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

Type Statutory Instrument

Publication 2012-12-07

Last updated 2021-12-31

State In force superseded text

Text As published

Source Irish Statute Book

articles 193

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

2 amending acts · 2021-12-31, S.I. No. 726/2021 - Land Registration Rules 2021

Reform history JSON API

144.

On production in the Registry of a grant in perpetuity of unregistered property made under the provisions of any enactment other than the Landlord and Tenant (Ground Rents) Act, 1967 , to the registered owner of a leasehold interest in conversion of the lease into a fee-farm grant or grant in perpetuity, a note shall be made in the register to the effect that the registered owner claims the fee-simple under the grant; and short particulars of the grant shall be given. Notice of the registration of the ownership of the leasehold interest and of the provisions of Section 48 of the Act shall be endorsed on the grant, which shall be re-delivered to the person who produced it.

Limited Ownership

145.

Where property is registered in the name of a limited owner or an infant or minor, an entry in Form 85 may be entered on the folio by the Authority.

PART 5 Miscellaneous

Registry maps

Form of Registry maps

146.

(1) Registry maps shall be maintained in paper form or in electronic form, or partly in one form and partly in the other form, for the plans of property described in the registers.

(2) Where the registry maps are in paper form they shall include-

(a) general and/or index maps showing the position and extent of every registered property;

(b) any map adopted under the provisions of Section 84(2) of the Act (as substituted by Section 61 of the Act of 2006).

(3) Where the registry maps are held in electronic form they may be displayed or reproduced in such manner as the Authority may determine.

(4) The maps maintained shall be on such map projection, with necessary or obvious adjustments to conform to Ordnance Survey Ireland detail or with such consents or after such enquiries or notices, as the Authority directs. Where this is not feasible, maps may be maintained for such areas and on such scales as the Authority allows.

Contents of Registry maps

147.

(1) There shall be shown on the appropriate registry maps-

(a) a plan or plans of the property described in each folio of the register of ownership of freehold land;

(b) a plan or plans of the property subject to the ownership of leasehold interests described in each folio of the register of leasehold interests;

(c) a plan or plans of the property the subject of every incorporeal hereditament of freehold tenure or lease thereof described in each folio of the register maintained under Section 8(b) of the Act;

(d) such plan or plans as may from time to time be necessary or expedient for the identification of property subject to a burden, notice, caution or inhibition entered in a folio of a register.

(2) Every plan shall be defined on the registry map by an edging in colour or otherwise as the Authority may deem convenient in a particular case and shall have a number or symbol; and the property described in each folio shall be identified by a reference to its plan or plans on the registry map.

Minors and persons of unsound mind

Persons who may represent minors

148.

(1) A minor may be represented for all or any of the purposes of the Act by his/her guardian (if any) appointed by a court of competent jurisdiction or, if there is no guardian so appointed by his/her parents or by a person who is his/her guardian under the provisions of the Guardianship of Infants Act, 1964 , or by trustees under the provisions of Section 57 of the Succession Act, 1965 .

(2) Where it appears to the Authority in the course of any proceeding under the Act that the person representing a minor has an interest adverse to, or conflicting with, the interest of the minor or that it is in the interest of the minor that some other person should be appointed to represent him/her, it may refuse to proceed until another person is appointed to represent the minor in the proceedings.

Appointment of person to represent a minor

149.

(1) Where there is no person authorised by the foregoing rule to represent a minor or where someone other than such person ought to be appointed, the Authority may appoint a person to represent the minor for all or any of the purposes of the Act.

(2) The application to the Authority for that purpose shall be made in writing and shall be accompanied by the consent to act of the person whom it is proposed to appoint and an affidavit of his/her fitness.

Appointment of person to represent person of unsound mind

150.

Where in the course of any proceeding in the Registry, except an application by the Minister for Agriculture, Food and the Marine under Section 26(1) of the Act for the registration of a purchaser under the Land Purchase Acts, it appears that any person interested is a person of unsound mind not so found by inquisition (not being a person in respect of whom a committee or guardian has been appointed under the Lunacy Regulation (Ireland) Act, 1871, or a person of weak mind temporarily incapable of managing his/her affairs for whom a guardian has been appointed under the said Act of 1871), no registration in the proceeding that might prejudice his/her right shall be made until he/she is represented by a guardian appointed by the court to represent him/her, or his/her interest has been otherwise protected to the satisfaction of the Authority.

Deeds and documents

Lodgment of documents subject to lien

151.

(1) Where a person who claims a lien by way of equitable mortgage on a document in his/her possession is required by an applicant for first registration of ownership to produce the document at the Registry, or is required by the Authority to show cause why the document should not be produced, he/she may lodge it in the Registry subject to the lien.

(2) A person lodging a document under this rule subject to a lien created by its deposit shall lodge 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, or where the lien is not admitted, until its existence or validity is determined and, where established, is satisfied or provided for.

Documents that are to be retained in Registry and that may be delivered

152.

(1) Any of the following documents relating to registered property may be returned to the person who would be entitled to their custody if the property were unregistered, upon delivery at the Registry of an attested copy or on payment of the fee chargeable for a certified copy-

(a) an instrument dealing with registered and unregistered property;

(b) a subsisting settlement, an instrument containing subsisting trusts, an instrument appointing trustees of a subsisting settlement or of an instrument containing subsisting trusts;

(d) an original deed of charge to secure future advances.

(2) The attested or certified copy shall be filed for reference in substitution for the instrument so delivered and, on future dealings, may be accepted as sufficient evidence of the document and its contents.

(3) Except as in these Rules otherwise provided, all other instruments under which an entry in a register is made shall be retained in the Registry. They shall be filed in the registry and shall not be taken from the said office except on the written authorisation of the Authority and on such terms as it shall specify or on an order of the court.

(4) The Authority, subject to compliance with the National Archives Act, 1986 , may also direct the destruction of closed folios or any documents filed in the Registry when they have been superseded by entries in the register or have ceased to be of any effect, or it may, if such documents appear to it to be of historical interest, transmit them to the National Archives for filing.

(5) The Authority may on the completion of a registration direct the release of filed documents to the registered owner, a nominee of the registered owner, or the solicitor for the registered owner.

Delivery of documents relating to unregistered property

153.

Documents in the Registry relating to unregistered property only may, in default of application by and after notice to the person who lodged them or his/her personal representatives, be delivered to the person appearing to the Authority to be entitled to their custody on his/her application.

Endorsement of documents delivered

154.

No original deed under which property or a disposition of property has been registered shall be delivered from the Registry until an endorsement has been made on it showing clearly, in such manner as the Authority may direct, the property subject to the provisions of the Act and the interest in the property affected by the registration.

Delivery of documents to solicitor for production in court or for taxation purposes

155.

The Authority may deliver to the solicitor for the registered owner of property an instrument dealing with the property, except an instrument of charge or disposition of it, on the solicitor certifying in writing that its production is required in a court on the hearing of some cause or matter or before a Taxing Master of the High Court or a County Registrar for the purposes of a taxation and on his/her personally undertaking in writing to return it to the Registry within a time to be fixed by the Authority.

Transmission of documents to court

156.

The Authority may transmit a document filed in the Registry to a County Registrar for production in court on the hearing of a cause or matter relating to the property the subject of the document-

(a) where the registered owner of the property the subject of the document or his/her personal representative or successor in title is a party in the cause or matter; or

(b) where the applicant for transmission is entitled to its inspection under these rules and is a party to the cause or matter; or

(d) where the proceedings in the court are proceedings under the Act relating to the property the subject of the document.

Application for transmission of document to a County Registrar

157.

(1) An application for transmission of a document to a County Registrar shall be in Form 82 and shall be lodged in duplicate. Where the application is made by a person other than the registered owner of the property the subject of the document, notice of it and of the transmission of the document shall be given to the owner.

(2) The document shall be returned to the Registry on the termination of the court sittings in which the cause or matter for which it was requisitioned is entered for hearing. Where the hearing is adjourned, a further application for its transmission to the county registrar for the adjourned hearing shall be made.

County Registrar custodian of document transmitted

158.

(1) The County Registrar shall hold any document transmitted to him/her under the foregoing rule solely for its production on the hearing of the cause or matter for which it is requisitioned and, except the court otherwise directs, shall not permit its inspection by any person other than those authorised by Rule 159, until it is admitted in evidence by the court.

(2) Where the document has been transmitted on the application of any person other than the registered owner of the property the subject of the document, its production shall be subject to the ruling of the court on any objection by the registered owner to its inspection or admission in evidence.

Inspection of filed documents and obtaining copies thereof

159.

(1) The registered owner of property and any person authorised by such owner, or by an order of the court or by these Rules, but no other person, may inspect a document filed in the Registry on a dealing or transaction with the property of the owner.

(2) Any person who would be entitled to inspection of a document relating to property, if its ownership was not registered under the Act, and the document was in the possession of the person by law entitled to the custody thereof, shall be entitled to inspect the document, if filed in the Registry.

(3) An affidavit of judgment deposited in the Registry pursuant to the Judgment Mortgage Ireland Act, 1850, as amended by the Act, or an application for registration of a judgment mortgage under Rule 110 may be inspected by any person so long as notice of its deposit or the entry of the judgment mortgage is uncancelled in a register.

(4) A memorandum of a lis pendens, bond, recognisance or inquisition filed in the Registry may be inspected by any person so long as the entry relative to it remains uncancelled in a register.

(5) An application, assent, affidavit, or transfer, made by a personal representative of a deceased owner of property that vested in the personal representative may be inspected by a devisee or other person, except a creditor, having an interest in the property under the owners will, or, where the owner died intestate, by a person in whom a beneficial interest in the property devolved on the intestacy, or by a person who satisfies the Authority that he/she is the successor in title of one of such persons.

(6) An instrument filed in the Registry under Rule 130(5) may be inspected by the person by whom it was lodged or by any person who satisfies the Authority that he/she is entitled to the benefit of a right created by the instrument.

(7) An instrument filed in the Registry under Rule 46 may be inspected by any person who satisfies the Authority that he/she is the owner or person(s) entitled to be the owner of an unregistered servient tenement property, over which a right was registered as appurtenant to a dominant tenement property under Section 49A of the Act, on the production of such proofs as may be directed by the Authority.

(8) Any person entitled to inspect a document filed in the Registry may obtain a copy of it.

(9) The Authority may, in special circumstances and on such terms as it shall think fit, permit a person to inspect or obtain a copy of, a document filed in the Registry.

(10) An application to inspect or obtain a copy under this rule shall be made in Form 96.

(11) Before allowing inspection of a document by a person claiming inspection under Rule 159, the Authority may make such inquiries and give such notices as it may think fit. Notice under this rule shall be in Form 97.

Searches in the registers and registry maps

Official search

160.

(1) Any person may apply to the Authority to make an official search and to certify-

(a) whether a named person is entered on the names index of a county, and if so, the folio reference of the register in which the name of such person appears;

(b) whether the ownership of a parcel of land, to be identified on such map as the Authority may allow is entered in the register of ownership of freehold land or whether the ownership of any leasehold interest or right in or to or over the parcel is entered in the register of ownership of leasehold interests or in the register maintained under Section 8(b) of the Act; or

(c) as to the entries made in a register or registry map since first registration of the property or during any specified subsequent period.

(2) The requisition for the search shall be in Form 88, 89 or 90 or in such manner as may be directed by the Authority, as the case may be.

(3) The certificate of the result of the search shall be in Form 91 or 92 or in such manner as may be directed by the Authority, as the case may be.

Priority entry

161.

(1) A person who has entered into a contract to purchase, take a lease of, or lend money on the security of a charge on, registered property may apply to the Authority to make an entry in the register pursuant to Section 108 of the Act.

(2) An application under this rule shall be in Form 93.

(3) An application for the registration of a priority entry may be made to the Authority by electronic means where the Authority is satisfied that appropriate arrangements are in place.

(4) The service of notice of such application shall be in Form 94 or such manner as may be directed by the Authority.

(5) The entry shall be in Form 95.

(6) The applicant may apply to cancel the priority entry before the expiry date has elapsed. This application may be in such manner as directed by the Authority.

Effect of priority entry

162.

(1) Where an intending purchaser, lessee or chargee has registered a priority entry an application by him/her for registration of the instrument to complete the purchase, lease or charge shall enjoy the priority specified in Section 108(2) of the Act, provided that the application is in order under these Rules and is delivered at the Registry within a period of 44 days after the date of the priority entry.

(2) An application for registration made by any other person after the date of the entry and before the application for registration is made by the intending purchaser, lessee or chargee in accordance with paragraph (1) of this rule shall, for the purpose of priority of registration, rank after the application of the intending purchaser, lessee or chargee.

Priority where two or more priority entries are made

163.

Where two or more priority entries pursuant to Section 108 are made, such entries shall, so far as relates to the priority thereby conferred, take effect in the order in which the applications were received in the Registry or were, pursuant to Rule 58, deemed to be delivered.

Solicitor or other person not liable for error in official search

164.

A solicitor or other person who obtains a certificate of the result of an official search shall not be answerable for loss that may arise from any error therein.

Searches by public

165.

(1) Any person, on payment of the prescribed fee, may search in the registry maps, the index of names, the index of lands, and the folios of the registers during the hours the Registry is open to the public.

(2) Where the Authority is satisfied that appropriate arrangements are in place for searching by electronic means, such searching may be conducted during such hours as may be directed by the Authority.

(3) Copies of folios or maps or extracts from folios or maps may be obtained on payment of the prescribed fee. Where the register or any part thereof is in electronic form, a reproduction in paper form may be issued as a copy.

Proceedings in the Registry

Proceedings not to abate

166.

Where, in the case of any application for registration, a death, transmission or change of interest occurs before registration is effected, the proceedings shall not abate, but may be continued by any person entitled to apply for registration.

Evidence in proceedings

167.

Evidence in any proceeding in the Registry may be given by affidavit or, except where the Act prescribes an affidavit, by statutory declaration, and the Authority may, if it thinks fit, take oral evidence before it on oath and may administer the oath.

Affidavits and statutory declarations in proceedings

168.

(1) An affidavit or statutory declaration for the purpose of any proceeding in the Registry may be sworn or taken before the Authority, any member of the staff of the Authority duly authorised by it and by the Minister, any person authorised by law to administer oaths or, in the case of a statutory declaration, any person authorised by law to take and receive statutory declarations.

(2) An affidavit for use in proceedings in the Registry shall be entitled as in Form 1 or 10, as the case may require, and shall comply generally with the provisions relative to form, jurat, interlineations, alterations and erasures in the Rules of the Superior Courts concerning affidavits for use in the High Court.

Form of notices issued

169.

(1) Every notice issued from or sent by the Registry (except notices of the receipt of instruments, applications, completion of registration or formal notices of a like description) shall fix a time within which any act or step required to be done or taken by the notice is to be done or taken and shall state what shall be the consequence of any omission to comply therewith.

(2) The notice shall also state in what manner and within what time an answer, objection or other communication, if any, arising out of the notice is to be made and the address at or to which it is to be delivered or sent.

(3) Notwithstanding the provisions of Section 106(1) of the Act, any person may, if he/she desires, have three addresses including (if he/she thinks fit) the address of his/her solicitor or firm of solicitors to each of which all notices and other communications are to be served.

Service of notices

170.

Every notice required by the Act or these Rules to be given to any person may be sent through the post in a prepaid letter or by means of an electronic communication to an electronic address unless the Authority directs that it be sent by registered letter or that personal service be made.

Every notice served

171.

Every notice served shall be deemed to have been received-

(a) when, if sent through the post shall, in the absence of evidence to the contrary, be deemed to have been received by the person to whom it is addressed within three days, exclusive of the day of posting, or, if the address is not within the State, within such time to be stated in the notice as the Authority may determine; and the time fixed by the notice for taking any step thereunder shall be calculated accordingly;

(b) when if sent electronically, no denial of acceptance of the electronic communication has been received from the electronic address within 1 day of date of issue of the electronic communication.

Procedure on return of notice sent by post

172.

On the return by the post office of a letter containing a notice, the Authority may require some other notice to be given or may authorise substituted service of the notice, or it may proceed without further notice, if, in the circumstances, it thinks fit to do so.

Personal service of notice, summons or order

173.

(1) Personal service of a notice or summons by or order of the Authority shall be made by delivering the notice or summons or, in the case of an order, a sealed copy thereof to the person on whom service is directed. The service shall be proved by affidavit.

(2) Where personal service cannot be made, or is shown to be not reasonably practicable, the Authority may order such substituted service as it may deem sufficient in the circumstances of the particular case.

How questions determined

174.

Where any question, difficulty or dispute arises during an investigation of title or registration or other proceedings in the Registry, the Authority may give notice to all persons interested to attend before it on a day and at a time to be stated in the notice for the consideration of the matter; and, at the time appointed, it shall either decide the question or, if it entertains a doubt thereon, refer it to the court as defined in Section 18 of the Act for its decision.

Summons by Authority

175.

(1) A summons by the Authority under Section 16 of the Act shall be in Form 87.

(2) Where the summons is served upon any person not bound to attend at his/her own expense, the affidavit proving service of the summons shall also prove that the reasonable expenses of the attendance of the person summoned have been paid or tendered to him/her.

(3) The reasonable expenses of the attendance of any person on a summons in relation to a registration shall be part of the costs of the applicant in the matter.

Powers of Authority under Sections 16 and 94 of the Act

176.

The Authority shall have the powers conferred on it by Sections 16 and 94 of the Act in all proceedings in the Registry for the registration of an ownership of property or a burden thereon or which involves an examination of title outside the registers.

Costs of proceedings before Authority

177.

(1) The costs of any proceedings on a hearing before the Authority shall be in its discretion and it may direct by and to whom they are to be paid.

(2) Subject to the provisions of Section 100(2) of the Act, and unless the parties otherwise agree, the costs shall be taxed.

(3) Costs shall, when taxable, be taxed by a Taxing Master of the High Court, and the Rules of the Superior Courts for the time being relative to taxation shall apply to such costs as if the Land Registry were an Office of the High Court.

(4) In the taxation of costs, the Taxing Master shall have regard to the procedure prescribed by the Act and these Rules and shall disallow the costs of any document or part thereof that he/she may consider unnecessary or prolix having regard to the prescribed form and the procedure and effect of registration under the Act.

Enforcement of order for costs

178.

An order by the Authority for the payment of costs may be enforced in the manner provided by Section 20 of the Act for the enforcement of orders of the Authority.

Recording of decisions of Authority

179.

(1) Every decision of the Authority refusing to enter an ownership, burden, notice or other entry applied for in a register shall be made by ruling signed by it and entered in a ruling book to be kept for the purpose.

(2) Every other decision of the Authority (not being an order) shall be entered as a ruling in the ruling book on the application of any person desiring to appeal.

(3) Every ruling shall refer to the documents on which it was made and shall state the grounds of the decision given.

Procedure on Appeals to Court

180.

Appeals to Court under Section 19(1) of the Act may be made-

(a) In the case of an appeal to the High Court by filing a notice of motion and grounding affidavit with the Court Registrar in accordance with Order 96 of the Superior Court Rules 1986, who may direct the service of said notice of motion and grounding affidavit on such other parties as may be necessary;

(b) In the case of an Appeal to the Circuit Court by filing a notice of motion and grounding affidavit in accordance with Order 51 of the Circuit Court Rules 1950.

Reference of questions to court

181.

(1) An order of the Authority referring a question of law or fact to the court under Section 19(2) of the Act or an application to be made to the court under Section 21(2) of the Act may, where the Authority considers appropriate, have annexed a memorandum signed by it which shall contain a concise statement of the material facts and documents on which the question referred to the court arises.

(2) The order may state the question of law or fact for determination of the court and may direct by whom the matter is to be brought before the court and the persons to whom notice of the application to the court is to be given.

(3) Where it appears to the Authority that there has been undue delay in having a matter referred by it to the court brought before the court for its decision, it may, by order, transfer the carriage of the proceedings from the person to whom it was given to some other person interested, or it may rescind its order and treat the proceedings in which the reference was made as abandoned.

General powers of Authority

182.

The Authority may, in any particular case, extend the time limited or relax the regulations made by these Rules and may, at any time, adjourn any proceedings. Where at any time it is of the opinion that the production of further documents or evidence or the giving of any notice is necessary or desirable, it may refuse to proceed until the documents, evidence or notice have been supplied or given.

Power to treat proceedings as abandoned

183.

Where no step has been taken for a period of one month in a matter pending in the Registry, the Authority may give notice to the applicant or his/her solicitor that the matter shall be treated as abandoned unless duly proceeded with within a time to be stated in the notice and, on the expiration of that time, it may treat the matter as abandoned, if it has not been proceeded with.

PART 6 Compensation Payable out of the Central Fund

To whom application for compensation is to be made.

184.

Every application for compensation out of the Central Fund (under Section 120 of the Act) shall be made in writing to the Authority in Form 98 and shall be accompanied by two copies thereof.

Contents of application for compensation

185.

Every application for compensation shall be signed by the claimant or his/her solicitor and shall contain-

(a) particulars of the property for the loss of which compensation is claimed;

(b) particulars of the error, forgery or fraud on which the claim is based;

(d) an address in the State to which all notices and communications to the claimant may be sent, and shall be verified by the affidavit of the claimant or, by leave of the Authority, of some person on behalf of the claimant having knowledge of the facts.

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

Rights in land which may be registered

186.

It is prescribed pursuant to Section 8(b)(ii) of the Act that the ownership of the following rights in land may be entered in the register maintained under Section 8(b)-

(a) any lease of incorporeal hereditaments held in gross;

(b) any charge, whenever created, registered as a burden;

(d) any interest protected under the National Monument Acts, 1930 to 2004.

Incorporeal hereditaments held in gross

187.

(1) An applicant for registration of ownership of an incorporeal hereditament held in gross shall be registered as owner with an absolute title where title both to the grantees interest and to the grantors interest and to any superior or intermediate interest that may exist is approved by the Authority.

(2) Where, immediately before the commencement of the Act, the registration of ownership of an incorporeal hereditament held in gross contained a note to the effect that the title of the grantor to make the grant has been investigated and found to be good, the title to the grantees interest shall be deemed to be an absolute title. Where there is no such note, the title shall be deemed to be a possessory title.

(3) Where an incorporeal hereditament held in gross is granted by the owner of property registered with an absolute, possessory or qualified title, the title of the registered owner of such incorporeal hereditament shall be deemed to be likewise absolute, possessory or qualified, as the case may be.

(4) The registration of a person as first registered owner of an incorporeal hereditament held in gross with a possessory title shall not affect or prejudice the enforcement of any right (whether in respect of the grantors title or otherwise) adverse to or in derogation of the title of the grantor or of that person and subsisting or capable of arising at the time of registration but, save as aforesaid, shall have the same effect as registration with an absolute title.

Application of the Act to incorporeal hereditaments held in gross.

188.

Subject to Rule 187, the provisions of the Act relating to the registration of the title to property and the burdens affecting registered property, except those to which Section 73 applies, shall apply to registration in the register maintained under Section 8(b) of the Act of the ownership of all incorporeal hereditaments held in gross pursuant to the provisions of the said Act and these Rules, with the following modifications-

(a) "Landcomprising incorporeal hereditaments held in gross" shall be substituted for "land" or "lands" or "freehold land", where these expressions occur in such provisions and the context so requires;

(b) The burdens specified in Section 69(1)(b), (h), (j), (m), (n) and that part of the burden specified at (q), namely, "or a right of residence (whether an exclusive right of residence or not)"; and of Section 72(1) (b), (h), (n) and (o) shall be excluded from those sections in their application to such hereditament, but the conditions, estates, rights and interests, if any, specified in the grant creating the hereditament shall be included as burdens to which, though not registered, such a registered hereditament is subject.

Application of the Act to rights other than incorporeal hereditaments held in gross.

189.

The provisions of the Act relating to the registration of the title to land (except those relative to the registration of limited ownerships, to the transfer of land and to burdens which are, without registration, to affect registered land) and the provisions of Section 64 relative to the transfer of charges shall apply to registration, in the register maintained under Section 8(b) of the Act, of the title to the rights in land specified at (b) and (c) of Rule 186, with the following modifications-

(a)"right", or "a right", or "rights", or "the rights", or "a registered right", or "the registered right", shall be substituted, as the context may require, for "land", or "lands", or "freehold land", or "registered land" and, in the provisions of the Act relating to charges, "right" shall be substituted for "charge";

(b) the person who may be registered as the owner of such a right shall be the person in whom the right is vested absolutely, whether for his/her own benefit or as a trustee;

(c)"the right" shall be substituted for the words "of freehold land with an absolute title" and for the words "an estate in fee simple in the land together with all implied or express rights, privileges and appurtenances belonging or appurtenant thereto", in Section 37(1);

(d) the title conferred by registration on the owner of such a right shall not affect or prejudice the enforcement of any other right affecting the land on which the registered right is a burden that ranks in priority to or is in derogation of the registered right and subsisting or capable of arising at the time of the first registration;

(e) the registration of an owner of a judgment mortgage shall not be a warranty that it is a valid burden on the property described in the register as affected by the right;

(f) all the burdens in Section 72 shall be excluded from that section in its application to such a registered right, and "any other right" specified in paragraph (e) shall be included as burdens to which, though not registered, such a registered right is subject.

Exchanges under Section 46 of the Land Act, 1923

190.

Where an exchange is made pursuant to Section 46 of the Land Act, 1923 , with the Minister for Agriculture, Food and the Marine of property (in this rule and in Rules 191 and 192 called "the original holding") for property (in this rule and in Rules 191 and 192 called "the new holding") the vesting order or other instrument effecting the transfer of the new holding shall state whether or not the land is subject to a land purchase annuity and shall refer to the folio number of the register of the original holding.

Effect of registration on exchange

191.

(1) The person who was registered owner of the original holding when the transfer(s) or vesting order(s) (as the case may be) were or was lodged shall be registered as full or limited owner of the new holding, according as he/she was full or limited owner of the original holding.

(2) A nominee appointed by the Land Commission or Minister for Agriculture, Food and the Marine under its statutory powers may be registered as full owner with a possessory title.

(3) There shall be entered in the folio of the new holding the burdens (other than burdens discharged under the Act of 1923 by the transfer or vesting order, as the case may be) that appear in the folio of the original holding. The new holding shall be subject to the burdens so registered and to any burdens that, without registration, affect it.

Registration with possessory title

192.

Where it appears from the register that the burdens arising from the interest vested in the purchaser of the original holding under the Land Purchase Acts being deemed to be a graft on his/her previous interest in that holding have not been ascertained, the ownership of the new holding shall be registered with a possessory title.

Notices to be given

193.

On the registration of the ownership of the new holding, the Authority shall send to all persons appearing from the folio of the original holding to be owners of burdens transferred to the new holding, notice of the transfer of their burdens to the new holding and of their registration.

FORM 1

Application for first registration of freehold property (Rules 14 and 15)

LAND REGISTRY

County

I, A.B., of make oath and say—

I am entitled for my own benefit (or, as trustee under deed dated etc., or, as the case may be) to the property set out in the Part 1 of the Schedule hereto which is subject to the mortgages, charges, leases, tenancies, restrictive covenants and incumbrances specified in the Part 2 of the said Schedule (or, which is not subject to any mortgage, charge, lease, restrictive covenant or incumbrance).

I am in undisputed possession (or, receipt of the rents and profits) of the property and there is no person in occupation of it, or any part of it, adversely to my estate therein.

I refer to the statement of my title set out in Part 3 of the Schedule hereto (to the legal opinion thereon (see Note (1)), to the application map or other map referred to in Rule 15(1)(c) and to the schedule of documents lodged herewith, which is a list of all documents relating to the title in my possession or under my control. The facts specified in the statement of my title are true and accurate and the map correctly shows the boundaries of the property.

For the protection of the trusts on which I hold the property I apply for the entry of the following inhibition in the register on my registration as owner (see Note (2), Rule 49 and Form 77).

There is not to my knowledge any mortgage, charge, lease, lien, agreement, restrictive covenant, encumbrance or trust affecting the property specified in paragraph 1, the subject of my application or any part thereof, that has not been disclosed in the proceedings in the Registry on the application.

I am not aware of any question, affecting my title to the property or any part of it, or of anything whereby the title is or may be affected or called in question in any manner whatever.

The contracts, abstracts, legal opinions, requisitions, replies, deeds, wills and other documents referred to or lodged with said application and produced in the proceedings thereunder are all the documents in my possession or under my control relating to the title to the said property commencing with a good root of title.

There is not to my knowledge any person interested in the proceedings on the said application who is under the age of 18 years, or is of unsound mind, (except — give name and address of any person interested who is a minor (see Note (6)) or of unsound mind and of his/her guardian or committee, or trustees under Section 57 of the Succession Act, 1965 , if any) and no proceedings are pending in any court relating to the said property (except — give particulars of any pending action or suit).

I hereby apply for registration in the Register of Freeholders as owner with absolute title [or, qualified title, (qualified as to )] [or, possessory title] of the property described in the Part 1 of the Schedule hereto. (see Note (7))

Schedule

PART 1

(To contain description of the property, giving area, townland, barony and county, or, if in a city or urban district, the street or road and city or urban district).

............................................... shown on the application map attached edged red and lettered (which application map correctly shows the boundaries of the property).

PART 2

(To contain short particulars of all subsisting mortgages, leases, tenancies, restrictive covenants, and incumbrances not being burdens to which Section 72 of the Act applies).

PART 3

(To contain a concise statement of title giving in chronological order a summary of the documents and the events and facts on which the applicant’s claim to the property is based. It should commence with a good root of title but in the case of a fee farm grant should recite same and then skip to a good root of title. It should state under which sub-rule of Rule 19 the application is being made. The statement of title should include pre-root documents that created Section 69 burdens that affect the title).


Signature of deponent.	Sworn this the day of , 20 , at , in the county of before me a Commissioner for Oaths (or other qualified person) and I know the deponent
I. X.Y., hereby certify that I know the deponent.	(or, I know X.Y., who certifies his/her knowledge of the deponent).
Signature	Signature

Note (1) — To be inserted only when legal opinion is relied on under Rule 19.

Note (2) — To be inserted only when applicant is a trustee [see Rule 49].

Note (3) — If the title does not commence with a good root of title paragraph 7 should be suitably amended as should the statement of title in Part 3 of the Schedule which should commence with the root of title. If application is being made under Rule 19(2) evidence that the market value, at the date of the application, does not exceed €1,000,000 should be lodged.

Note (4) — Where the application is for first registration of an incorporeal hereditament held in gross, the ninth paragraph is to be varied by stating that it is for registration of the ownership in the relevant register of the hereditament specified in Part 1 of the Schedule and that part is to contain particulars of the hereditament and of the property out of which it issues. If the application is by the original grantee of the hereditament, paragraph 3 is to refer only to the grant.

Note (5) — The relevant averments of Form 16 are included in Form 1.

Note (6) — Please note that an interest vesting in a minor creates a trust in land by virtue of Part 4 of the Land and Conveyancing Law Reform Act 2009 . The guardians of a minor do not necessarily have capacity to act as trustees on his/her behalf [see Section 19 of the 2009 Act].

Note (7) — If there is more than one applicant, paragraph 9 should state clearly whether they are joint tenants or tenants in common and if tenants in common, the shares of each applicant.

Note (8) — If there is more than one applicant, the form should be amended accordingly.

Note (9) — If the application is made on behalf of a corporate body it may be made by the Secretary or Law Agent or it may be made by a person duly authorised by that body if it is averred that the person is duly authorised and has the necessary means of knowledge.

FORM 2

Application for first registration of leaseholds and of rights (other than incorporeal hereditaments held in gross) (Rules 14 and 16)

LAND REG1STRY

County

I, A.B., of make oath and say—

I am entitled for my own benefit (or, as trustee under deed dated or, as the case may be) to the lessees interest in the lease referred to in Paragraph 9 which lease is subject to the mortgages, charges, subleases, tenancies, restrictive covenants and incumbrances stated in Part 2 of the Schedule hereto (or, which is not subject to any mortgage, charge, sublease, tenancy, restrictive covenant or incumbrance).

I am in undisputed possession (or, receipt of the rents and profits) of the property and there is no person in occupation of it, or any part of it, adversely to my estate therein.

I refer to the statement of my title set out in Part 3 of the Schedule hereto (to the legal opinion thereon (see Note (1)), to the application map or other map referred to in Rule 16(2)(c) and to the schedule of documents lodged herewith, which is a list of all documents relating to the title in my possession or under my control. The facts specified in the statement of my title are true and accurate and the map correctly shows the boundaries of the property.

For the protection of the trusts on which I hold the property I apply for the entry of the following inhibition in the register on my registration as owner (see Note (2), Rule 49 and Form 77).

I am not aware of any question, affecting my title to the property or any part of it, or of anything whereby the title is or may be affected or called in question in any manner whatever.

There is not to my knowledge any person interested in the proceedings on the said application who is under the age of 18 years, or is of unsound mind, (except — give name and address of any person interested who is a minor (see Note (8)) or of unsound mind and of his/her guardian or committee, or trustees under Section 57 of the Succession Act 1965 , if any) and no proceedings are pending in any court relating to the said property (except- give particulars of any pending action or suit).

I hereby apply for registration as owner with a good leasehold title [or, absolute title or, possessory title or, qualified title (qualified as to )] of the leasehold interest in the property described in Part 1 of the Schedule hereto demised by lease ated the day of from C.D. to E.F. for a term of from (commencement date) at a rent of € (or, as the case may be) (see Note (9)).

Schedule

PART 1

(To contain description of the property, giving area, townland, barony and county, or, if in a city or urban district, the street or road and city or urban district).

............................................... shown on the application map attached edged red and lettered (which application map correctly shows the boundaries of the property).

PART 2

(To contain short particulars of all subsisting mortgages, leases, tenancies, restrictive covenants, and incumbrances not being burdens to which Section 72 of the Act applies).

PART 3

(To contain a concise statement of title giving in chronological order a summary of the documents and the events and facts on which the applicant’s claim to the property is based. It should commence with the lease and can then skip to a good root of title. It should state under which sub-rule of Rule 19 the application is being made. The statement of title should include pre-root documents that created Section 69 burdens that affect the title).


Signature of deponent.	Sworn this the day of , 20 , at , in the county of before me a Commissioner for Oaths (or other qualified person) and I know the deponent
I. X.Y., hereby certify that I know the deponent.	(or, I know X.Y., who certifies his/her knowledge of the deponent).
Signature	Signature

Note (1) — To be inserted only when legal opinion is relied on under Rule 19.

Note (2) — To be inserted only when applicant is a trustee [see Rule 49].

Note (4) — This form can be adapted together with Form 1 where the application is for an absolute title. See Section 40(4) of the Act.

Note (5) — This form is to be adapted on an application for first registration of ownership of a right (other than an incorporeal hereditament held in gross) in the register maintained under Section 8(b) of the Act.

Note (6) — The reference in paragraph 3 to a schedule of documents may be omitted where Rule 16(a) applies.

Note (7) — The relevant averments of Form 16 are included in Form 2.

Note (8) — Please note that an interest vesting in a minor creates a trust in land by virtue of Part 4 of the Land and Conveyancing Law Reform Act 2009 . The guardians of a minor do not necessarily have capacity to act as trustees on his/her behalf [see Section 19 of the 2009 Act].

Note (9) — If there is more than one applicant, paragraph 9 should state clearly whether they are joint tenants or tenants in common and if tenants in common, the shares of each applicant.

Note (10) — If there is more than one applicant, the form should be amended accordingly.

Note (11) — If the application is made on behalf of a corporate body it may be made by the Secretary or Law Agent or it may be made by a person duly authorised by that body if it is averred that the person is duly authorised and has the necessary means of knowledge.

FORM 3

Application for first registration where purchase money or compensation does not exceed €1,000,000 (Rule 19(3) and(4))

LAND REGISTRY

County

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

I have investigated the title to the property described in the conveyance dated the day of , (or, other instrument) lodged herewith. The property in or over which the estate or interest acquired by the conveyance (or, other instrument) exists is shown on the application map lodged herewith edged red and lettered.

As a result of my investigation of the title, I certify that the conveyance (or, instrument) conveyed (or, vested) the fee simple in the property (or, the lessee’s interest in a lease dated the day of , from to in the property for years from (commencement date) , an attested copy of which is lodged herewith, (or, other right acquired in the property) in the applicant, free from any adverse rights, restrictive covenants or incumbrances, except those subject to which the conveyance (or, instrument) expressly conveyed the property.

I certify that (save for the mortgage set out in paragraph 8) the said property remains free from any adverse rights, restrictive covenants or incumbrances (other than those already referred to at paragraph 3 hereof) and that there is not at the date of this certificate any transaction which affects or may affect the said property other than as stated herein.

The purchase money of (or, the compensation for) the property did not exceed €1,000,000. The whole of it had been paid to the person (or persons) entitled thereto or authorised to give receipts therefor.

I certify that the prior title is not based on possession.

I certify that the interest conveyed/assigned is not an enlargement of a prior interest held by the applicant in the property.

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

Dated this day of 20 .

Signed:

Note — The legal opinion set out in Rule 19(6) may be furnished in Form 3 adapted as the case may require.

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 (Rule 20)

LAND REGISTRY

The Minister for Agriculture, Food and the Marine pursuant to Section 26(1) of the Act hereby applies for the first registration with possessory title of (insert name, address and description of person to be registered) as owner of the property the particulars of which are specified in the Schedule hereto being the property shown on the application map accompanying this application edged in thereon and numbered.

Dated this day of 20 .

Schedule

PART 1

Particulars of property


County	Barony	Townland	Area

PART 2

Particulars of acquisition of property


Title of matter in which property sold	The tenancy of purchaser as stated in his/her purchase agreement	Date and short particulars of vesting instrument i.e., whether conveyance, vesting order, or fiat, and name of person in whom property was vested	Purchase money

Signed:

(To be signed by the solicitor to, or authorised officer of, the Minister)

Note — The certificate required by Rule 20(2) is to be endorsed on the application.

FORM 5

Application for first registration where title is based on possession (Rule 17)

LAND REGISTRY

County

I, A.B., of, make oath and say—

I, (and my predecessors in title) have been in sole and exclusive beneficial occupation of the (describe the property) property shown on the application map attached edged red and lettered (which application map correctly shows the boundaries of the property) for upwards of years last past, and/or in sole receipt of the rents and profits thereof and no acknowledgment has been given by me (us) in favour of any person in respect of same or any part thereof.

2 (a) (Describe how the occupation began and set out such facts as are relied upon in support of the applicants claim to have established his/her title, e.g., deliberate squatting with intention to acquire the property; taking possession as one of the next-of-kin of a deceased owner against the personal representative of such owner, other next-of-kin, etc.; uses made of the property; the persons against whom he/she claims to have acquired his title, departures or dispossessions, relevant deaths; next-of-kin, addresses for service of notices, etc.).

2 (b) (The title against which adverse possession is claimed should be set out. If a fee farm grant or leasehold full details in the applicants possession or procurement should be set out. If the title is unknown the efforts made to establish the title should be fully set out)

I am entitled for my own benefit to the fee simple interest in the property (or, otherwise as the case may be) and I am not aware of any contract or agreement for sale, or of any mortgage, charge, lease, agreement for lease, restrictive covenant, lien, incumbrance or trust (or, except as stated in the Schedule hereto) affecting the property, or any part thereof, and I declare that there is no person in possession or occupation of the property or any part thereof adversely to my estate or interest therein.

I am not aware of any question or doubt affecting the title to the property, or any part thereof, or of any matter or thing whereby the title is, or may be impeached, affected, or called in question in any manner whatsoever.

There is not to my knowledge any person interested in the proceedings on the said application who is under the age of 18 years, or is of unsound mind, (except — give name and address of any person interested who is a minor (see Note (3)) or of unsound mind and of his/her guardian or committee, or trustees under Section 57 of the Succession Act, 1965, if any) and no proceedings are pending in any court relating to the said property (except — give particulars of any pending action or suit).

The contracts, abstracts, legal opinions, requisitions, replies, deeds, wills and other documents referred to or lodged with said application and produced in the proceedings thereunder are all the documents in my possession or under my control (or, in the possession of or under his/her control) relating to the said property.

I apply to be registered as full owner with an absolute title (or, qualified title (qualified as to) or, good leasehold title or, possessory title) of the property set out in paragraph 1.

Schedule

(where necessary)


Signature of deponent.	Sworn this the day of , 20 , at , in the county of before me a Commissioner for Oaths (or other qualified person) and I know the deponent
I. X.Y., hereby certify that I know the deponent.	(or, I know X.Y., who certifies his/her knowledge of the deponent).
Signature	Signature

Note (1) — Where the application is based on possession of registered land, Form 6 should be used and not this form.

Note (2) — This form can be used where the applicant has no documents of title in his/her possession or control (see Rule 17).

Note (3) — Please note that an interest vesting in a minor creates a trust in land by virtue of Part 4 of the Land and Conveyancing Law Reform Act 2009 . The guardians of a minor do not necessarily have capacity to act as trustees on his/her behalf (see Section 19 of the 2009 Act).

Note (4) — The relevant averments of Form 16 are included in Form 5.

Note (5) — If the application is made on behalf of a corporate body it may be made by the Secretary or Law Agent or it may be made by a person duly authorised by that body if it is averred that the person is duly authorised and has the necessary means of knowledge.

Note (6) — A certificate by the Revenue Commissioners pursuant to Section 62 (2) of the Capital Acquisitions Tax Consolidation Act 2003 [as amended by Section 128 of the Finance Act 2008 ] or, if appropriate, a solicitor’s certificate in the form prescribed by Section 62 (7) of the Capital Acquisitions Tax Consolidation Act 2003 [as amended by Section 128 of the Finance Act 2008 ] should be lodged.

Note (7) — If there is more than one applicant, the form should be amended accordingly.

FORM 6

Application for registration where title is based on possession of registered land only (Rule 45 and Section 49)

LAND REGISTRY

County Folio

I, A.B., of make oath and say—

I, (and my predecessors in title) have been in sole and exclusive beneficial occupation of the (describe the property) for upwards of years last past, and/or in sole receipt of the rents and profits thereof and no acknowledgment has been given by me (us) in favour of any person in respect of same or any part thereof.

(Describe how the occupation began and set out such facts as are relied upon in support of the applicants claim to have established his/her title, e.g., deliberate squatting with intention to acquire the property; taking possession as one of the next-of-kin of a deceased owner against the personal representative of such owner, other next-of-kin, etc.; uses made of the property; the persons against whom he/she claims to have acquired his title (registered owner or his/her successors), departures or dispossessions, relevant deaths; next-of-kin, addresses for service of notices, etc.).

I am entitled for my own benefit to the fee simple interest in the property (or, otherwise as the case may be) and I am not aware of any contract or agreement for sale, or of any mortgage, charge, lease, agreement for lease, restrictive covenant, or incumbrance (or, except as stated in the Schedule hereto) affecting the property, or any part thereof, and I declare that there is no person in possession or occupation of the property or any part thereof adversely to my estate or interest therein.

There is not to my knowledge any person interested in the proceedings on the said application who is under the age of 18 years, or is of unsound mind, (except — give name and address of any person interested who is a minor or of unsound mind and of his/her guardian or committee, or trustees under Section 57 of the Succession Act, 1965, if any) and no proceedings are pending in any court relating to the said property (except — give particulars of any pending action or suit).

I apply to be registered as owner with absolute title of the property set out in paragraph 1.

Schedule

(where necessary)


Signature of deponent.	Sworn this the day of , 20 , at , in the county of before me a Commissioner for Oaths (or other qualified person) and I know the deponent
I. X.Y., hereby certify that I know the deponent.	(or, I know X.Y., who certifies his/her knowledge of the deponent).
Signature	Signature

Note (1) — Where the application is based on possession of unregistered land, Form 5 should be used and not this form.

Note (2) — Where application is made in respect of part of property in a folio under Rule 46, an application map should be lodged. The map should be referred to in the application as correctly showing the boundaries of the property.

Note (4) — If the application is made on behalf of a corporate body it may be made by the Secretary or Law Agent or it may be made by a person duly authorised by that body if it is averred that the person is duly authorised and has the necessary means of knowledge.

Note (5) A certificate by the Revenue Commissioners pursuant to Section 62 (2) of the Capital Acquisitions Tax Consolidation Act 2003 [as amended by Section 128 of the Finance Act 2008 ] or, if appropriate, a solicitor’s certificate in the form prescribed by Section 62 (7) of the Capital Acquisitions Tax Consolidation Act 2003 [as amended by Section 128 of the Finance Act 2008 ] should be lodged.

Note (6) — If there is more than one applicant, the form should be amended accordingly.

FORM 7

Caution against first registration (Rule 30(1))

LAND REGISTRY

To the Property Registration Authority

(address of appropriate office)

Notice is to be given to A.B. of of any application that may be made for the registration of an owner of the property (or, the leasehold interest under lease dated from X to Y for years in the property) in the county of specified in the Schedule hereto.

Dated the day of 20 .

Schedule

(To contain particulars of the property by reference to an application map)

Signed:

(To be signed by A.B. or his/her solicitor).

FORM 8

Affidavit of interest in support of caution against first registration, to be endorsed on caution (Rule 30(2))

LAND REGISTRY

County

I. A.B.,of make oath and say—

I am (or, C.D., for whom I am solicitor, is) interested in the property (or, leasehold interest) referred to in the within caution. The following are the particulars of my (or, his/her) interest.

(State concisely in short paragraphs the documents or facts which show that the cautioner has an incumbrance on the property, or is entitled to object to a disposition of it without his/her consent).


Signature of deponent.	Sworn this the day of , 20 , at , in the county of before me a Commissioner for Oaths (or other qualified person) and I know the deponent
I. X.Y., hereby certify that I know the deponent.	(or, I know X.Y., who certifies his/her knowledge of the deponent).
Signature	Signature

FORM 9

Warning notice to cautioner of application for first registration (Rule 31)

LAND REGISTRY

WARNING NOTICE

Property Registration Authority

(address of appropriate office)

Sir / Madam,

You are hereby given notice that E.F., of has applied to be registered as owner of the property (or, leasehold interest) referred to in your caution lodged in the Land Registry on the day of .

If you intend to oppose his/her application, you are required to do so in writing sent to the Property Registration Authority at the above address before the expiration of 21 days from the service of this notice on you. If you do not oppose it, the application will be proceeded with.

Any objection by you to the application must state the grounds thereof.

Dated the day of 20 .

Signed:

To:

(Insert name and address of cautioner)

FORM 10

Application for the conversion of possessory title (property purchased under Land Purchase Acts)

(a) registered for 30 years (Rule 32) or

(b) registered over 12 years, where the applicant claims under a transfer for valuable consideration registered not less than 12 years prior to application (Rule 33)

LAND REGISTRY

County Folio

I, A. B., of the registered owner of the property referred to in paragraph 1 hereof make oath and say—

The property to which this application relates is described in folio of the register.

(a). (if the application is under Rule 32) I was registered as owner of said property (under a transfer from or, under a devise in the will of, or, as the case may be) (it must be shown that ownership of the property under the Land Purchase Acts has been registered for 30 years)

(b). (if the application is under Rule 33) The said property was transferred by transfer, dated the day of to me (or, E.F.) on sale and I (or, E.F.) was registered as full owner thereunder on the day of (Facts must be stated showing that the applicant claims under a registered transfer for value to himself/herself or a predecessor in title registered for over 12 years).

I am absolutely entitled to the property and there is not to my knowledge any mortgage charge, lease, agreement, incumbrance, restrictive covenant or trust, affecting the property or any part of it and created before (insert date of first registration) (except as stated in paragraph 7).

I am not aware of any question affecting my title to the property or any part of it, or of anything whereby the title is or may be affected or called in question in any manner whatever.

There is not to my knowledge any person interested in the proceedings on the said application who is under the age of 18 years, or is of unsound mind, (except — give name and address of any person interested who is a minor (see Note (1)) or of unsound mind and of his/her guardian or committee, or trustees under Section 57 of the Succession Act, 1965, if any) and no proceedings are pending in any court relating to the said property (except — give particulars of any pending action or suit).

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