S.I. No. 483/2012 - Land Registration Rules 2012

CONTENTS	CONTENTS
Subject Matter	Rule
Premlinary	Premlinary
Commencement	1
Interpretation	2
PART 1	PART 1
The Registers and the Registry Offices	The Registers and the Registry Offices
Form and contents of registers	3
Manner of registration	4
Revision of folios of registers	5
Formal alterations of register and cancellation of determined entries	6
Correction of errors	7
Description of property	8
Indexes	9
Closing of register in respect of charge	10
PART 2	PART 2
Applications for Registration	Applications for Registration
Applications for registration	11
Applications not in order	12
Additional evidence and enquiries	13
PART 3	PART 3
First Registration, Conversion of Possessory and Qualified Titles and other Registrations involving Examinations of Title of Persons to Unregistered Interests in Registered Property	First Registration, Conversion of Possessory and Qualified Titles and other Registrations involving Examinations of Title of Persons to Unregistered Interests in Registered Property
First registration	First registration
Application for first registration	14
Documents to accompany application for registration of ownership of freehold property	15
Documents to accompany application for registration of ownership of leasehold interests and of rights other than incorporeal hereditaments held in gross	16
Application for first registration based on possession	17
Examination of title	18
Modification of examination of title	19
Application by Minister for Agriculture, Food and the Marine for registration with possessory title	20
Application by local authority under statutory powers for first registration of purchaser	21
Documents to be lodged on registration procured by the Minister for Agriculture, Food and the Marine	22
Transfers to registers of recorded property	23
Registration of recorded property	24
Entry of easement or profit á prendre as part of description of property registered	25
Property acquired under the Land Purchase Acts and on exchange	26
Notice of statutory restrictions	27
Entries relative to mines and minerals	28
Apartment, flat, floor, cellar, tunnel, mines and minerals, soil, subsoil, attic, airspace or foreshore	29
Form of caution against first registration and affidavit in support of it	30
Time for objection and form of notice on cautioner	31
Conversion of title	Conversion of title
Application where ownership registered 30 years	32
Application where ownership registered 12 years under transfer for value	33
Application where property acquired on sale or by a statutory authority and value does not exceed €1,000,000	34
Other applications for conversion of possessory title	35
Examination of title to interests protected by registration with a possessory title	36
Conversion of registered title in cases under Section 50(2) of the Act	37
Notice, advertisement and enquiries before such conversions	38
Application for conversion of qualified title	39
Notice of intended conversion to be given	40
How burdens ascertained entered on conversion	41
How register made conformable with titles ascertained	42
Where deeds are deposited to create a lien	43
Other examinations of title outside register	44
Title acquired by possession to registered property	Title acquired by possession to registered property
Title to registered property acquired by possession	45
Acquisition of easements and profits by prescription	Acquisition of easements and profits by prescription
Acquisition of easements and profits by prescription	46
General provisions relative to first registration and applications requiring an examination of title of unregistered interests	General provisions relative to first registration and applications requiring an examination of title of unregistered interests
Form of affidavit of discovery	47
First registration of tenants in common	48
First registration of trustee owner	49
Notice to be given of proposed registration	50
Date of registration	51
PART 4	PART 4
Dealings with Registered Property	Dealings with Registered Property
General	General
Form of instruments	52
Applications or instruments in improper form	53
Evidence of execution of instruments	54
Evidence of execution of instrument by attorney	55
Identification of part of registered property transferred	56
Presentation of dealing for registration	57
Priority of dealings received for registration	58
Notice in register of pending registration	59
Date of registration	60
Amendment of instrument and priority of amended instrument	61
Stamp certificate issued by Revenue Commissioners	62
Registration of a tenant in common	63
Registration of trustee owner	64
Application by registered owner for amendment of folio	65
Application for registration of trustees	66
Transfers	Transfers
Forms of transfer	67
Form of lease	68
Registration of transferee who is a trustee	69
Registration under a transfer or vesting order on sale in execution of order of court	70
Effect of covenant to pay rent or indemnify may be noted in register	71
Registration of purchaser from personal representative of owner discharged from judgment mortgage on interest of beneficiary	72
Registration under grant reserving rent	73
Registration of companies	74
Registration under transfer over-reaching estate or interest of registered owner	75
Notice of application for registration under transfer over-reaching estate or interest of registered owner	76
Cancellation of burdens on transfer over-reaching the estate or interest of registered owner	77
Notice of cancellation of burdens on transfer over-reaching the estate or interest of registered owner	78
Registration of transfer under power of sale	79
Registration of trustees or assignees of bankrupt owner and re-registration of the owner	80
Registration of transferee of local authority under statute	81
Registration of local authority under statute	82
Registration of dispositions of recorded property	83
Registration of new trustee of friendly society	84
Transmission on death	Transmission on death
Application for registration where registered owner died prior to 1st June 1959	85
Applications for registration where registered owner diedon or after 1st June, 1959	Applications for registration where registered owner diedon or after 1st June, 1959
Assent by personal representative(s) on death testate to registration of person entitled; application of person entitled for registration	86
Transfer by personal representative(s) on death testate to person entitled	87
Application for registration by a person, other than the personal representative, entitled on intestacy	88
Application for registration by personal representative(s) entitled on intestacy	89
Application for registration on death of person entitled to but not registered as owner	90
Transmission on death of owner of charge or other burden	91
Note of death of registered owner	92
Application for registration of successor of limited owner	93
Application for registration by survivor or survivors of joint tenants	94
Court orders & burdens generally	Court orders & burdens generally
Registration pursuant to court order	95
The assent to registration of burdens that is to be given by persons other than the owner	96
How assent to registration of burden is to be given	97
How burden may be entered	98
Note in register where statutory priority for burden claimed	99
Instrument creating two or more burdens and priority thereof	100
Evidence on which a burden may be cancelled or modified	101
Application for cancellation of charge by electronic means	102
Application for cancellation of Property Adjustment Order	103
Where burden may be cancelled as extinguished	104
Charges	Charges
Forms of charge, transfer of charge and release	105
Registration of charge created by a company	106
Crystallised charge as burden	107
Sub-charges	108
Dealing with mortgage created prior to first registration where registered	109
Judgment mortgages	Judgment mortgages
Registration of judgment mortgage	110
Evidence on registration of judgment mortgage	111
Notice of registration of judgment mortgage	112
Application to cancel entry of judgment mortgage on grounds of invalidity	113
Cancellation of entry of judgment mortgage validly registered	114
Other burdens	Other burdens
Lease	115
Power to charge and trust to secure money	116
Lien for unpaid purchase money	117
Judgment or order of court	118
Lis pendens	119
Recognisances, bonds and judgments	120
Easement or profit á prendre	121
Cautions and inhibitions against registration of dispositions	Cautions and inhibitions against registration of dispositions
Form of caution, affidavit or certificate in support and notice	122
Warning notice to cautioner	123
Application by registered owner for discharge of caution	124
Procedure on appearance by cautioner to a warning notice	125
Withdrawal of caution or consent of cautioner to dealing	126
Lapse of caution	127
Form of inhibition	128
Entry of inhibition on consent	129
Application for inhibition where there is no consent	130
Procedure on application for inhibition	131
Procedure on objection to inhibition	132
Modification or discharge of registered inhibition	133
Application in anticipation of dealing inhibited without Authority’s order or approval	134
Procedure on lodgment of dealing inhibited without notice to specified persons	135
Inhibition under order of court	136
Other entries	Other entries
Entry of notice of burdens that affect without registration	137
Entry of notice of exemption from burden under Section 72(2) of the Act	138
Entry of conclusiveness of a boundary of property	139
Entry of boundary ascertained by Land Judges conveyance	140
Entry of boundary by agreement	141
Settlement of boundary on transfer	142
Removal of description of infancy	143
Entry in register on conversion of a registered renewable lease	144
Limited Ownership	145
PART 5	PART 5
Miscellaneous	Miscellaneous
Registry maps	Registry maps
Form of Registry maps	146
Contents of Registry maps	147
Minors & persons of unsound mind	Minors & persons of unsound mind
Persons who may represent minors	148
Appointment of person to represent a minor	149
Appointment of person to represent person of unsound mind	150
Deeds and documents	Deeds and documents
Lodgment of documents subject to lien	151
Documents that are to be retained in Registry and that may be delivered	152
Delivery of documents relating to unregistered property	153
Endorsement of documents delivered	154
Delivery of documents to solicitor for production in court or taxation purposes	155
Transmission of documents to court	156
Application for transmission of document to a County Registrar	157
County Registrar custodian of document transmitted	158
Inspection of filed documents and obtaining copies thereof	159
Searches in the registers and registry maps	Searches in the registers and registry maps
Official search	160
Priority entry	161
Effect of priority entry	162
Priority where two or more priority entries are made	163
Solicitor or other person not liable for error in official search	164
Searches by public	165
Proceedings in the Registry	Proceedings in the Registry
Proceedings not to abate	166
Evidence in proceedings	167
Affidavits and statutory declarations in proceedings	168
Form of notices issued	169
Service of notices	170
Every notice served	171
Procedure on return of notice sent by post	172
Personal service of notice, summons or order	173
How questions determined	174
Summons by Authority	175
Powers of Authority under Sections 16 and 94 of the Act	176
Costs of proceedings before Authority	177
Enforcement of order for costs	178
Recording of decisions of Authority	179
Procedure on Appeals to Court	180
Reference of questions to court	181
General powers of Authority	182
Power to treat proceedings as abandoned	183
PART 6	PART 6
Compensation Payable out of the Central Fund	Compensation Payable out of the Central Fund
To whom application for compensation is to be made	184
Contents of application for compensation	185
PART 7	PART 7
Registrations in the Register maintained under Section 8(b) of the Act and Exchanges of Holdings under Section 46 of the Land Act, 1923	Registrations in the Register maintained under Section 8(b) of the Act and Exchanges of Holdings under Section 46 of the Land Act, 1923
Rights in land which may be registered	186
Incorporeal hereditaments held in gross	187
Application of the Act to incorporeal hereditaments held in gross	188
Application of the Act to rights other than incorporeal hereditaments held in gross	189
Exchanges under Section 46 of the Land Act, 1923	190
Effect of registration on exchange	191
Registration with possessory title	192
Notices to be given	193
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Schedule of Forms	Schedule of Forms
Form	Subject Matter
	First registration, title by possession etc
Form 1	Application for first registration of freehold property
Form 2	Application for first registration of leaseholds and of rights (other than incorporeal hereditaments held in gross)
Form 3	Application for first registration where purchase money or compensation does not exceed €1,000,000
Form 4	Application by the Minister for Agriculture, Food and the Marine under Section 26(1) of the Act for first registration with possessory title
Form 5	Application for first registration where title is based on possession
Form 6	Application for registration where title is based on possession of registered land only
Form 7	Caution against first registration
Form 8	Affidavit of interest in support of caution against first registration, to be endorsed on caution
Form 9	Warning notice to cautioner of application for first registration
	Dealings with registered property
	Conversion of possessory title
Form 10	Application for the conversion of possessory title (property purchased under Land Purchase Acts)
Form 11	Application for the conversion of possessory title (property purchased under Land Purchase Acts) where the title to the tenancy existing prior to first registration has not been investigated by counsel
Form 12	Application for the conversion of possessory title (property purchased under Land Purchase Acts) where the title to the tenancy existing prior to first registration has been investigated by counsel
Form 13	Application for the conversion of possessory title (property purchased under Land Purchase Acts) on a certificate of solicitor where the compensation, purchase money, does not exceed €1,000,000
Form 14	Application for conversion of possessory title (property not purchased under the Land Purchase Acts and where lodged with a transfer for value or other disposition for value) or for the conversion of a qualified title
Form 15	Application for conversion of possessory title (property not purchased under the Land Purchase Acts and where not lodged with a transfer for value or other disposition for value)
Form 16	Affidavit of discovery
	Applications for registration
Form 17	Application for registration of ownership or other entries
Form 18	Notice to registered owner of application by personal applicant
	Transfers
Form 19	Transfer of property by a registered owner
Form 20	Affidavit of attesting witness
Form 21	Transfer of part of property by a registered owner
Form 22	Transfer of part of property (building estate) by a registered owner
Form 23	Voluntary transfer of freehold property by a registered owner with a power of revocation
Form 24	Transfer of property by a registered owner of a charge in exercise of a power of sale
Form 25	Notice to registered owner of registration of transfer under a power of sale
Form 26	Notice of cancellation of a puisne burden on a power of sale under Section 62(10) of the Act
Form 27	Notice to the registered owner of a transfer over-reaching the estate or interest of the registered owner under Section 60 of the Act
Form 28	Notice of cancellation of a burden on transfer over-reaching the estate or interest of the registered owner
Form 29	Transfer of property to trustees
Form 30	Transfer of freehold property by a registered owner creating rights in favour of himself/herself and others
Form 31	Lease of registered land
Form 32	Application by a local authority to be registered as owner of property vested in it under statute
	Transmissions
Form 33	Application for registration where the registered owner died prior to 1st June, 1959
Form 34	Affidavit by personal representative(s) of a registered owner relative to, burdens or other rights created by the will of the testator, or, relative to the persons by law entitled to the property on the intestacy in case of death prior to 1st June, 1959; or,Affidavit by personal representative(s) where a person died entitled but not registered as owner in the case of a death on or after the 1st June, 1959
Form 35	Assent by personal representative(s) to the registration of a person entitled as owner where a registered owner died testate on or after the 1st June, 1959
Form 36	Application by a person, who claims to be entitled to be registered as owner on the assent of the personal representative(s), where a registered owner died testate on or after the 1st June, 1959
Form 37	Application by trustees for registration as owners of property on the assent of the personal representative(s) where a registered owner died testate on or after the 1st June, 1959
Form 38	Application for registration by personal representative(s) who claims to be entitled to be registered as owner where a registered owner died testate on or after the 1st June, 1959
Form 39	Application by one or more personal representatives to whom property is devised as trustees on the death testate of a registered owner on or after the 1st June, 1959
Form 40	Transfer by the personal representative(s) to a person entitled to be registered as owner where a registered owner died testate on or after the 1st June, 1959
Form 41	Assent by personal representative(s) to the registration of a person entitled as owner where a registered owner died intestate on or after the 1st June, 1959
Form 42	Application for registration by a person who claims to be entitled to be registered as owner where a registered owner died intestate on or after the 1st June, 1959
Form 43	Transfer by personal representative(s) to a person entitled to be registered as owner where a registered owner died intestate on or after the 1st June, 1959
Form 44	Application for registration by personal representative(s) 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
Form 45	Application for registration as owner by a person entitled on the determination of the estate or interest of a registered limited owner
Form 46	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 45 is not appropriate
Form 47	Application for registration by surviving joint tenant(s)
	Charges and cancellations
Form 48	Assent to the registration of a burden
Form 49	Charge for a principal sum
Form 50	Charge for future advances
Form 51	Charge for present and future advances
Form 52	Specific charge for present and future advances arising on the creation of a commercial mortgage or debenture
Form 53	Charge by personal representative for moneys that he/she is liable to pay as personal representative
Form 54	Application for registration of a crystallised floating charge
Form 55	Entry of crystallised charge to be made in the register
Form 56	Transfer of charge
Form 57A	Requisition for cancellation of a charge by its registered owner
Form 57B	Requisition for cancellation of a charge where its registered owner does not concur
Form 58	Application in electronic form for cancellation of the entry of a charge
Form 59A	Application for cancellation of property adjustment order by solicitor
Form 59B	Application for cancellation of property adjustment order by the beneficiary of the order
Form 59C	Application for cancellation of property adjustment order by the parties to the proceedings
	Judgment mortgages and other burdens
Form 60	Application for registration of a judgment as a judgment mortgage
Form 61	Entry to be made in the register of a judgment as a judgment mortgage
Form 62	Notice of the registration in the Registry of a judgment as a judgment mortgage
Form 63	Requisition by a judgment creditor for the cancellation 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
Form 64	Requisition for registration of a lis pendens as a burden
Form 65	Entry of lis pendens in the register
Form 66	Entry of recognisance in the register
Form 67	Grant of a right of way by a registered owner of property for the benefit of other registered property
Form 68	Application for registration of an easement or profit à prendre acquired by prescription
Form 69	Notice of application for registration of an easement or profit à prendre acquired by prescription
	Cautions and inhibitions
Form 70	Requisition for caution against dealings by a registered owner
Form 71	Affidavit in support of caution
Form 72	Notice to registered owner of entry of caution
Form 73	Warning notice to cautioner of dealing lodged
Form 74	Warning notice to cautioner of an application by the registered owner to cancel a caution
Form 75	Application by cautioner for withdrawal of caution
Form 76	Application to the Authority for the entry of an inhibition in a register
Form 77	Forms of inhibition
Form 78	Notice of an application for the entry of an inhibition
Form 79	Application to the Authority for the cancellation or modification of an inhibition on consent
Form 80	Application to the Authority for the cancellation or modification of an inhibition, where parties do not consent
	Miscellaneous
Form 81	Notice of lodgment of deeds in the Registry subject to a lien thereon
Form 82	Application for the transmission of a filed instrument to a County Registrar for production in court
Form 83	Application by registered owner for amendment of name, address or description of registered owner
Form 84	Notice of rectification of error in registration
Form 85	Entry to be made in the register pursuant to Rule 145
Form 86	Application for registration of trustee(s) who is(are) entitled to be registered as owner(s) of registered land by virtue of the Act of 2009
Form 87	Summons to attend before Property Registration Authority
	Searches
Form 88	Requisition for official search in the names index
Form 89	Requisition for official search for the registration of the ownership registered in the registers maintained under Section 8(a) and (b) of the Act
Form 90	Requisition for official search in a register for entries since first registration
Form 91	Certificate of result of official search in names index
Form 92	Certificate of result of official search for the registration of the ownership of specified property or for entries in a register
	Priority entries
Form 93	Application for registration of priority entry pursuant to Section 108 of the Act
Form 94	Notice of application for registration of a priority entry pursuant to Section 108 of the Act
Form 95	Entry to be made pursuant to Section 108 of the Act
	Instruments
Form 96	Application to inspect or obtain a copy of an instrument under Rule 159 of the Land Registration Rules
Form 97	Notice of application to inspect (or obtain a copy) instrument
	Compensation
Form 98	Application for compensation out of the Central Fund under Section 120 of the Act

S.I. No. 483 of 2012

LAND REGISTRATION RULES, 2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th December, 2012.

The Land Registration Rules

Commencement

1.

Interpretation

2.

“the Act” means the Registration of Title Act, 1964 ; and words or expressions defined in the Act have the same meaning as in the Act, where the context so admits;

“the Act of 2006” means the Registration of Deeds and Title Act 2006 ; and words or expressions defined in the Act have the same meaning as in the Act, where the context so admits;

“the Act of 2009” means the Land and Conveyancing Law Reform Act 2009 ;

“the Acts” means the Registration of Deeds and Title Acts 1964 and 2006;

“the Authority” means the Property Registration Authority;

“the Registry” means the Land Registry;

“application map” means;

• (a) a map in paper form or in electronic form issued by the Authority,

• (b) such other map in paper form or electronic form as the Authority may allow,

on which is identified, in such manner as the Authority may direct, a property the subject of an application for registration;

“folio” means a constituent part of a register, containing individual ownership details;

“Form” or “Forms” means a form or the forms in the Schedule of Forms;

“legal opinion” means the opinion of a practising barrister or practising solicitor;

“local authority” includes a county council, city or borough council, town council and any public body or person established by or in pursuance of any statute to perform any of their functions;

“lodged by hand” means lodgment of an application in person at a Public Office of the Registry, during the hours the Registry is open to the public;

“possessory title” includes a title deemed under the Act or under these Rules to be possessory;

“prescribed fee” means the appropriate registration fee fixed by the Minister for Justice and Equality by order under Section 14 of the Act or Section 21 of the Act of 2006;

“property” includes land, and any estate, leasehold interest, incorporeal hereditament, or other right, in or to land, the ownership of which is or may be registered in the registers established by the Act.

• (2) The Interpretation Act 2005 , shall apply for the purpose of the interpretation of these Rules as it applies for the purpose of the interpretation of an Act of the Oireachtas, except so far as it may be inconsistent with the Act or with these Rules.

PART 1 The Registers and the Registry Offices

Form and contents of registers

3.

• (2) Each ownership registered shall be identified by a distinguishing number to be called the folio or title number.

• (3) The registers shall be maintained in paper or electronic form or partly in one form and partly in the other form.

• (4) The registers shall be maintained in Irish or English or partly in one language and partly in the other language.

• (5) Where a register or any part of it is in paper form, the information shall be recorded on a folio or folios which shall be in three parts.

• (6) There shall be entered in the first part of a folio-

• (a) a description of the property the ownership of which is registered, with a reference to the plan on the registry maps of the land affected;

• (b) a description of any part of the property which is transferred to another folio;

• (c) such information as is authorised by the Acts or these Rules relative to;

• (i) easements and rights for the benefit of the property;

• (ii) the inclusion of mines and minerals in, or their exclusion from, the property;

• (iii) the boundaries of the property.

• (7) There shall be entered in the second part of a folio-

• (a) the name of the owner of the property and his/her address in the State for service of notices;

• (b) such information as is necessary relative to-

• (i) the classes of titles that are registered pursuant to Sections 33 or 40 of the Act;

• (ii) the devolution of the property;

• (iii) the matters referred to in Section 91 of the Act;

• (c) cautions and inhibitions restricting the registration of dispositions of the property;

• (d) a note under Section 61(6)(b) of the Act of the death of the registered owner and of the names of his/her personal representative(s).

• (8) There shall be entered in the third part of a folio-

• (a) the burdens the registration of which is authorised by Section 69 of the Act;

• (b) the ownership of a registered charge, where it is not registered in the register maintained under Section 8(b) of the Act and, where the Authority permits, sub-charges on a registered charge and their ownership;

• (c) notice of the exemption from or existence of the burdens specified in Section 72 of the Act;

• (d) cautions and inhibitions against registration of dealings with a registered burden, the ownership of which is not registered in the register maintained under Section 8(b) of the Act.

• (9) Where a register or any part of it is in electronic form it shall be capable of being reproduced in legible form in the same format as if it were in paper form.

• (10) The information in respect of any particular ownership shall not be accessible during such period as-

• (a) may be required to update that information,

• (b) may arise as a result of force majeure, including unusual and unforeseen circumstances beyond the control of the Authority.

• (11) All existing folios of the registers shall be revised in accordance with the foregoing provisions of this rule whenever the Authority considers such revision expedient.

Manner of registration

4.

Revision of folios of registers

5.

• (2) Any person inspecting a revised folio of a register may inspect the closed folio or folios for which it is substituted or the preceding folio or folios or the record of it maintained in the Registry.

Formal alterations of register and cancellation of determined entries

6.

Correction of errors

7.

• (2) Any other error in a register or registry map originating in the Registry may be corrected-

• (a) with the consent of the registered owner of the property (or his/her solicitor) which is affected by such error or correction and of such other persons as appear to the Authority to have an interest, or

• (b) after giving any notice, and obtaining any evidence or assent, as the Authority may deem proper. Notice shall be in Form 84.

Description of property

8.

• (2) Neither the description of property in a register nor its identification by reference to a registry map is conclusive as to its boundaries or extent and a note to this effect shall be entered on the register.

• (3) Where areas of property are recorded, such areas are not conclusive.

• (4) The description of property shall be revised by the Authority from time to time and made conformable with the description on the registry map as and when revised.

Indexes

9.

• (2) The index of names shall contain the name and address of every registered owner of freehold land, a leasehold interest or a right in the register maintained under Section 8(b) of the Act and a reference to the folio of the register in which his/her ownership is entered.

• (3) The index of lands shall contain the identification references or seedpoints on the registry map to every parcel of land of which the ownership is registered in the register of owners of freehold land, or on or out of which the ownership of a leasehold interest or an incorporeal hereditament is registered in the register of leasehold interests or in the register maintained under Section 8(b) of the Act, and a reference to the folio of the register in which the ownership is entered.

Closing of register in respect of charges

10.

PART 2 Applications for Registration

Applications for registration

11.

• (a) the necessary documents to support the registration sought;

• (b) the prescribed fee;

• (c) a statement signed by him/her setting out-

• (i) the ownership or other entries for the registration of which he/she applies;

• (ii) the documents sent;

• (iii) the amount of Land Registry fees payable;

• (iv) where the application is by a solicitor, the names of all the parties to the transaction for whom he/she acts as solicitor.

• (2) The statement shall be in Form 17.

(3)(a) The Authority may prepare, and cause to be promulgated, such forms and directions as it considers appropriate for the purpose of facilitating proceedings under the Acts.

• (b) Directions under sub-rule 3(a) may, for example, specify the characteristics (including shape, design, size, colour and quality) of the paper to be used for forms for any class of dealing or other matter, or the format of forms in electronic form, and the deviations from prescribed forms which are permitted or required to be made in connection with dealings or other matters of that class.

(4)(a) The Authority may require such evidence of the identity and permanent address of personal applicants for registration as it considers appropriate.

• (b) Where such applications for registration are made, it may serve notice on the registered owner if considered appropriate by the Authority.

• (c) The notice shall be in Form 18.

Applications not in order

12.

• (2) If the applicant fails to comply with the requisition within that period or such further period as the Authority may permit, the Authority may treat the application as abandoned and cancel it.

• (3) If the Authority considers the application to be substantially defective, it may reject it immediately or at any time thereafter.

Additional evidence and enquiries

13.

PART 3 First Registration, Conversion of Possessory and Qualified Titles, and other registrations Involving Examinations of the Title of persons to Unregistered Interests in Registered Property

Applications for first registration

14.

Documents to accompany application for registration of ownership of freehold property

15.

• (a) a concise statement of the title giving in chronological order a summary of the documents and the events and facts on which the applicants claim to the property is based, commencing with a root of title and which shall form part of Form 1;

• (b) all original deeds and all documents in the applicants possession, or under his/her control, relating to the title, including legal opinions, abstracts of title, contracts for and conditions of sale, searches, requisitions and replies, and other like documents, and the evidence by affidavit, statutory declaration, or otherwise, proving the facts stated and necessary to be proved to establish the title;

• (c) an application map, unless the application otherwise sufficiently identifies the property on the registry map;

• (d) a schedule in duplicate of all documents lodged with the application.

• (2) Where the applicant, as authorised by these Rules, relies on legal opinion in support of his/her title, the statement of title required by this rule need not be lodged.

• (3) The Authority shall not be on notice of any matter disclosed in any document lodged which bears a date prior to the date of the document identified as the root of title.

Documents to accompany application for registration of ownership of leasehold interests and of rights other than incorporeal hereditaments held in gross

16.

• (2) Except in cases to which sub-rule (1) or Rule 19(3) or 19(4) applies, an application for registration with good leasehold title (where applicable), qualified title or possessory title of the ownership of a leasehold interest, shall, unless the Authority otherwise directs, be accompanied by-

• (a) a concise statement of the title giving, in chronological order, a summary of the documents and the events and facts on which the applicants claim to the leasehold interest is based, commencing with a root of title and which shall form part of Form 2;

• (b) all original deeds and all documents in the applicants possession, or under his/her control, relating to the title, including legal opinions, abstracts of title, contracts for and conditions of sale, searches, requisitions and replies, other like documents, and the evidence by affidavit, statutory declaration, or otherwise, proving the facts stated and necessary to be proved to establish the title to be registered;

• (c) an application map, unless the application otherwise sufficiently identifies the property on the registry map;

• (d) a schedule in duplicate of all documents lodged with the application.

• (3) Where the applicant, as authorised by these Rules, relies on legal opinion in support of his/her title, the statement of title required by this rule need not be lodged.

• (4) An application for registration with absolute title of the ownership of a leasehold interest, shall, unless the Authority otherwise directs, be accompanied by such documents as are required by this rule in respect of the leasehold interest, together with such documents and proof of the freehold estate and any intermediate leasehold interest as are required in an application for registration with absolute title of such estate and interests.

• (5) An application for registration of the ownership of a right, other than an incorporeal hereditament held in gross, to which Rule 19(3), 19(4) or 22 does not apply, shall, unless the Authority otherwise directs, be accompanied by the following documents-

• (a) where the application is by or on behalf of the original grantee and registration with an absolute title is not required, the grant and an application map, unless the application otherwise sufficiently identifies the property on the registry map;

• (b) except in cases to which sub-paragraph (a) applies, the documents specified in sub-rule (2)(a), (b) and (d) and where registration with title absolute is required, such documents and proof of the freehold estate and any intermediate estate or interest as are required in an application for registration with absolute title of such estate and interests.

• (6) The Authority shall not be on notice of any matter disclosed in any document lodged which bears a date prior to the date of the document identified as the root of title.

Application for first registration based on possession

17.

Examination of title

18.

Modification of examination of title

19.

• (2) Where the market value of the property the subject of the application is shown to the satisfaction of the Authority not to exceed €1,000,000 at the date of the application, the title to be shown by the applicant may commence 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 €1,000,000, the Authority may, if it thinks fit, register a title as absolute or qualified 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, and an application map.

• (4) Where property is acquired by a statutory authority and the purchase money or compensation paid therefore does not exceed €1,000,000, the Authority may dispense with the official examination of the title and may register the statutory authority with absolute title or qualified title or good leasehold title on production of a certificate by the solicitor for such authority in Form 3 adapted as the case may require and an application map.

• (5) Where the title of an applicant has been examined-

• (a) by the conveyancing counsel of a court on a sale or purchase of the property under an order of the court; or

• (b) by a practising barrister or solicitor on a sale or mortgage of the property, the Authority may dispense with, or modify as it thinks fit, the official examination of title.

• (6) Where, in the course of the investigation of a title, the applicant so requests, or it appears desirable to the Authority that the title should be referred for legal opinion, the Authority may, with the consent and at the expense of the applicant, agree that the title be referred for legal opinion on any specific matter. The legal opinion may be furnished in Form 3, adapted as the case may require.

Application by the Minister for Agriculture, Food and the Marine for registration with possessory title

20.

• (2) A certificate by the solicitor for the applicant shall be endorsed on the application, certifying that the person, whose registration is applied for, is in possession of the property the subject of the application

Application by local authority under statutory powers for first registration of purchaser

21.

• (2) An application by a local authority for the first registration of a purchaser of property under Section 92 of the Housing Act, 1966 , shall be made by lodging in the Registry the Transfer Order prescribed by Section 90(5) of that Act (as substituted by Section 26 of the Housing (Miscellaneous Provisions) Act,1992).

• (3) An application for first registration under this Rule shall be accompanied by an application map.

Documents to be lodged on registration procured by the Minister for Agriculture, Food and the Marine

22.

Transfers to registers of recorded property

23.

• (2) The Authority may postpone the entry of any recorded property in a register under the Act until an application is about to be made for the registration under a disposition thereof.

• (3) On the entry of the ownership of recorded property in a register under the Act, the record under the Act of 1865 shall be closed and a reference made to the folio of the register to which the property has been transferred.

Registration of recorded property

24.

• (a) all charges, incumbrances, leases and other rights on the record that are burdens within the meaning of Section 69 of the Act shall be entered as burdens in the register in their priority as recorded;

• (b) notice of the existence of any of the burdens specified in Section 72 of the Act that are on record shall be entered in the register.

Entry of easement or profit à prendre as part of description of property registered

25.

• (2) Where a registered owner or an applicant for registration as owner desires to have a specific entry made in the register of any right appurtenant to the property acquired by grant in writing or under a court order, he/she, or his/her solicitor on his/her behalf, may make written application to the Authority for such an entry to be made. The Authority may then, on production of satisfactory evidence of title and subject to the service of such notices (if any) as it may direct, enter such right in the register as appurtenant to the property.

Property acquired under the Land Purchase Acts and on exchange

26.

• (2) Where the property has been acquired in exchange for property registered with a possessory title and the unregistered rights protected by such registration that apply to the property given in exchange are transferred under any provision of the Land Purchase Acts to the acquired property, the registration of the acquired property shall be made with a possessory title.

Notice of statutory restrictions

27.

Entries relative to mines and minerals

28.

• (2) Where on an application for the first registration of the ownership of property, or at any time after such registration, it is proved to the satisfaction of the Authority that the right to all or any of the mines or minerals is vested in the applicant, or in the registered owner, it may extend the registration to such mines and minerals by adding to the description of the property in the register a note to the effect that the mines and minerals, or specified mines and minerals, are included in the registration. They shall then form part of the property described in the register of which the ownership is registered.

Apartment, flat, floor, cellar, tunnel, mines and minerals, soil, subsoil, attic, airspace or foreshore

29.

• (b) Before the registration of such property is completed, notice may be given to the reputed owners or to the occupiers of the other property or properties above or below and (if in the same building) adjoining laterally the property to be registered, and to such other persons as the Authority may direct.

• (2) On application for registration of title to the lowest floor of a multi-storey building or of a part thereof, the Authority shall presume, unless it is shown to the contrary, that the title does not extend to the soil or subsoil thereunder.

• (3) On application for registration of title to the uppermost floor or structure of a multi-storey building or of a part thereof, the Authority shall presume, unless it is shown to the contrary, that the title does not extend to the attic or airspace thereover.

• (4) Where any land comprised in an application for registration of ownership includes foreshore, the fact should be stated in the application so that such notice (if any) as may be required by Section 125 of the Act may be served.

Form of caution against first registration and affidavit in support of it

30.

• (2) The affidavit of interest in support of the caution shall be in Form 8 and shall be made by the cautioner or his/her solicitor.

• (3) A cautioner may at any time, in writing, signed by himself/herself or his/her solicitor, withdraw his/her caution or consent to a registration.

Time for objection and form of notice on cautioner

31.

Conversion of Possessory and Qualified Titles

Application where ownership registered 30 years

32.

Application where ownership registered 12 years under transfer for value

33.

Application where property acquired on sale or by a statutory authority and value does not exceed €1,000,000

34.

• (2) The application shall be in Form 13, with such modifications as the case may require.

Other applications for conversion of possessory title

35.

• (2) Where the Authority so permits, the title to the tenancy-

• (a) may commence with a disposition made not less than 15 years prior to the date of the application; or

• (b) may be deduced for a period of not less than 30 years prior to the application, whether based on possession or otherwise.

• (3) The application shall be made by affidavit in Form 11 or 12, with such modifications as the case may require, according as the applicant does or does not rely on legal opinion.

Examination of title to interests protected by registration with a possessory title

36.

• (2) The Authority may dispense with or modify as it thinks fit the official examination of title. In particular it may do so-

• (a) where the title has been examined for the prescribed period by a practising barrister or solicitor on the occasion of a disposition for valuable consideration, and his/her opinion, with the evidence on which it was based, is lodged with the application; such opinion may be furnished in Form 3 adapted as the case may require, or

• (b) where, in the course of an investigation of title, there is a reference for legal opinion analogous to a reference under Rule 19(6); such opinion may be furnished in Form 3 adapted as the case may require, or

• (c) by accepting a title it considers to be a good holding title and taking such indemnity as it may deem necessary.

Conversion of registered title in cases under Section 50(2) of the Act

37.

• (2) In a case to which Section 50(2)(c) of the Act applies, it shall not be necessary for the applicant to lodge the documents specified in Section 50(2)(a).

• (3) An application to convert a possessory title into an absolute title, in a case to which Section 50(2)(a) of the Act does not apply, shall be in Form 15.

Notice, advertisement and enquiries before such conversions

38.

• (a) may serve such notices as it may consider necessary, including notices to owners of neighbouring property, who, it may have reason to think, may be entitled to enforce restrictive conditions affecting the property;

• (b) may, at the applicants expense (unless an order to the contrary is made by it) insert notice of the intended conversion in such publications (if any) as it may direct;

• (c) may make such enquiries on the property or elsewhere as it may consider necessary.

Application for conversion of qualified title

39.

Notice of intended conversion to be given

40.

• (a) give notice of the intended conversion to the registered owner, if he/she is not the applicant for, or a consenting party to, the proposed conversion;

• (b) where a burden is ascertained to have priority over a registered burden, give notice to the owner or reputed owner of the registered burden of the priority so ascertained and of the proposed registration of the burden;

• (c) at the applicants expense, give such notice of the intended conversion, or of proposed entries or cancellation of entries consequential on the examination of title, as it may think proper.

How burdens ascertained entered on conversion

41.

• (a) a burden ascertained to affect the property shall be entered in the register in the same manner as a burden created after first registration; but no ownership of the burden shall be registered until the title of the person claiming such ownership has been shown to the satisfaction of the Authority;

• (b) where the burden is ascertained to be in priority to a registered burden, a note of such priority shall be made in the register.

How register made conformable with titles ascertained

42.

Where deeds are deposited to create a lien

43.

• (2) A person lodging a document under this rule subject to a lien created by its deposit shall lodge therewith a claim for the lien in Form 81 signed by himself/herself or his/her solicitor.

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

• (4) No registration that may defeat or prejudice the lien shall be made until the lien, where admitted, is satisfied or provided for.

Other examinations of title outside register

44.

• (a) the lessor of a leasehold interest the ownership of which is registered with a good leasehold title, for the purpose of noting that the title is converted to an absolute title, or

• (b) the grantor of a registered incorporeal hereditament of freehold property, for the purpose of noting that the registered title is converted to an absolute title, or

• (c) the grantor of a fee-farm grant or grant in perpetuity made under the provisions of any enactment in conversion of a registered leasehold interest, for the purpose of having the property transferred from the register of ownership of leasehold interests to the register of ownership of freehold property, or

• (d) any person to a lease or sub-lease registered as a burden the ownership of which is not registered, for the purposes of having the burden cancelled or of having the ownership thereof registered, or

• (e) any person to a mortgage or charge registered as a burden the ownership of which is not registered, for the purpose of having it withdrawn from the register or of having its owner registered,

shall be in Form 1 or 2, with such modifications as the case may require, and the provisions of the foregoing rules shall where necessary apply, except that a map need not be lodged with the application.

Title acquired by possession to registered property

Title to registered property acquired by possession

45.

Acquisition of easements and profits by prescription

Acquisition of easements and profits by prescription

46.

• (2) The notice shall be in Form 69.

• (3) Where the dominant title of the applicant is not registered, the application must be accompanied by an application for first registration pursuant to Rules 14 to 19.

• (4) Where the title of the servient owner is not registered, satisfactory evidence of title must be produced to the Authority.

General provisions relative to first registration and applications requiring an examination of title of unregistered interests

Form of affidavit of discovery

47.