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State In force superseded text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
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
6.

I am in actual occupation of all the property and no person has a right of residence therein, a right to receive an annuity thereout or a right of maintenance or support or other right or privilege therein or thereout under any agreement, settlement, or deed, or a right under any devise or intestacy made or arising prior to (insert date of first registration) (except as stated in paragraph 3); and I have no knowledge of any deed, will, settlement, or other document affecting the property or any part of it, or of anything prior to the day of (i.e., date of first registration) whereby my title to it may be affected or called in question in any manner whatever. I have not (nor to the best of my knowledge and belief have my predecessors in title) given any acknowledgement of title to the said property to any person.

7.

I have no deeds or other documents relating to the property in my possession or control (except those listed in the Schedule hereto which are lodged with this application).

8.

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

Schedule

(deeds and documents affecting the property)

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) — 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 (2) — If applying under Rule 32 strike out paragraph 2(b). If applying under Rule 33 strike out paragraph 2(a).

Note (3) — 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 (4) — If there is more than one applicant, the form should be amended accordingly.

FORM 11

Application for the conversion of possessory title (property purchased under Land Purchase Acts) where the title to the tenancy existing prior to first registration has not been investigated by counsel (Rule 35)

LAND REGISTRY

County Folio

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

1.

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

2.

I am (or, C.D., is) the registered owner (and I refer to the consent of the said C.D., to this application lodged herewith (see Note (4)).

3.

(State concisely the terms of the disposition that is the root of title and the subsequent documents, facts, and events that show the title claimed. Where the documents disclose any charge or other burden, proof must be given of its discharge, where its existence is not admitted) e.g. by settlement, dated the , made on the marriage of C.D., and E.F., (or, by conveyance, dated , or, by his/her will, dated ) A.B., who was then the tenant of the property, conveyed, (or, devised) same to .

4.

The deeds and other documents set out in the Schedule hereto are all the deeds and documents affecting the property in my possession or control.

5.

I am (or. C.D. is) in possession of all the property and no person other than myself (or C.D.) is in occupation of the property or any part thereof (save who is (or, are) in occupation of (area) thereof under).

6.

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, and there is no person in possession or occupation of any part of the property adversely to my (or, his/her) estate therein.

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.

8.

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).

9.

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.

10.

I apply that the possessory title in the register of the property be converted into an absolute title (and that the following incumbrances be entered in the register thereof as burdens. Set out the burdens created prior to first registration that applicant admits are subsisting).

Schedule

(deeds and documents affecting the property)

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) — 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 (2) — The relevant averments of Form 16 are included in Form 11

Note (3) — 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 (4) — See Rule 40(a).

Note (5) — If there is more than one applicant, the form should be amended accordingly.

FORM 12

Application for the conversion of possessory title (property purchased under Land Purchase Acts) where the title to the tenancy existing prior to first registration has been investigated by counsel (Rules 35 and 36)

LAND REGISTRY

County Folio

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

1.

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

2.

I am the purchaser of the property from the registered owner thereof whose transfer to me is lodged with this application

or

I am the owner of the charge on the property from the registered owner thereof, which is lodged with this application (or, as the case may be).

3.

On the occasion of my purchase (or, of the loan or, as the case may be) the title to the tenancy in the property existing prior to its first registration was investigated by a practising barrister (or solicitor), and I refer to his/her opinion thereon dated and to the abstract of title, contract, searches, requisitions, replies, deeds, and other documents, and evidence, produced on the occasion of the sale (or, loan) which are set out in the accompanying Schedule hereto. The documents specified in the said Schedule are all the documents relating to the property and the title to it in my possession or under my control.

4.

I have no knowledge of any deed, will, settlement or other document relating to the property prior to its first registration other than those disclosed or of anything whereby my title or the title of the registered owner may be affected or called in question in any manner.

5.

I am in actual occupation of all the property (where applicable) and there is no person in possession or occupation of any part of the property adverse to my (or his/her) estate therein.

6.

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 (2)) 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).

7.

I apply that the possessory title in the register of the property be converted into absolute title, (and that the following incumbrance(s) appearing from legal opinion to affect the property be entered in the register as (a) burden(s) viz.

Schedule

(deeds and documents affecting the property)

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) — The relevant averments of Form 16 are included in Form 12.

Note (2) — 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 (3) — The legal opinion may be in Form 3 adapted as required.

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

FORM 13

Application for the conversion of possessory title (property purchased under Land Purchase Acts) on a certificate of solicitor where the compensation or purchase money does not exceed €1,000,000 (Rule 34)

LAND REGISTRY

County Folio

1.

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

2.

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

3.

I have investigated the title to the tenancy in the property existing prior to its first registration, and I certify that no incumbrances, restrictive covenants or rights adverse to the said applicant exist on or arise in respect of the said tenancy in the property, the fee simple in which was transferred to the applicant by transfer (or, other instrument), dated the day of 20 , and for which the purchase money (or, compensation) paid did not exceed €1,000,000.

4.

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

Dated the day of 20 .

Signed:

FORM 14

Application for conversion of possessory title (property not purchased under the Land Purchase Acts and where lodged with a transfer for value or other disposition for value) (Rule 37(1) and (2)) or for the conversion of a qualified title (Rule 39)

LAND REGISTRY

County Folio

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

1.

The property to which this affidavit refers is described in folio of the register County .

2.

(a). (if the application is under Rule 37(1)

The said property was transferred by transfer, dated the day of to me for valuable consideration (or, other disposition for value).

2.

(b). (if the application is under Rule 37(2))

The property has been registered since (must be registered for 15 years) and the said property was transferred by transfer, dated the day of to me for valuable consideration (or, other disposition for value).

2.

(c). (if the application is under Rule 39)

(set out evidence of the title of the registered owner to the estate or interest excepted in the register from the effect of registration or by such other evidence as the applicant relies on in proof that the estate or interest so excepted has been extinguished or has otherwise ceased to affect the property e.g. the document which was the root of title is dated and now qualifies as a good root under Rule 19(1)).

3.

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 of the application of ) or any part thereof, that has not been disclosed in the proceedings in the Registry on the application, and there is no person in possession or occupation of any part of the property adversely to my (or, his/her) estate therein.

4.

I am not aware of any question, affecting my title to the property (or, the title of 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.

5.

The contracts, abstracts, legal opinions, requisitions, replies, deeds, wills and other like documents referred to in the Schedule hereto and lodged with this application are all the documents in my possession or under my control (or, in the possession or under his/her control) relating to the said property (if the application is under Rule 37(2) it is not necessary to lodge these documents).

6.

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).

7.

I apply that the possessory title (or, qualified title) in the register of the property be converted into an absolute title (or, good leasehold title) (and that the following incumbrances be entered in the register thereof as burdens. (Set out the burdens created prior to first registration that applicant admits are subsisting).

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

Schedule

(deeds and documents affecting the property)

Note (1) — This form contains the relevant averments of Form 16.

Note (2) — If applying under Rule 37(1) strike out paragraph 2(b) and 2(c). If applying under Rule 37(2) strike out paragraph 2(a) and 2(c). If applying under Rule 39 strike out paragraph 2(a) and 2(b).

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

FORM 15

Application for conversion of possessory title (property not purchased under the Land Purchase Acts and where not lodged with a transfer for value or other disposition for value) (Rule 37(3))

LAND REGISTRY

County Folio

I, A.B., of make oath and say —

1.

I am entitled for my own benefit to the property set out in folio County which is subject to the mortgages, charges, leases, tenancies, restrictive covenants and incumbrances specified in the Schedule (or, which is not subject to any mortgage, charge. lease, restrictive covenant or incumbrance).

2.

(set out in full the documents and facts and other evidence upon which the applicants claim for conversion of title is based)

3.

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.

4.

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, and there is no person in possession or occupation of any part of the property adversely to my estate therein.

5.

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.

6.

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.

7.

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 (2)) 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).

8.

I apply that the possessory title in the register of the property be converted into an absolute title [or, good leasehold title] (and that the incumbrances set out in the schedule hereto be entered in the register thereof as burdens).

Schedule

(To contain short particulars of all subsisting mortgages, leases, tenancies, restrictive covenants, and incumbrances created prior to first registration that affect the property)

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) — This form contains the relevant averments of Form 16.

Note (2) — 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 (3) — 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 (4) — If there is more than one applicant, the form should be amended accordingly.

FORM 16

Affidavit of discovery (Rule 47)

LAND REGISTRY

County Folio (if registered land)

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

1.

The property to which this affidavit refers is (describe clearly the property the subject of the application; where it is registered, the folio no. of the register should be stated).

2.

There is not to my knowledge any mortgage, charge, lease, lien, agreement, restrictive covenant, incumbrance or trust affecting the property specified in Paragraph 1, the subject of my application (or of the application of ) or any part thereof, that has not been disclosed in the proceedings in the Registry on the application, and there is no person in possession or occupation of any part of the property adversely to my (or, his/her) estate therein.

3.

I am not aware of any question, affecting my title to the property (or, the title of 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.

4.

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.

5.

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).

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) — 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 (2) — 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 (3) — If there is more than one deponent, the form should be amended accordingly.

FORM 17

Application for registration of ownership or other entries (Rule 11). May be electronically submitted by account holders of landdirect.ie (www.landdirect.ie)

1.

APPLICATION TYPES

Please tick as appropriate, all application types, the documents lodged to support the application and, for transfer (sales), charges and leases, state the consideration in the deed

Dealing /Application Type Documents Lodged
Transfer All Part (Site No. ) Deed of Transfer Revenue Stamp Certificate issued Y N If yes please enter Stamp Certificate ID below
– – – –
Sale Voluntary FHPA Application Map
Sale consideration € Date of Deed of Transfer / /
Discharge/Release/Vacate Deed of Discharge/Release/Vacate endorsed on Charge
Transmission Probate/Grant of Administration
Assent
Date of Assent / /
Application
Lease of Registered land Lease Note: Form 16 and searches
Certified Copy/ are required for leases of Counterpart Lease registered land dated prior
Date of Lease to 26th May 2006. / /
Charge Deed of Charge
Present and future advances Certified Copy/Counterpart Charge
Principal sums Name of Lender
Specified amount
Judgment Mortgage Application in Form 60
Withdrawal of Name Affidavit/Declaration
Death Certificate
Copy Application Copy Folio
Copy Folio and Map
Other (please list) All other documents (please list)

Note: In first registration applications, consideration might be given to registering any relevant deeds in the Registry of Deeds to preserve priorities.

2.

FOLIO DETAILS

Folio number
County
3.

FEES PAYABLE

I enclose fees of €

Official Use Only — Fee Paid

Please complete the following sections using block capitals or typeface

4.

APPLICANT DETAILS

If there are more than two applicants please use a continuation sheet and attach to this Form.

First name
Surname/Organisation Name
Address within the state for service of notices
Share (Tenants in Common only)
First name
Surname/Organisation Name
Address within the state for service of notices
Share (Tenants in Common only)
5.

APPLICATION FOR REGISTRATION

I (the applicant or) as solicitor for the applicant(s) apply for registration of the above named as owner(s) as joint tenants / tenants in common of the property the subject of the application herein and as (the registered owner or person entitled to be registered owner) apply for registration of the burdens/ cautions/inhibitions in accordance with the documents lodged and assent to the registration of same as burdens on the property.

6.

LODGED BY

Name of Solicitor FirmorName of Applicant
Postal Address
email Address (if any)
Reference
7.

IN THE CASE OF PERSONAL APPLICATIONS

Evidence of identity– Rule 11(4)(a)) (Document providing evidence)
Evidence of permanent address– Rule 11(4)(a)) (Document providing evidence)

SIGNATURE (Applications must be signed either by an individual practising solicitor or, if no solicitor acting, by all the applicant(s).)

Signed
Name of Firm Date

The Property Registration Authority is a “relevant person” under Section 14 of the Local Government (Household Charge) Act, 2011 [S.I. 119 of 2012] and data may be shared pursuant to the terms of that Act.

FORM 18

Notice to registered owner of application by personal applicant (Rule 11(4)(b),(c))

LAND REGISTRY

County Folio

NOTICE

Property Registration Authority

(address of appropriate office)

Sir, (or, Madam),

You are hereby given notice that E.F., of has applied for the registration specified in the Schedule hereto on the above folio.

You are served of this notice as registered owner of the folio.

Any objection by you, to the proposed registration, should be in writing to the Property Registration Authority at the above address before the expiration of days from the service of this notice on you. Any objection by you to the application must state the grounds thereof.

This notice will be deemed to have been received by you within days from the date hereof in absence of proof to the contrary.

Schedule

Dated the day of 20 .

Signed:

To:

(Insert name and address of registered owner)

FORM 19

Transfer of property by a registered owner (Rules 52 and 67)

LAND REGISTRY

County Folio

Transfer dated the day of 20

A.B., the registered owner, in consideration of (the receipt of which is hereby acknowledged, (if appropriate)) hereby transfers all the property described in folio of the register County to C.D.

(if more than one transferee state whether taking as joint tenants or tenants in common and if taking as tenants in common, state the shares each transferee is taking)

The address of C.D., in the State for service of notices and his/her description are:

(give address and description)

Signed (or, Signed, sealed) and delivered

by A.B.

in the presence of:-

Signed (or, Signed, sealed) and delivered

by C.D.

in the presence of:-

Note (1) — The relevant stamp certificate issued by the Revenue Commissioners should be attached to the deed or if an exemption from stamp duty is being claimed, evidence of such exemption should be lodged pursuant to Section 104 of the Registration of Title Act 1964 , as substituted by Section 64 of the Registration of Deeds and Title Act 2006 .

Note (2) — Where the transfer is on a sale, and the transferor claims a lien for unpaid purchase money, he/she must, in order to protect the lien, apply for its registration as a burden (see Rule 117).

Note (3) — For execution and the attestation of the execution of a transfer (see Rules 54 and 55).

Note (4) — Where desired, the covenants for title implied by the transferor transferring "as beneficial owner" or "as settlor" or "as mortgagee" may be incorporated by inserting these words in the transfer after the name of the transferor (see Section 80 of the Land and Conveyancing Law Reform Act 2009 ).

Note (5) — In the case of a transfer of a leasehold interest, the usual covenants, where desired, by the assignee for payment of the rent and performance of the covenants in the lease may be inserted.

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

FORM 20

Affidavit of attesting witness (Rule 54)

LAND REGISTRY

County Folio

I, of, make oath and say:-

1.

I am an attesting witness to the execution of the within deed by the party (or parties) thereto.

2.

I was present and saw the said deed signed, sealed, and delivered by the said , who is personally known to me.

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: — Where the executing party is a marksman, it must be stated in this affidavit, or in the attestation clause to the deed, that the deed was read over to and understood by him/her.

FORM 21

Transfer of part of property by a registered owner (Rules 52 and 67)

LAND REGISTRY

County Folio

Transfer dated the day of 20

A.B., the registered owner, in consideration of (the receipt of which is hereby acknowledged, (if appropriate)) hereby transfers the part of the property described in folio of the register County specified in the schedule hereto to C.D.

(if more than one transferee, state whether taking as joint tenants or tenants in common and if taking as tenants in common, state the shares each transferee is taking)

(together with the following burdens

and A.B. assents to their registration on folio

and subject to the following burdens

and C.D. assents to their registration on the property (insert if appropriate))

The address of C.D., in the State for service of notices and his/her description are:

(give address and description)

Schedule

(To contain particulars of the part transferred and reference to the map thereof (see Rule 56))

Signed (or, Signed, sealed) and delivered

by A.B.

in the presence of:-

Signed (or, Signed, sealed) and delivered

by C.D.

in the presence of:-

Note (1) — The relevant stamp certificate issued by the Revenue Commissioners should be attached to the deed or if an exemption from stamp duty is being claimed, evidence of such exemption should be lodged pursuant to Section 104 of the Registration of Title Act 1964 , as substituted by Section 64 of the Registration of Deeds and Title Act 2006 .

Note (2) — Where the transfer is on a sale, and the transferor claims a lien for unpaid purchase money, he/she must, in order to protect the lien, apply for its registration as a burden (see Rule 117).

Note (3) — For execution and the attestation of the execution of a transfer (see rules 54 and 55).

Note (4) — Where desired, the covenants for title implied by the transferor transferring "as beneficial owner" or "as settlor" or "as mortgagee" may be incorporated by inserting these words in the transfer after the name of the transferor (see Section 80 of the Land and Conveyancing Law Reform Act 2009 ).

Note (5) — In the case of a transfer of a leasehold interest, the usual covenants, where desired, by the assignee for payment of the rent and performance of the covenants in the lease may be inserted.

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

FORM 22

Transfer of part of property (building estate) by a registered owner (Rules 52 and 67)

LAND REGISTRY

County Folio

Transfer dated the day of 20

A.B., the registered owner, in consideration of (the receipt of which is hereby acknowledged) hereby transfers the part of the property described in folio of the register County specified in the Schedule 1 hereto to C.D.

(if more than one transferee state whether taking as joint tenants or tenants in common and if taking as tenants in common state the shares each transferee is taking)

together with the easements, rights, privileges, covenants and conditions (etc as appropriate) set out in the Schedule 2 hereto and subject to the easements, rights, privileges, covenants and conditions (etc as appropriate) set out in Schedule 3 hereto.

The said C.D. hereby assents to the registration of the easements, rights, privileges, covenants and conditions (etc as appropriate) set out in Schedule 3 hereto as a burden on the property set out in Schedule 1 hereto.

The said A.B. hereby assents to the registration of the easements, rights, privileges, covenants and conditions (etc as appropriate) set out in Schedule 2 hereto as a burden on the property comprised in folio.

Definitions are set out in Schedule 4 hereto.

Recitals are set out in Schedule 5 hereto.

The address of C.D., in the State for service of notices and his/her description are:

(give address and description)

Schedule 1

(To contain particulars of the part transferred and reference to the map thereof—see Rule 56)

Schedule 2

(set out the easements, rights, privileges, covenants and conditions as appropriate that affect the property transferred)

Schedule 3

(set out the easements, rights, privileges, covenants and conditions as appropriate that affect the retained property)

Schedule 4

(set out definitions as appropriate)

Schedule 5

(set out recitals as appropriate)

Signed (or, Signed, sealed) and delivered

by A.B.

in the presence of:-

Signed (or, Signed, sealed) and delivered

by C.D.

in the presence of:-

Note (1) — The relevant stamp certificate issued by the Revenue Commissioners should be attached to the deed or if an exemption from stamp duty is being claimed, evidence of such exemption should be lodged pursuant to Section 104 of the Registration of Title Act 1964 , as substituted by Section 64 of the Registration of Deeds and Title Act 2006 .

Note (2) — For execution and the attestation of the execution of a transfer (see Rules 54 and 55).

Note (3) — Where desired, the covenants for title implied by the transferor transferring "as beneficial owner" or "as settlor" or "as mortgagee" may be incorporated by inserting these words in the transfer after the name of the transferor (see Section 80 of the Land and Conveyancing Law Reform Act 2009 ).

Note (4) — Additional Schedules can be added as required.

Note (5) — In the case of a transfer of a leasehold interest, the usual covenants, where desired, by the assignee for payment of the rent and performance of the covenants in the lease may be inserted.

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

FORM 23

Voluntary transfer of freehold property by a registered owner with a power of revocation (Rules 52 and 67)

LAND REGISTRY

County Folio

Transfer dated the day of 20 .

A.B., the registered owner, in consideration of the affection of A.B. for C.D. hereby transfers all the property described in folio of the register County to C.D.

(if more than one transferee state whether taking as joint tenants or tenants in common and if taking as tenants in common state the shares each transferee is taking)

subject to the power to A.B. at any time hereafter by deed (or, by will expressly referring to this power) to revoke this transfer.

C.D., hereby assents to the registration of the following inhibition:

No registration under a disposition is to be made without prior notice to A.B.

The address of C.D., in the State for service of notices and his/her description are:

(give address and description)

Signed (or, Signed, sealed) and delivered

by A.B.

in the presence of:-

Signed (or, Signed sealed) and delivered

by C.D.

in the presence of:-

Note (1) — The relevant stamp certificate issued by the Revenue Commissioners should be attached to the deed or if an exemption from stamp duty is being claimed, evidence of such exemption should be lodged pursuant to Section 104 of the Registration of Title Act 1964 , as substituted by Section 64 of the Registration of Deeds and Title Act 2006 .

Note (2) — For execution and the attestation of the execution of a transfer (see Rules 54 and 55).

Note (3) — Where desired, the covenants for title implied by the transferor transferring "as beneficial owner" or "as settlor" or "as mortgagee" may be incorporated by inserting these words in the transfer after the name of the transferor (see Section 80 of the Land and Conveyancing Law Reform Act 2009 ).

Note (4) — If there is more than one transferor/transferee, the form should be amended accordingly.

FORM 24

Transfer of property by a registered owner of a charge in exercise of a power of sale (Rules 52 and 67)

LAND REGISTRY

County Folio

Transfer dated the day of 20 .

A.B., the registered owner of the charge registered on the day of (or, at Entry No. ) in exercise of his/her/its power of sale, in consideration of (the receipt of which is hereby acknowledged) hereby transfers all the property described in folio of the register County to C.D.

(if more than one transferee state whether taking as joint tenants or tenants in common and if taking as tenants in common state the shares each transferee is taking)

discharged from the said charge and from all other burdens entered in the said folio of the register over which the said charge ranks in priority.

The address of C.D., in the State for service of notices and his/her/its description are:

(give address and description)

Signed (or, Signed, sealed) and delivered

by A.B.

in the presence of:-

Signed (or, Signed, sealed) and delivered

by C.D.

in the presence of:-

Note (1) — On the registration of the transferee all registered burdens that rank in priority to the charge of the owner exercising his/her/its power of sale will be left on the register. All registered burdens ranking in priority after his/her charge will be cancelled. Care should be taken if there is an occupational lease burden registered puisne to the charge.

Note (2) — This Form may be adapted to a sale by a person having any other statutory power of sale, or a power of sale registered as a burden.

Note (3) — The relevant stamp certificate issued by the Revenue Commissioners should be attached to the deed or if an exemption from stamp duty is being claimed, evidence of such exemption should be lodged pursuant to Section 104 of the Registration of Title Act 1964 , as substituted by Section 64 of the Registration of Deeds and Title Act 2006 .

Note (4) — See Section 100 of the Land and Conveyancing Law Reform Act 2009 in relation to the exercise of a power of sale under a mortgage created on or after the 1st December 2009.

Note (5) — For execution and the attestation of the execution of a transfer (see Rules 54 and 55).

Note (6) — Where desired, the covenants for title implied by the transferor transferring "as beneficial owner" or "as settlor" or "as mortgagee" may be incorporated by inserting these words in the transfer after the name of the transferor (see Section 80 of the Land and Conveyancing Law Reform Act 2009 ).

Note (7) — In the case of a transfer of a leasehold interest, the usual covenants, where desired, by the assignee for payment of the rent and performance of the covenants in the lease may be inserted.

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

FORM 25

Notice to registered owner of registration of transfer under a power of sale (Rule 79)

LAND REGISTRY

County Folio

NOTICE

Property Registration Authority,

(address of appropriate office)

Sir, (or, Madam),

You are hereby given notice that the registered owner of the charge registered as a burden at entry number Part 3 of folio County in exercise of his/her/its Power of Sale, by deed of transfer dated transferred the property (or the part of the property specified in the schedule hereto) comprised in folio County to .

Under Section 62 (9) of the Registration of Title Act 1964 the transferee has been registered as owner of the property (or the part of the said property now registered on folio ).

You are served of this notice as registered owner of the property comprised in the above mentioned folio.

All enquiries in relation to the said cancellation should be addressed to (the party who exercised the power).

Schedule

(insert if only part of the folio is transferred)

Dated the day of 20 .

Signed:

To:

(Insert name and address of registered owner of folio)

FORM 26

Notice of cancellation of a puisne burden on a power of sale under Section 62(10) of the Act (Rule 79)

LAND REGISTRY

County Folio

NOTICE

Property Registration Authority,

(address of appropriate office)

Sir, (or, Madam),

You are hereby given notice that the registered owner of the charge registered as a burden at entry number Part 3 of folio County in exercise of power of sale, by deed of transfer dated transferred the property (or the part of the property specified in the schedule hereto) comprised in folio County to .

Under Section 62 (10) of the Registration of Title Act, 1964 , all estates, interests, burdens and entries puisne to the charge shall be discharged and under Rule 79(2) of the Land Registration Rules 2012 such burdens and notices shall be cancelled in the Register.

Therefore the (burden, entry etc as appropriate) registered at entry number Part of folio County has been cancelled (or, folio number County has been opened free of the (burden, entry etc as appropriate) registered at entry number Part of folio County ).

You are served of this notice as (owner of the burden or notice party of the burden etc as appropriate).

All enquiries in relation to the said cancellation should be addressed to (the party who exercised the power).

Schedule

(insert if only part of the folio is transferred)

Dated the day of 20 .

Signed:

To:

(Insert name and address of registered owner of charge)

FORM 27

Notice to the registered owner of a transfer over-reaching the estate or interest of the registered owner under Section 60 of the Act (Rule 76)

LAND REGISTRY

County Folio

NOTICE

Property Registration Authority,

(address of appropriate office)

Sir, (or, Madam),

You are hereby given notice that under a transfer dated made by statute (set out the relevant statutory provisions) (or in exercise of a statutory power (set out details of the relevant statutory power) or made in exercise of a power registered as a burden at entry number Part 3 of folio County ) transferred the property (or the part of the property specified in the schedule hereto) comprised in folio County to .

Under Rule 76(2) of the Land Registration Rules 2012 you are served of this notice as registered owner of the property comprised in the above mentioned folio.

Registration will proceed unless good cause to the contrary is shown by you within 21 days from your receipt of this notice. Any objection by you to the proposed registration should be in writing addressed to the Property Registration Authority at the above address. This notice will be deemed to have been received by you within days from the date hereof.

Schedule

(insert if only part of the folio is transferred)

Dated the day of 20 .

Signed:

To:

(Insert name and address of registered owner of folio)

FORM 28

Notice of cancellation of a burden on transfer over-reaching the estate or interest of the registered owner (Rule 78)

LAND REGISTRY

County Folio

NOTICE

Property Registration Authority,

(address of appropriate office)

Sir, (or, Madam),

You are hereby given notice that under a transfer dated made by statute (set out the relevant statutory provisions) (or in exercise of a statutory power (set out details of the relevant statutory power) or made in exercise of a power registered as a burden at entry number Part 3 of folio County ) transferred the property (or the part of the property specified in the schedule hereto) comprised in folio County to .

Under Rule 77(1)(a) of the Land Registration Rules 2012 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, (or Under Rule 77(1)(b) of the Land Registration Rules 2012 the burdens and notices that rank in priority after the power) shall be cancelled in the Register.

You are served of this notice as (owner of the burden or notice party of the notice as appropriate).

Therefore registration will proceed and the (burden, notice as appropriate) registered at entry number Part of folio County will be cancelled (or, a new folio will be opened free of the (burden, notice as appropriate) registered at entry number Part of folio County ) unless good cause to the contrary is shown by you within 21 days from your receipt of this notice. Any objection by you to the proposed registration should be in writing addressed to the Property Registration Authority at the above address.

This notice will be deemed to have been received by you within days from the date hereof.

Schedule

(insert if only part of the folio is transferred)

Dated the day of 20 .

Signed:

To:

(Insert name and address of registered owner of burden or notice party)

FORM 29

Transfer of property to trustees (Rules 52, 67 and 69)

LAND REGISTRY

County Folio

Transfer dated the day of 20 .

A.B., the registered owner, in consideration of (the receipt of which is hereby acknowledged (if appropriate)) hereby transfers all the property described in folio of the register County to C.D. and E.F.

C.D., and E.F., hereby consent to and apply for the entry of the following inhibition in the register on their registration.

(see Rules 69 and 128 and sample forms of inhibition in Form 77)

The address in the State of C.D., and E.F., for service of notices and their descriptions are:

(give address and description)

Signed (or, Signed, sealed) and delivered

by A.B.

in the presence of:-

Signed (or, Signed, sealed) and delivered

by C.D.

in the presence of:-

Note (1) — The trusts under which the property is held should be declared by a separate deed to be retained by the trustees.

Note (2) — The relevant stamp certificate issued by the Revenue Commissioners should be attached to the deed or if an exemption from stamp duty is being claimed, evidence of such exemption should be lodged pursuant to Section 104 of the Registration of Title Act 1964 , as substituted by Section 64 of the Registration of Deeds and Title Act 2006 .

Note (3) — Where the transfer is on a sale, and the transferor claims a lien for unpaid purchase money, he/she must, in order to protect the lien, apply for its registration as a burden (see Rule 117).

Note (4) — For execution and the attestation of the execution of a transfer — see Rules 54 and 55.

Note (5) — Where desired, the covenants for title implied by the transferor transferring "as beneficial owner" or "as settlor" or "as mortgagee" may be incorporated by inserting these words in the transfer after the name of the transferor (see Section 80 of the Land and Conveyancing Law Reform Act 2009 ).

Note (6) — In the case of a transfer of a leasehold interest, the usual covenants, where desired, by the assignee for payment of the rent and performance of the covenants in the lease may be inserted.

Note (7) — If there is more than one transferor or more than two trustees, the form should be amended accordingly.

FORM 30

Transfer of freehold property by a registered owner creating rights in favour of himself/herself and others (Rules 52 and 67)

LAND REGISTRY

County Folio

Transfer dated the day of 20 .

A.B., the registered owner, in consideration of , hereby transfers all the property described in folio of the register County to C.D.,

(if more than one transferee state whether taking as joint tenants or tenants in common and if taking as tenants in common state the shares each transferee is taking)

subject to the following rights therein and thereover-

1.

The right of A.B. (and E.F., his/her spouse,) during his/her life (their respective lives) to the exclusive use and occupation of (insert particulars of the part of the property that the parties are to be exclusively entitled to during their lives, e.g., an exclusive use of a field. As regards an exclusive right of residence in a room or rooms, however, see Note (1) omit where the general right of residence in clause 2 is given.) and C.D. hereby assents to the entry of the following inhibition: No registration under any disposition for value by the registered owner of the property (if only part of the property, set out the relevant part) is to be made during the life (lives) of A.B. (and E.F.) without his/her (their) consent (or the consent of the survivor of them).

2.

The right of A.B. (and E.F., his/her spouse) during his/her life (their respective lives) to reside in the dwellinghouse on the property and to be supported and maintained on and out of the land in the manner following (insert the particulars (if any) of the maintenance agreed on and the alternative payments, if any, in case of disagreement). (See Note (1) omit if clause 1 is inserted.)

3.

A power for A.B., or his/her personal representative to charge the property with such sum or sums, not exceeding in all € , as he/she may be called on to pay and shall pay within six years from the date hereof in discharge of any debts due by A.B., at that date (see Note (3)).

4.

A charge for € , payable to. (insert particulars of charge and of its terms, as agreed on for any member of the family).

C.D. hereby assents to the registration of the rights specified above as burdens on the property (see Rule 96).

The address in the State of C.D., for service of notices and his/her description are:-

(give address and description)

Signed (or, Signed, sealed) and delivered

by A.B.

in the presence of:-

Signed (or, Signed, sealed) and delivered

by C.D.

in the presence of:-

Note (1) — A general right or exclusive right of residence on property will be registered as a burden (see Section 81 of the Act). Otherwise, an exclusive right to the use and possession of specified property is a trust which cannot be registered as a burden (see Section 92 of the Act). It must be protected by inhibition (see Rule 64).

Note (2) — A general charge for payment of debts should not be created. Where desired, a personal covenant by the transferee with the transferor for payment of the debts may be inserted.

Note (3) — Where the transfer is on a sale, and the transferor claims a lien for unpaid purchase money, he/she must, in order to protect the lien, apply for its registration as a burden (see Rule 117). Where the purchase money is paid the usual receipt clause may be embodied in the transfer.

Note (4) — The relevant stamp certificate issued by the Revenue Commissioners should be attached to the deed or if an exemption from stamp duty is being claimed, evidence of such exemption should be lodged pursuant to Section 104 of the Registration of Title Act 1964 , as substituted by Section 64 of the Registration of Deeds and Title Act 2006 .

Note (5) — For execution and the attestation of the execution of a transfer (see Rules 54 and 55).

Note (6) — Where desired, the covenants for title implied by the transferor transferring "as beneficial owner" or "as settlor" or "as mortgagee" may be incorporated by inserting these words in the transfer after the name of the transferor (see Section 80 of the Land and Conveyancing Law Reform Act 2009 ).

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

FORM 31

Lease of registered land (Rules 52 and 68)

LAND REGISTRY

County Folio

Lease dated the day of 20 .

A.B., the registered owner, in consideration of (the receipt of which is hereby acknowledged, (if appropriate) hereby demises all the property described in folio of the register County (or, the part of the property described in folio of the register County specified in Schedule 1 hereto) to C.D.

(if more than one lessee, state whether taking as joint tenants or tenants in common and if taking as tenants in common, state the shares each lessee is taking)

to hold for a term of years from at the rent of payable on

(subject to the terms, clauses, appurtenances, ancillary rights, exceptions, reservations, covenants, conditions, provisos, and charges, set out in the Schedules 2, 3, 4 etc hereto.)

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

The address of C.D., in the State for service of notices and his/her description are:

(give address and description)

Schedule (1)

(where necessary)

(to contain particulars of the part leased and a reference to the map thereof (Rule 56))

Signed (or Signed, sealed) and delivered

by A.B.

in the presence of:-

Signed (or Signed, sealed) and delivered

by C.D.

in the presence of:-

Note (1) — The standard terms, clauses, appurtenances, ancillary rights, exceptions, reservations, covenants, conditions, provisos and charges may be included in separate schedules.

Note (2) — The relevant stamp certificate issued by the Revenue Commissioners should be attached to the deed or if an exemption from stamp duty is being claimed, evidence of such exemption should be lodged pursuant to Section 104 of the Registration of Title Act 1964 , as substituted by Section 64 of the Registration of Deeds and Title Act 2006 .

Note (3) — If there is more than one lessor/lessee, the form should be amended accordingly.

FORM 32

Application by a Local Authority to be registered as owner of property vested in it under statute (Rule 82)

LAND REGISTRY

County Folio

I, A.B., Solicitor to the Local Authority of (or, give accurate description of authority) hereby apply for the registration of the said Local Authority (or, as the case may be) as owner of all the property described in folio of the register County which has been vested in it under (insert relevant statutory provision i.e. Section and Act) and I hereby certify that possession of the said property has been obtained by the Local Authority (or, as the case may be) under a decree of the Circuit Court (or, order of the District Court) dated the day of 20 , in proceedings in that Court entitled (insert title of proceedings).

Dated the day of 20 .

Signed:

FORM 33

Application for registration where the registered owner died prior to 1st June, 1959 (Rule 85)

LAND REGISTRY

County Folio

A.B., the sole registered owner (or the survivor of several registered owners) of the property comprised in folio of the register County died on the day of 19 and probate of his/her will dated the day of 19 was (or, letters of administration with his/her will dated were) granted to C.D., on the day of .

E.F. is entitled to be registered as owner of the property on foot of the deeds/documents set out in Part 1 of the Schedule hereto.

I, E.F. apply to be registered as owner of the property (subject to the burden(s) referred to in Part 2 of the Schedule hereto to the registration of which I hereby assent and I assent to the entry of the inhibition set out therein).

or

I, C.D. apply for the registration of E.F. as owner of the property (subject to the burden(s) referred to in Part 2 of the Schedule and to the entry of the inhibition set out therein (the assent of E.F. to the registration should be lodged)).

(if more than one person entitled state whether taking as joint tenants or tenants in common and if taking as tenants in common state the shares each transferee is taking)

The address of E.F. in the State for service of notices, and his/her description are:-

(give address and description)

Dated the day of 20 .

Signed:

(To be signed by the applicant and his/her signature attested. If not attested by a solicitor, an affidavit by the attesting witness may be required.)

Schedule

Part 1

(List deeds and documents upon which the application is based e.g. Transfer/Assent by personal representative(s))

Part 2

(Set out burdens (and inhibition) that are to be registered)

Note (1) — Probate or Letters of Administration or official copy should be lodged.

Note (2) — If there is more than one applicant, the form should be amended accordingly.

FORM 34

Affidavit by personal representative(s) of a registered owner relative to, burdens or other rights created by the will of the testator, or, relative to the persons by law entitled to the property on the intestacy in case of death prior to 1st June, 1959 (Rule 85)

or,

Affidavit by personal representative(s) where a person died entitled but not registered as owner in the case of death on or after the 1st June, 1959 (Rule 90)

LAND REGISTRY

County Folio

I, A.B., make oath and say—

C.D., the registered owner of the property described in folio of the register, County died testate (or, intestate) on the day of , and probate of his/her will was (or, letters of administration with his/her will annexed, or, letters of administration of his/her estate were) granted to me on the day of .

I have set out in the Schedule hereto the names of all persons entitled under the will to any estate, burden or other right in, to, or over the property described in the said folio, except those whose claims are payable primarily out of the general personal estate of the testator in exoneration of the said property, with short particulars of their interests and their addresses in the State for service of notices. None of them is a minor or person of unsound mind, except where stated in the said Schedule (Testate owner).

or,

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

I as personal representative make no claim against the said property for any money for the discharge of the funeral, and testamentary (or, administration) expenses or the debts of the said owner (or the legacies charged by his/her will on both real and personal estate that are primarily payable out of his/her personal estate).

Schedule

Name of claimant under the will or intestacy (where a minor or person of unsound mind, state that fact and name of guardian or committee) Where owner died testate, the estate, burden or right of claimant under the will; where owner died intestate, the relationship of claimant to owner Address of claimant in the State (or, where a minor or person of unsound mind, of his/her guardian or committee)
--- ---
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) — Care should be taken to set out in the Schedule the names of persons who would become entitled under the provisions of the Legitimacy Act, 1931 , and the Adoption Acts, 1952 and 1964 and the Status of Children Act 1987 .

Note (2) — If there is more than one personal representative, the form should be amended accordingly.

FORM 35

Assent by personal representative(s) to the registration of a person entitled as owner where a registered owner dies testate on or after the 1st June, 1959(Rule 86)

LAND REGISTRY

County Folio

I A. B. of make oath and say—

C.D., the registered owner of the property described in folio of the register, County died on the day of , and probate of his/her will was (or, letters of administration with his/her will annexed thereto were) granted to me on the day of .

I assent to the registration of E.F. as owner

(if more than one person entitled state whether taking as joint tenants or tenants in common and if taking as tenants in common state the shares each transferee is taking)

(subject to the charges and to the burdens and rights set out in the Schedule hereto) (see Notes (1) and (2)).

Schedule

(where necessary)

Particulars of burdens and/or rights. (It should be stated in the case of each burden or right how it was created, e.g., by will or by deed. The priority in which burdens are to be entered in the register should be clearly stated.) Name of claimant (Where a minor or person of unsound mind, that fact with name of guardian or committee or trustee(s) under Section 57 of the Succession Act, 1965 or Section 19 of the Land and Conveyancing Law Reform Act 2009 to be stated) Address in the State of claimant (or where a minor or person of unsound mind, of his/her guardian or committee or trustee(s))
--- ---
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) — Deeds or wills (other than probate of the will of the registered owner) should not be lodged. It is the responsibility of the personal representative to administer the estate of the registered owner correctly. Such administration is no concern of the Authority. The effect of all the deeds and wills must be set out correctly in the prescribed Form. See Section 61(3) of the Act as inserted therein by Section 54 (2) of the Succession Act, 1965 and as amended by the Land and Conveyancing Law Reform Act 2009 .

Note (2) — See Section 20(2) of Administration of Estates Act, 1959, and, in cases of deaths after the commencement of the Succession Act, 1965 , on 1st January 1967 (Section 52(2) of that Act). Where the trustees hold on trust for sale, the appropriate inhibition to be applied for is a restriction against all dealings by the registered owners or the survivors or survivor of them except by way of sale. Where the property is not held on trust for sale, the utmost care should be taken in framing the inhibition to ensure that while no entry should be made which would interfere with the exercise by the trustees of any authorised powers, e.g., powers of sale and charging the interests of the beneficiaries are adequately protected by the terms of the inhibition. It is not the duty of the Authority to advise on the suitability or otherwise of any particular form of inhibition nor should the terms of an inhibition be phrased in such a manner as would involve it in an enquiry into the manner in which the trusts are being administered. Normally, the interests of the beneficiaries would be adequately protected by the entry of an inhibition requiring the consent of, or notice to, the beneficiaries or, (in the case of persons of unsound mind) their committees.

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

Note (4) — If there is more than one personal representative/person entitled, the form should be amended accordingly.

FORM 36

Application by a person who claims to be entitled to be registered as owner on the assent of the personal representative(s) where a registered owner died testate on or after the 1st June, 1959 (Rule 86)

LAND REGISTRY

County Folio

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