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

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 Dealings with Registered Property

General

Form of instruments

52.

• (2) Instruments for which no form is prescribed shall be in such form as the Authority shall direct or allow, the scheduled forms being followed as closely as circumstances will permit.

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.

• (2) An application map in paper form or in electronic form identifying the boundaries of two or more properties where each property is to be the subject of a separate registered title (a “scheme map”) may be approved by the Authority prior to lodgment of an application for registration.

• (3) Where appropriate, the provisions of Rule 29 shall apply to such map.

Presentation of dealing for registration

57.

• (2) Applications may be made by electronic means where the Authority is satisfied that appropriate arrangements are in place for dealing with such applications. Applications by electronic means shall be transmitted to such electronic address(es) as the Authority may designate for the receipt of such applications.

• (3) Applications for registration may be made in person or through the post at such office(s) as are designated by the Authority for the receipt of such applications.

Priority of dealings received for registration

58.

• (2) All applications received, including by electronic means, other than applications lodged by hand:

• (a) on any day before the opening of the Registry to the public on that day, shall be deemed to have been received at the same time immediately before the opening of the Registry to the public;

• (b) after the opening of the Registry to the public shall be deemed to have been received at the same time and immediately before the closing of the Registry to the public on that day;

• (c) after the closing of the Registry to the public on a particular day shall be deemed to have been received at the same time and immediately before the opening of the Registry to the public on the next working day.

• (3) Applications pursuant to paragraph (2) above deemed to have been received at the same time shall rank in equal priority to each other.

• (4) Two or more applications relating to the same property delivered at the same time by the same person shall rank for the purposes of priority in the order directed by the person delivering them or, in the absence of such direction, in such order as may be inferred from the applications.

Notice in register of pending registration

59.

Date of registration

60.

Amendment of instrument and priority of amended instrument

61.

• (2) The re-execution shall be by all persons whose interests appear to be affected, whether or not it was originally executed by them.

• (3) On re-delivery at the Registry, the instrument shall be entered for the purpose of the registration applied for as of the date and priority of the re-delivery.

Stamp certificate issued by Revenue Commissioners

62.

• (2) Where the written undertaking has not been complied with within the time fixed, the application for registration shall be treated as abandoned.

Registration of a tenant in common

63.

Registration of trustee owner

64.

Application by registered owner for amendment

65.

Application for registration of trustees

66.

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.

• (a) an official copy of the order of the court directing the sale of the property;

• (b) a certificate of the Examiner of the High Court or (if the sale has been directed by the Circuit Court) a certificate of the county registrar, certifying the result of his/her enquiries as to incumbrances;

• (c) an official copy of the final order approving of the sale and the payment out of court of the proceeds of sale.

• (d) where the sale is in pursuance of an order of the Circuit Court, a further certificate of the county registrar specifying the parties to the proceedings for sale and the persons served with notice of, and bound by, such proceedings.

• (2) On production in the Registry of the relevant documents referred to at sub-paragraphs (a), (b), (c) and (d), the Authority shall cancel such charges, judgment mortgages and other burdens in the register of the property comprised in the transfer that appear no longer to affect the property sold.

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.

• (2) Notice of the intended cancellation shall be sent to the person appearing from the register to be entitled to the judgment debt.

• (3) The provision of Rule 113 shall apply, mutatis mutandis, to such application and notice.

Registration under grant reserving rent

73.

Registration of companies

74.

• (2) A company incorporated outside the State that applies for registration shall produce evidence of its incorporation.

• (3) On a disposition by a company, the Authority shall not inquire whether the transfer is incidental to the objects of the company as set out in its memorandum of association.

• (4) On a disposition by a company where the seal appears to have been affixed in the presence of and attested by the secretary, deputy secretary or a member of the board of directors of the company, the Authority shall be entitled to assume that the deed was duly executed by the company.

• (5) On a disposition made by a foreign body corporate where a certificate is lodged from a lawyer from the country in question or who has sufficient knowledge of the laws of the country in question, that the deed was executed in accordance with the legal requirements governing execution of the instrument in question by such a body corporate in the jurisdiction where it is incorporated, the Authority shall be entitled to assume that the deed was duly executed by the body corporate.

Registration under transfer over-reaching estate or interest of registered owner

75.

• (a) where the disposition is made by a person in the exercise of a statutory power or a power registered as a burden, the appointment, deed poll or other instrument by which the power is exercised and, subject to Rule 81, such evidence as a purchaser could require if the property was unregistered, showing that the power is exercisable, and has been exercised, by the person in whom it is vested;

• (b) where the disposition is made by a person other than the registered owner in execution of a judgment, order, decree or process of court, the disposition executed by the person appointed by the court to execute it, accompanied by an official copy of the order of the court appointing him/her;

• (c) where the property is transferred by statute, an application in writing for registration in which the statute relied on is referred to, and, subject to Rule 82, the evidence relied on in proof that the conditions have arisen or that the events have happened that transfer the property by virtue of the statute.

• (2) Proof of any facts required by this rule may be given by affidavit or statutory declaration.

Notice of application for registration under transfer over-reaching estate or interest of registered owner

76.

• (2) In default of the concurrence of the personal representative of a deceased registered owner, or, in the case of a charge or burden, of a deceased registered owner, to an application for registration under the said Section 60 in cases other than those specified in paragraph (1) of this rule, notice of the application in Form 27 shall be given-

• (a) to the personal representative, or

• (b) where there is no personal representative, to the person or persons claiming to be entitled, whether under the will of the deceased, on his/her intestacy or under Section 111 of the Succession Act, 1965 .

• (3) The applicant for registration shall furnish to the Authority the particulars necessary for the service of the notices prescribed by this rule, insofar as the applicant is in a position to do so.

Cancellation of burdens on transfer over-reaching the estate or interest of registered owner

77.

• (a) where the transfer is made by statute or in exercise of a statutory power, the burdens and notices from which the property would be discharged by the statute or the exercise of the statutory power, if the property were unregistered;

• (b) where the transfer is made in exercise of a power registered as a burden, the burdens and notices that rank in priority after the power;

• (c) where the transfer is made by a vesting order of a court or by a person appointed by a court to transfer, the burdens and notices that the court directs to be discharged on the registration of the transferee.

• (2) The applicant for registration shall, when required, state in writing the burdens and notices in the register for the cancellation of which he/she applies.

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.

• (2) Burdens and entries discharged under Section 62(10) of the Act shall be cancelled and notice in Form 26 shall be served to the registered owner (if any) of the burden or entry cancelled.

Registration of trustees or assignees of bankrupt owner and re-registration of the owner

80.

• (2) A bankrupt whose trustee or assignee is registered as owner of his/her registered property may be re-registered as owner or, where he/she is a limited owner, the entry of the assignee or trustee as assignee of his/her limited estate or interest may be cancelled, on production in the Registry of the re-vesting deed.

• (3) An arranging debtor whose trustees are registered as owners of his/her registered property may be re-registered as owner or, where he/she is a limited owner, the entry of the trustees as assignees of his/her limited estate or interest may be cancelled, on production in the Registry of an official copy of the order of the court under Section 85 of the Bankruptcy Act, 1988 , endorsed as prescribed by this rule.

• (4) Every order, certificate, resolution or agreement or official copy, produced for the purposes of a registration referred to in this rule, shall have endorsed a certificate by the Official Assignee in Bankruptcy or the trustee identifying the bankrupt or arranging debtor named in the order or certificate with the registered owner named in a specified folio of the register whose property is sought to be transferred. Where the application is for the re-registration of the person who was the bankrupt or arranging debtor, it shall be accompanied, in the case of a bankruptcy by the re-vesting deed or, in the case of an arrangement by an official copy of the order of the court under Section 85 of the Bankruptcy Act, 1988 or, where applicable, the written consent of the trustee to the re-registration.

Registration of transferee of local authority under statute

81.

Registration of local authority under statute

82.

Registration of dispositions of recorded property

83.

• (2) Where a title of an applicant for registration is under an unrecorded disposition or transmission prior to the transfer of the recorded property to a register under the Act, a short statement of the applicants title shall be lodged with his/her application, which shall be accompanied by the documents referred to and the evidence of the facts necessary to be proved to establish his/her title; and the Authority, on examination of the title and after making such inquiries and searches and giving such notices as it shall deem necessary or expedient, may make such registration in the register as shall give effect to the title proved.

Registration of new trustee of friendly society

84.

• (2) The copy of the resolution appointing such new trustee shall be filed in the Registry for reference.

Transmission on death

Application for registration where registered owner died prior to 1st June, 1959

85.

• (2) Where the application relates to property that vested in the personal representative(s) it shall be accompanied by an affidavit by the personal representative(s) in Form 34 and shall be accompanied by the probate or letters of administration or an official copy.

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.

• (2) An application by a person who claims to be by law entitled to the property of a deceased registered full owner who died testate shall be in Form 36 or 37.

• (3) An application for registration as owner by the personal representative(s) claiming to be entitled to property on the death testate of a registered full owner shall be in Form 38 or 39.

• (4) The application shall be accompanied by the probate or letters of administration with will annexed or an official copy.

Transfer by personal representative(s) on death testate to person entitled

87.

• (2) The application for registration under such transfer shall be accompanied by the probate or letters of administration with will annexed or an official copy.

Application for registration by a person, other than the personal representative(s) entitled on intestacy

88.

• (a) by presenting an application in Form 42 accompanied by an assent of the personal representative(s) of such owner in Form 41, or

• (b) by presenting a transfer of the property to him/her from the personal representative(s). The transfer shall be in Form 43.

• (2) The application shall be accompanied by the letters of administration or an official copy.

Application for registration by personal representative entitled on intestacy

89.

• (2) The application shall be accompanied by the letters of administration or an official copy.

Application for registration on death of person entitled 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.

• (2) Save in cases where Form 45 is appropriate, the applicant shall not be registered except with the concurrence of the trustees (if any) of the trust or settlement or after notice to them.

• (3) The application may also be made by the trustees of the trust or settlement in Form 45 or 46, as the case may require, with the necessary modifications and with the assent of the owner to be registered to the registration of any burdens affecting his/her estate or interest.

• (4) The trustees admission of the discharge or cessor of any burdens created by the trust or settlement shall be sufficient evidence of such discharge or cessor.

Application for registration by survivor or survivors of joint tenants

94.

• (2) The death may be proved by the production of probate or letters of administration or an official copy or a certificate of death, with evidence of the identity of the deceased named therein with the owner stated to be dead, or such other proof as the Authority may deem sufficient.

• (3) The application shall be in Form 47.

Court orders and 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.

• (a) concurrence in the registration of a burden on transferred property created by or arising on the transfer shall be given by the transferee or the person claiming under the transferee who applies for registration as owner under the transfer;

• (b) concurrence in the registration of a burden created by the will of a deceased owner shall be given by the devisee of the property affected by the burden or the person claiming under the devisee who applies for registration as owner or, in the case of partial intestacy, by the person on whom the interest in the property devolves or the person claiming under him/her who applies for registration as owner;

• (c) concurrence in the registration of a charge by the personal representative of an owner of land for moneys that he/she is liable to pay shall be given by the person who applies for registration as owner under an assent or transfer from the personal representative;

• (d) concurrence in the registration of the following burdens shall be given by the Authority;

• (i) a burden created under a statute or statutory power or under a power registered as a burden or under a trust for securing money registered as a burden;

• (ii) a burden created by trustees in exercise of a power under a settlement under which a limited owner is registered,

• (iii) any burden specified in Section 69(1)(h) or (i) of the Act,

• (iv) a lien registered as a burden pursuant to Section 73 of the Act of 2006,

• (v) An easement or profit registered as a burden pursuant to Section 49A of the Act.

• (2) The concurrence of a registered owner or of a person (other than the Authority) authorised by this rule to concur in the registration of a burden may be given by his/her personal representative in all cases.

• (3) A registered owner or person (other than the Authority) authorised by this rule to concur in the registration of a burden may give his/her concurrence personally or by his/her solicitor.

How assent to registration of burden is to be given

97.

• (2) The assent may be given in the instrument creating the burden. Otherwise, it shall be in Form 48 or included in Form 17.

• (3) The entry in the register of a burden in the registration of which the Authority is authorised to concur shall be the evidence of its concurrence in the registration.

How burden may be entered

98.

Note in register where statutory priority for burden claimed

99.

• (2) On registration of the burden, the Authority, if satisfied that the burden has the priority claimed, shall make an entry in the register to the effect that, as between the burden and prior burdens it ranks in the priority conferred by the statute specified.

Instrument creating two or more burdens and priority thereof

100.

Evidence on which a burden may be cancelled or modified

101.

• (a) Where the ownership of the burden is registered, the concurrence of its registered owner or his/her personal representative shall be required. No modification that would prejudice the rights of the owner of the property that the burden affects or of the owner of any other registered burden shall be made without the concurrence of that owner.

• (b) Where the ownership of the burden is not registered or where the registered owner of the burden does not concur in the proposed cancellation or modification, the right of the applicant to the cancellation or modification applied for shall be proved to the satisfaction of the Authority; and the cancellation or modification shall be made only after such inquiries and notices as the Authority may direct.

• (c) Where the burden is a covenant or condition relating to the use or enjoyment of property, the concurrence of all persons appearing to the Authority to be interested in the enforcement thereof shall be required.

• (2) The application may be in Form 57A or 57B, as the case may be, adapted to suit the facts of the particular case.

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

Forms of charge, transfer of charge and release

105.

Registration of charge created by a company

106.

Crystallised charge as burden

107.

• (2) An application for registration of a crystallised charge shall be made by lodging in the Registry the debenture and appointment of receiver with a duplicate or attested copy of each. The application shall be in Form 54 and the entry in the Register shall be in Form 55.

• (3) On the registration of a crystallised charge as a burden on the land of a company, the receiver appointed under the debenture may exercise the powers conferred on him/her by the debenture in relation to such land.

• (4) The crystallised charge shall not be deemed to be an instrument of charge under Section 62(2) of the said Act.

• (5) On registration of the said crystallised charge as a burden, the original of the said debenture and of the said appointment of receiver shall be returned to the person lodging same.

Sub-charges

108.

• (2) A sub-charge may be created, registered, transferred, disposed of and released in the same manner as a charge.

• (3) On the registration of a sub-charge or of any dealing therewith, the Authority may, where it deems it expedient or conducive to clarity, transfer the title to the charge affected by the sub-charge to the register maintained under Section 8(b) of the Act.

Dealing with mortgage created prior to first registration where registered

109.

• (2) The same forms may be used and the same procedure may be adopted on transfers and other dispositions of a charge of which an owner is so registered as are applicable to registered charges.

Judgment mortgages

Registration of judgment mortgage

110.

• (2) The entry in the register shall be in Form 61, with such variation as the Authority may, in special circumstances, direct.

Evidence on registration of judgment mortgage

111.

Notice of registration of judgment mortgage

112.

• (2) The notice shall be in Form 62.

Application to cancel entry of judgment mortgage on grounds of invalidity

113.

• (2) The application shall be in writing and shall state the grounds on which the applicant claims that the entry should be cancelled, as, for instance, that a specified provision of the Judgment Mortgage (Ireland) Acts, 1850 and 1858, has not been complied with or that the judgment debtor had no estate or interest in the property or no estate or interest capable of being affected by registration of the affidavit, or judgment mortgage and shall state the facts on which he/she relies in support of his/her claim.

• (3) Where the Authority is satisfied on the facts stated that a prima facie case for cancellation of the entry has been made, notice of the application and of the cancellation proposed to be made shall be given to the judgment creditor and, in default of objection by him/her within the time specified by the notice, the entry shall be cancelled.

• (4) Every objection to a proposed cancellation shall be in writing and shall be signed by the judgment creditor or his/her solicitor. It shall state the grounds of the objection and the facts relied on in support.

• (5) Where, in the opinion of the Authority, the application and objection do not raise a question of law or fact relative to the validity of the registration made which should be referred to the court, it may cancel or refuse to cancel the entry of notice of the deposit or the judgment mortgage; but, if a question of law or fact is disclosed on which, in its opinion the validity of the affidavit or application as a judgment mortgage depends, it may refer the question to the court for decision.

Cancellation of entry of judgment mortgage validly registered

114.

Other burdens

Lease

115.

• (2) Pursuant to Section 70 of the Act, it is hereby prescribed that, on the registration of the lease as a burden where the unexpired residue of the term granted by the lease is more than twenty-one years, the ownership of the lease shall be entered in the appropriate register maintained under Section 8 of the Act.

Power to charge and trust to secure money

116.

• (2) A person securing money under such a trust or power shall do so by creating a registered charge in the manner prescribed by Section 76 of the Act and not otherwise.

Lien for unpaid purchase money

117.

• (2) A lien may be discharged in the register on the consent of the vendor or his/her personal representative or the solicitor for either of them.

Judgment or order of court

118.

Lis Pendens

119.

• (2) The entry of a lis pendens in the register shall be in Form 65, with such variation thereof as the Authority may, in special circumstances, direct.

• (3) An application for the cancellation of a lis pendens shall be made by lodging in the Registry a certificate in Form 33 as provided by Rule 5 of Order 72A of the Rules of the Superior Courts (the Act of 2009) 2010 by the proper officer of the Central Office of the High Court that the lis pendens has been cancelled on the register of lis pendens maintained in the Central Office of the High Court, or alternatively, where the lis pendens was registered before the 1st December 2009, by lodging an order of the court directing its cancellation on the register, or by lodging a transfer of the property made in pursuance of an order for sale by the court in which the lis pendens may be, or by lodging the consent of the person on whose application it was registered as a burden.

Recognisances, bonds and judgments

120.

• (2) The entry in the register of a recognisance shall be in Form 66. The entry in the register of the other matters referred to in the said Section 117(2)(a) of the Act shall be in a like form, with such variation as the case may require and the Authority allows.

• (3) An application for the discharge of a recognisance or a State bond shall be made by lodging in the Registry a certificate of vacate.

• (4) An application for the discharge of a judgment shall be made by lodging in the Registry a certificate of the satisfaction of the judgment.

Easement or profit à prendre

121.

• (2) The application shall also be accompanied by an application map showing the property to which the right granted (except it is a profit à prendre in gross) is appurtenant, unless it can be identified on the registry map by reference to the folio of the register in which its ownership is registered.

• (3) The map, if not endorsed on and referred to in the instrument creating the right, shall be signed by the registered owner of the property on which the right is to be registered as a burden and by the grantee of the right or his/her solicitor.

• (4) Where appropriate, the provisions of Rule 29 shall apply to such map.

Cautions and inhibitions against registration of dispositions

Form of caution, affidavit or certificate in support and notice

122.

• (2) A caution may be limited to specified dealings by the registered owner.

• (3) The affidavit in support of the caution shall be in Form 71 and shall state the facts that show the unregistered right in, to or over the registered property in respect of which the caution is lodged. The certificate under Section 97(6) of the Act may be in Form 65 (suitably adapted) signed by the solicitor to the statutory authority.

• (4) Notice of the entry of a caution shall be sent by the Authority to the registered owner of the property to which it relates. The notice shall be in Form 72.

Warning notice to cautioner

123.

• (a) an application in writing for the discharge of a caution is made by the registered owner of the property affected; or

• (b) a dealing of which the cautioner requires notice is presented for registration without the consent of the cautioner;

notice shall be sent to the cautioner warning him/her that his/her caution will lapse after the time stated in the notice.

• (2) The time to be specified in a warning notice shall be 21 days or such other period as the Authority may, in the special circumstances of a case, direct.

• (3) The notice shall be in Form 73 or 74.

Application by registered owner for discharge of caution

124.

Procedure on appearance by cautioner to a warning notice

125.

• (2) The applicant shall state the grounds on which registration of the dealing should be stayed or the caution should be continued, as, for instance, that the dealing, if registered, would defeat or postpone the prior unregistered right of the cautioner which he/she was proceeding to enforce, or, where the warning notice is sent on an application by the registered owner, that proceedings are pending, or are about to be taken, to enforce the right protected by the caution.

• (3) Where it deems it necessary or expedient, the Authority may appoint a day and time for the parties to attend before it for the determination of the terms and conditions on which registration of a dealing shall be stayed or the caution continued or cancelled.

• (4) The Authority may make such ruling on the application as it may think just, as for instance, that registration under the dealing be stayed for a specified period or that registration under the dealing be made and the caution continued or, where the warning notice was sent on an application by the registered owner, that the caution be continued either indefinitely or for a specified period or that its entry be cancelled.

Withdrawal of caution or consent of cautioner to dealing

126.

• (2) A cautioner or his/her personal representative may, in writing, signed by himself/herself or his/her solicitor, consent to registration under a specified dealing. The consent may be absolute or conditional on the caution being continued or on a specified inhibition being entered in the register.

Lapse of caution

127.

Form of inhibition

128.

• (2) The Authority may refuse to enter in a register an inhibition that does not state clearly and explicitly the restriction to be imposed.

Entry of inhibition on consent

129.

• (2) An inhibition for the protection of an unregistered right or interest affecting an estate or interest created by a settlement under which a limited owner is registered may be entered in the register with the consent of the owner of such estate or interest or of the trustees of the settlement. The consent shall be in writing and shall be lodged in the Registry together with a statement of the facts showing the nature of the unregistered right or interest in the property that is enforceable against the owner of such estate or interest.

• (3) An inhibition for the protection of the registered owner may be entered in the register, with the consent in writing of the registered owner, where in the opinion of the Authority it is necessary.

Application for inhibition where there is no consent

130.

• (2) Where the inhibition applied for is a restriction on the registration of dispositions by a registered owner, the application shall state the facts showing that the applicant has an unregistered right or interest in the property that is enforceable against the registered owner.

• (3) Where the inhibition applied for contains a restriction on the registration of dispositions by-

• (a) the personal representative of a registered owner of property;

• (b) the heir, devisee or other person entitled on the death of a full owner;

• (c) the owner of an estate or interest in property the subject of a settlement under which a limited owner is registered; or

• (d) any person claiming a right in or to a registered burden the ownership of which is not registered;

the application shall state the facts showing that the applicant has an unregistered right or interest in the property that is enforceable against such person.

• (4) The application shall be accompanied by the instrument (if any) creating the unregistered right or interest, or such evidence of it as the Authority may deem sufficient, or, where the right or interest does not arise under an instrument, an affidavit or other evidence in proof of the facts that gave rise to it.

• (5) An instrument creating an unregistered right or interest may, if the applicant so applies, be filed in the Registry for safe custody.

Procedure on application for inhibition

131.

• (2) Where the Authority is satisfied on the facts disclosed in an application or in any document produced in support of it that the applicant is prima facie entitled to the right or interest claimed, it shall send notice of the application and of the proposed inhibition-

• (a) to the registered owner of the property, if the right or interest is enforceable against him/her;

• (b) to the person or persons appearing to be entitled to dispose of the estate or interest in the property against which the right exists, where the registered owner is known to be dead or is a minor or mentally incapacitated or where his/her whereabouts are unknown or the estate or interest affected by the right is in a settlement under which a limited owner is registered.

• (3) The Authority may also give notice to any person appearing from the register to be affected by the right or interest.

• (4) The notice shall be in Form 78.

Procedure on objection to inhibition

132.

• (2) The Authority may, if it thinks fit, appoint a day and time for the parties to attend before it for the determination of any question relative to the terms or duration of the inhibition to be entered.

• (3) The Authority may make any modification of the proposed inhibition that it thinks expedient, having regard to any additional facts disclosed by the parties, and may enter the inhibition so modified in the register.

Modification or discharge of registered inhibition

133.

• (2) Where the application is not made with the consent of all persons appearing from the register and the instrument on foot of which the entry was made to be entitled to the benefit of the inhibition or their solicitors, it shall be accompanied by evidence of the facts on which it is claimed that the entry should be modified or by evidence that the right protected by the entry has been released or satisfied or has otherwise ceased to exist.

• (3) Notice of the application, if not made with their consent, shall be given to the persons appearing from the register or the instrument on foot of which the inhibition was entered to be entitled to the benefit of the inhibition, who may object within the time stated in the notice. Every objection shall be in writing and shall state the grounds thereof.

• (4) The Authority may make such ruling on the application as it may think just. In particular, it may direct the discharge of the inhibition or may continue it indefinitely or for a specified period or with such modifications as it may direct.

Application in anticipation of dealing inhibited without Authority’s order or approval

134.

• (2) The direction of the Authority may specify a time within which registration under the dealing authorised is to be made.

Procedure on lodgment of dealing inhibited without notice to specified persons

135.

• (2) The person specified in the inhibition or his/her personal representative or other person entitled to the benefit of the inhibition may appear to the warning notice and apply for a stay on the registration and the procedure prescribed on a similar application by a cautioner shall be applicable. The Authority shall have the same powers as on a like application by a cautioner.

Inhibition under order of court

136.

Other entries

Entry of notice of certain burdens that affect without registration

137.

• (2) If the burden does not affect all the property described in a folio of the register, the consent or order authorising the entry of notice of it shall be accompanied by an application map showing the part of the property subject to the burden, unless it can be otherwise sufficiently identified on the registry map.

• (3) The note required by Section 59 of the Act shall be an entry to the effect that the property is subject to the provisions of the enactment restricting the alienation, assignment, sub-division or sub-letting, as the case may be.

Entry of notice of exemption from certain burdens 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.

• (a) a plan drawn on an application map showing the land adjoining the boundary to be defined and indicating the site of the boundary by a line in colour;

• (b) a consent in writing by the owners referring to the plan and stating in the manner prescribed by Rule 139 the physical boundary along the line indicated on the plan and the part of it that they agree is the boundary.

• (2) Where an owner who is a consenting party is the owner of unregistered land, proof shall also be given that he/she is the owner within the meaning of Section 89 of the Act who is authorised by that section to consent.

Settlement of boundary on transfer

142.

Removal of description of infancy

143.

Entry in register on conversion of a registered renewable lease

144.