (2) of that Act).

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 powers authorised, 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 Authority 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 in 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 minors or persons of unsound mind) their committees or guardians or trustees under section 57 of the Succession Act, 1965 .

NOTE (3) — Where the personal representative authorises the registration of a charge for the repayment of a principal sum of money, the interest and terms relating to its repayment should be clearly set out. It must be shown clearly, in the case of such a charge created by deed, when the repayment of the charge may be enforced by the exercise of his power of sale by the registered owner of the charge.

FORM 53

Application for registration by a personal representative who claims to be entitled to be registered as owner where a registered owner dies testate on or after the 1st June, 1959 (rule 94)

LAND REGISTRY

County Folio

I, A.B. of make oath and say:-

Signature of deponent.I, E.F., hereby certify thatI know deponent. Signature	Sworn this the day of , 20, at in the county ofbefore me a Commissioner for Oaths (or other qualified person) and I know the deponent (or, I knowE.F., who certifies his knowledge of the deponent), Signature

Schedule (where necessary)

Particulars of burdens and/or rights (It should be stated in the case of each burden or right 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 a minor 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 (or, where a minor or person of unsound mind, of his guardian, or Committee or trustee)

FORM 55

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

LAND REGISTRY

County Folio

Transfer dated the day of 20 .

A.B., the personal representative(s) of C.D., the registered owner, hereby—

See Note (1).

• (b) See Note (3).

Signed (or, Signed, sealed) and delivered By A.B. in the presence of:-

Signed (or, Signed, sealed) and delivered By E.F. in the presence of:-

Schedule (where necessary)

Particulars of burdens and/or rights (It should be stated in the case of each burden or right 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 a minor 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 (or, where a minor or person of unsound mind, of his guardian, committee or trustee)

NOTE (1) — Deeds or wills (other than probate of the will of the registered owner) 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 Authority. The effect of all the deeds and wills must be set out correctly in the prescribed Form. See section 61 (3) of the Act as inserted therein by section 54 (2) of the Succession Act, 1965 .

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 III 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 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, 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 Authority 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 in 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 minors or persons of unsound mind) their committees or guardians or trustees under section 57 of the Succession Act, 1965 .

NOTE (3) — The relevant certificates required by the Finance/Stamp Duty Acts may be added to the Form in appropriate cases.

NOTE (4) — For execution and the attestation of the execution of a transfer —-see rules 54, 55.

NOTE (5) — Where the personal representative authorises the registration of a charge for the repayment of a principal sum of money, the interest and terms relating to its repayment should be clearly set out. It must be shown clearly, in the case of such a charge created by deed, when the repayment of the charge may be enforced by the exercise of his power of sale by the registered owner of the charge.

FORM 61

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

LAND REGISTRY

County Folio

Transfer dated the day of 20.

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

• (b) See Note (2).

• (c) See Note (4).

Signed (or, Signed, sealed) and delivered by A,.B. in the presence of:-

Signed (or, Signed, sealed) and delivered by E.F.in the presence of:-

Schedule (where necessary)

Particulars of burdens and/or rights. (It should be stated in the case of each burden or right, 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 a minor 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 a minor or person of unsound mind, of his guardian, committee or trustee)

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 Authority. 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) — 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) — The relevant certificates required by the Finance/Stamp Duty Acts may be added to the Form in appropriate cases.

NOTE (5) — For execution and the attestation of the execution of a transfer —-see rules 54, 55.

NOTE (6) — 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 (7) — Where the personal representative authorises the registration of a charge for the repayment of a principal sum of money, the interest and terms relating to its repayment should be clearly set out. It must be shown clearly, in the case of such a charge created by deed, when the repayment of the charge may be enforced by the exercise of his power of sale by the registered owner of the charge.

FORM 63

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

LAND REGISTRY

County Folio

I, A.B. make oath and say—

I hereby assent to and apply for my registration as owner. (and 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)

Signature of deponent.I, E.F., hereby certify thatI know deponent. Signature	Sworn this the day of , 20, at in the county ofbefore me a Commissioner for Oaths (or other qualified person) and I know the deponent (or, I knowE.F., who certifies his knowledge of the deponent), Signature

Schedule (where necessary)

Particulars of burdens and/or rights. (It should be stated in the case of each burden or right, 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 a minor 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 a minor or person of unsound mind, of his guardian, committee or trustee)

NOTE (1) 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 on 1 st January 1967.

NOTE (2) — Where the personal representative authorises the registration of a charge for the repayment of a principal sum of money, the interest and terms relating to its repayment should be clearly set out. It must be shown clearly, in the case of such a charge created by deed, when the repayment of the charge may be enforced by the exercise of his power of sale by the registered owner of the charge.

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 1 st 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).

LAND REGISTRY

County Folio

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 2 nd 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.

Signature of deponent.I, E.F., hereby certify thatI know deponent. Signature	Sworn this the day of , 20, at in the county ofbefore me a Commissioner for Oaths (or other qualified person) and I know the deponent (or, I knowE.F., who certifies his knowledge of the deponent), Signature

• (c) Schedule

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

Part I

Particulars of burdens and rights created by the settlement that affect estate or interest of applicant.	Name of claimant (Where a minor 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 a minor or person of unsound mind, of his guardian, committee or trustees)

• (d) See Note (2)

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.

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).

LAND REGISTRY

County Folio

• (a) See Note (1)

• (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 Part II 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.

Signature of deponent.I, E.F., hereby certify thatI know deponent. Signature	Sworn this the day of , 20, at in the county ofbefore me a Commissioner for Oaths (or other qualified person) and I know the deponent (or, I knowE.F., who certifies his knowledge of the deponent), Signature

• (c) Schedule

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

Part I

Particulars of burdens and rights created by the settlement that affect estate or interest of applicant.	Name of claimant (Where a minor 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 a minor or person of unsound mind, of his guardian, committee or trustees)

• (d) See Note (2)

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.

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

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 thesettlement 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 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 20.

To be signed by the trustees and their signatures attested. If not attested by a solicitor an affidavit by the attesting witness may be required.

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.

FORM 68

Charge for future advances (rules 52, 113)

LAND REGISTRY

County Folio

Charge dated the day of 20.

A.B., the registered owner, (or the person entitled to be registered as owner) hereby charges the property set out in the schedule hereto with payment to CD of all sums owing and due from time to time and covenanted to be paid in respect of future (or, present and future) advances to the said AB and secured by this charge, subject to such terms and conditions, covenants and obligations as are set out in the General Terms and Conditions lodged in the Land Registry under reference.

The said A.B. hereby assents to the registration of this charge as a burden on the property

The address in the state of the said C.D. for service of notices and his description are:-

Schedule

(Description of property charged)

Signed (or, Signed, sealed) and delivered by A.B in the presence of:

Signed (or, Signed, sealed) and delivered by C.D. in the presence of:

NOTE: Where desired, the covenants for title implied by the chargor charging “ as beneficial owner” may be incorporated by inserting these words in the deed of charge after the name of the chargor. See section 80 of the Land and Conveyancing Law Reform Act 2009 .

FORM 74

Entry to be made in the register as a judgment mortgage (rule 118)

A judgment mortgage in respect of a judgment (or, an order) obtained by A.B. against C.D. on the day of , in the High Court (or, in the Circuit Court Circuit) (or in the District Court) Record Number) in a cause (or, matter) of A.B. -v- C.D. on the interest of C.D. in the property.

FORM 75

Notice of the registration in the registry of a judgment as a judgment mortgage (rule 120)

The Property Registration Authority

Land Registry,

• (address)

Sir, (or, Madam),

You are hereby given notice of the registration of a judgment mortgage in respect of a judgment (or, an order) obtained on the day of against C.D. in the High Court (or, Circuit Court Circuit) (or in the District Court) in a cause (or, matter) of 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.

To

FORM 76

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

LAND REGISTRY

County Folio

A.B., the judgment creditor specified in an affidavit of judgment deposited in the Registry on the day of (or, in an application for registration of a judgment mortgage)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 (or, the entry of judgment mortgage).

Dated the day of 20.

Signed by the saidA.B. in the presence of:

To The Property Registration Authority.

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

FORM 77

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

LAND REGISTRY

County Folio

Sir,

The memorandum hereunder written contains the particulars of a lis pendens registered in the Central Office of the High Court 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 .

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

• 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 20.

• a proper officer of the High Court.

*Signature

to The Property Registration Authority,

(address of appropriate office)

FORM 109

Entry to be made in the register pursuant to Rule 3 of The Land Registration (No.2) Rules 2009.

“The title is subject to the provisions of the Land and Conveyancing Law Reform Act 2009 .”

Form 110

Application for registration of trustee(s) who is (are) entitled to be registered as owner(s) of registered land by virtue of the Land and Conveyancing Law Reform Act 2009 (Rule 4 of the Land Registration (No.2) Rules 2009)

LAND REGISTRY

County Folio

I, A.B./ We A.B. and C.D. of

make oath and say —

Signature of deponent.I, E.F., hereby certify thatI know deponent. Signature	Sworn this the day of , 20, at in the county ofbefore me a Commissioner for Oaths (or other qualified person) and I know the deponent (or, I knowE.F., who certifies his knowledge of the deponent), Signature

Form 111

Lease of registered land. (Rule 5 of the Land Registration (No.2) Rules 2009

LAND REGISTRY

County Folio

Lease dated the day of 20.

A.B., the registered owner, in consideration of hereby demises all the property described in folio of the register County (or, the part of the property described in folio of the register County specified in Schedule 1 hereto) to C.D. to hold for a term of years from at the rent of payable on (subject to the terms, clauses, appurtenances, ancillary rights, exceptions, reservations, covenants, conditions, provisos, and charges, set out in the schedules 2, 3 4 etc. hereto.)

The said AB hereby assents to the registration of the lease as a burden on the said property.

It is hereby certified etc (as required by the Finance Acts)

Schedule (1) (where necessary)

(to contain particulars of the part leased and a reference to the map thereof)

Signed (or Signed, sealed) and delivered by AB in the presence of

Signed (or Signed, sealed) and delivered by CD in the presence of

Note: The standard terms, clauses, appurtenances, ancillary rights, exceptions, reservations, covenants, conditions, provisos, and charges may be included in separate schedules.

Form 112

Application for registration of a judgment mortgage (Rule 118)

Land Registry

The High Court/Circuit Court/District Court

Title: Record No:

Between:

A.B. Plaintiff

and

C.D. Defendant

I, AB, aged 18 and upwards, of ................................. the creditor within the meaning of Section 115 of the Land and Conveyancing Law Reform Act 2009 make oath and say as follows:-

2 The Name and Title of the Action, Matter or Cause in which the said judgment was obtained is as set out above.

4 I apply for registration of the said judgment as a judgment mortgage on the said folio.

Signature of deponent.I, E.F., hereby certify thatI know deponent. Signature	Sworn this the day of , 20, at in the county ofbefore me a Commissioner for Oaths (or other qualified person) and I know the deponent (or, I knowE.F., who certifies his knowledge of the deponent), Signature

I certify that judgement was obtained in the above entitled action in the High Court/Circuit Court/District Court.

Dated the day of 20.

*Signature

*of the proper officer of the court in which the judgment was obtained.

NOTE — See section 115 of the Land and Conveyancing Law Reform Act 2009

We, the Registration of Deeds and Title Rules Committee, constituted pursuant to the provisions of section 74 of the Registration of Deeds and Title Act 2006 in exercise of the powers conferred on us by section 126 of the Registration of Title Act, 1964 , as amended by section 72 of the Registration of Deeds and Title Act 2006 , with the concurrence of the Minister for Justice, Equality and Law Reform, do hereby make the foregoing Rules.

DATED this 19th day of November, 2009.

MARY LAFFOY, Judge of the High Court.

JOHN T. COLEMAN, Chairman of the Property Registration Authority.

CATHERINE TREACY, Chief Executive of the Property Registration Authority.

JAMES DWYER, Senior Counsel.

OWEN M. BINCHY, Solicitor.

1, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 126 of the Registration of Title Act, 1964 , as amended by section 72 of the Registration of Deeds and Title Act 2006 , hereby concur in the making of the foregoing Rules.

GIVEN under my Official Seal,

25 November 2009.

DERMOT AHERN,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE

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

These Rules, which come into effect on 1st of day of December 2009, or on the 1st day of January 2010, provide for the amendment of the Land Registration Rules 1972-2009.

The Rules provide for new Rules at 3, 4, 5 and 6 and the amendment of Rules 3, 6, 19, 24, 57, 59, 67, 79, 82, 100, 117, 118, 119, 120, 121, 122, 128, 153, 188 and 225 of the Land Registration Rules 1972, for new Forms 109, 110, 111 and 112 and the amendment of Forms numbered 1, 2, 7, 9. 10, 11, 12, 13, 16, 17, 19, 23, 30, 34, 36, 37, 41, 43, 45, 46, 47, 48, 53, 55, 61, 63, 64, 65, 68, 74, 75, 76 and 77 in the Schedule of Forms to those Rules and for the rescinding of rules 29, 58, 75, 106, 109, 110, 116, 124, 152,158, 159, 160, 162, 163, 164, 165, 168, 169 and 170, of those Rules and the deletion of Forms 6, 24, 32, 39, 49, 51, 56, 58, 60, 62, 73, 94, 95 and 96 of the Schedule of Forms to those Rules.