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

I, E.F., am the person entitled referred to in the within assent (or the assent annexed hereto) of the personal representative of C.D.

I apply to be registered as owner of the property

(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 burden(s) referred to in paragraph 2 of the assent, to the registration of which I hereby assent) (and to the subsisting unregistered right referred to in said assent for the protection of which I assent to the entry of the following inhibition):

(see Form 77)

My address in the State for service of notices, and my description is:-

(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.)

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

FORM 37

Application by trustees for registration as full owners of property 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

We, G.H. and I.J., are the persons entitled referred to in the within assent (or the assent annexed hereto) of the personal representative of C.D.

We apply to be registered as owners of the property (subject to the charges burdens and rights affecting the property that have priority to the trusts on which we hold the property and we assent to the registration of such burdens and to the entry of an inhibition to protect such rights) (see Note (1)).

We apply for the entry of the following inhibition in the register on our registration — (insert restriction appropriate for the protection of rights aforesaid — see Form 77).

Our addresses in the State for service of notices and our descriptions are:-

(give address and description)

Schedule

(where necessary)

Dated the day of 20 .

Signed:

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

Note (1) — 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 (2) — If there are more than two trustees, the form should be amended accordingly.

FORM 38

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

LAND REGISTRY

County Folio

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

(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)

(give address and description).

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

FORM 39

Application by one or more personal representatives to whom property is devised as trustees on the death testate of a registered owner on or after the 1st June, 1959 (Rule 86)

LAND REGISTRY

County Folio

I

of make oath and say:-

(give address and description)

Schedule

(where necessary)

Particulars of burdens and/or rights ranking in priority to the trusts. (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 , 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) — Where the personal representatives hold the property on trust for sale the appropriate inhibition to be applied for is a restriction against all dealings by the registered owners or the survivors or survivor of them except by way of sale. Where the property is not held on trust for sale, the utmost care should be taken in framing the inhibition to ensure that while no entry should be made which would interfere with the exercise by the personal representatives of any authorised powers, e.g., powers of sale and charging, the interests of the beneficiaries are adequately protected by the terms of the inhibition. It is not the duty of the Authority to advise on the suitability or otherwise of any particular form of inhibition nor should the terms of the inhibition be phrased in such a manner as would involve 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 (2) — If there is more than one applicant, the form should be amended accordingly.

FORM 40

Transfer by the personal representative(s) to a person entitled to be registered as owner where a registered owner died testate on or after the 1st June, 1959 (Rule 87)

LAND REGISTRY

County Folio

Transfer dated the day of 20 .

A.B., the personal representative(s) of C.D., the registered owner of the property described in folio of the register County , hereby transfers all the property described in the said folio to E.F.

(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 burden(s) and right(s) that are specified in the Schedule hereto). (see Note (1))

E.F. hereby assents to the registration of the said charges and the burden(s) in the said Schedule as burden(s) on the property (and to the entry of an inhibition for the protection of the right in the said Schedule in the following terms — see Form 77).

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

(give address and description)

Schedule

(where necessary)

Particulars of burdens and/or rights (It should be stated in the case of each burden or right how it was created e.g. by will or by deed. The priority in which the burdens are to be entered in the register should be clearly stated)	Name of claimant (Where a minor or person of unsound mind, that fact with name of guardian or committee or 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, committee or trustee(s))

Signed (or, Signed, sealed) and delivered

by A.B.

in the presence of:-

Signed (or, Signed, sealed) and delivered

by E.F.

in the presence of:-

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) — This Form is to be used with appropriate modifications where the personal representative is transferring to the successor of the person entitled whether under the will or under Section III of the Succession Act. 1965, or where the property is vested in trustees (by the will or by deed after the death of the registered owner). A trust in land includes property vested in a minor; see Section 18 of the Land and Conveyancing Law Reform Act 2009 . The form should in such case include an application for the entry of an appropriate inhibition to protect the trusts on which they hold. (See Form 77). Where the trustees hold the property on trust the appropriate inhibition to be applied for is a restriction against all dealings by the registered owners or the survivors or survivor of them except by way of sale. Where the property is not held on trust 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 the 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 minors or persons of unsound mind) their committees or guardians or trustees under Section 57 of the Succession Act, 1965 or Section 19 of the Land and Conveyancing Law Reform Act 2009 .

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

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

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

FORM 41

Assent by personal representative(s) to the registration of a person entitled as owner where a registered owner died intestate on or after the 1st June, 1959 (Rule 88)

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 intestate on the day of 20 , and letters of administration of his/her estate were granted to me/us on the day of 20 .

I assent to the registration of as owner of the property

(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 specified in the schedule hereto.)

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 should not be lodged. It is the responsibility of the personal representative to administer the estate of the registered owner correctly. Such administration is no concern of the Authority. The effect of all the deeds and wills must be set out correctly in the prescribed Form lodged with the grant of representation to the estate of the registered owner. See Section 61(3) of the Act and Section 54 (2) of the Succession Act, 1965 and as amended by the Land and Conveyancing Law Reform Act 2009 .

Note (2) — The right to dower may still arise in the case of the devolution of property not subject to the provisions of Part IV of the Registration of Title Act, 1891, where the registered owner died prior to the commencement of the Succession Act, 1965 .

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 42

Application for registration by a person who claims to be entitled to be registered as owner where a registered owner died intestate on or after the 1st June, 1959 (Rule 88)

LAND REGISTRY

County Folio

I, of

am the person referred to in the within assent (or, the assent annexed hereto) of A.B., the personal representative of C.D.

I assent to the registration of the charges and the burdens and to the entry of the following inhibition to protect the other rights referred to in the said assent of A.B. (see Form 77) and I apply to be registered as owner of the said property

(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).

My address in the State for service of notices and my description is:-

(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.)

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

FORM 43

Transfer by the personal representative(s) to a person entitled to be registered as owner where a registered owner died intestate on or after the 1st June, 1959 (Rule 88)

LAND REGISTRY

County Folio

Transfer dated the day of 20 .

A.B., the personal representative of C.D. the registered owner of the property described in folio of the register County hereby transfers all the property described in the said folio to E.F.

(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 charge and to the burdens and other right(s) (see Note (2)) specified in the Schedule hereto).

E.F. hereby assents to the registration of the said charge and the burden(s) specified in the said Schedule as burdens on the property, (and to the entry of the following inhibition to protect the subsisting unregistered right(s) specified in the Schedule (see Form 77).

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

(give address and description)

Schedule

(where necessary)

Particulars of burdens and/or rights (It should be stated in the case of each burden or right, how it was created e.g., by will or by deed. The priority in which the burdens are to be entered in the register should be clearly stated)	Name of claimant (where a minor or person of unsound mind, that fact with name of guardian or committee or 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 (and, where a minor or person of unsound mind, of his/her guardian, committee or trustee(s))

Signed (or, Signed, sealed) and delivered

by A,.B.

in the presence of:-

Signed (or, Signed, sealed) and delivered

by E.F.

in the presence of:-

Note (1) — Deeds or wills should not be lodged. It is the responsibility of the personal representative to administer the estate of the registered owner correctly. Such administration is no concern of the Authority. The effect of all the deeds and wills must be set out correctly in the prescribed Form lodged with the grant of representation to the estate of the registered owner. See Section 61(3) of the Act and Section 54 (2) of the Succession Act, 1965 and as amended by the Land and Conveyancing Law Reform Act 2009 .

Note (2) — These burdens may be created in discharge of the claims of beneficiaries who have not been otherwise provided for.

Note (3) — This form is to be used with the appropriate modifications where the personal representative is transferring to the successor of the person entitled under the intestacy.

Note (4) — The relevant 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) — The right of dower may still arise in the case of the devolution of property not subject to the provisions of Part IV of the Registration of Title Act, 1891, where the registered owner died prior to the commencement of the Succession Act, 1965 .

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

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

FORM 44

Application for registration by personal representative(s) who claims to be entitled to be registered as owner on the death intestate of a registered owner on or after the 1st June, 1959 (Rule 89)

LAND REGISTRY

County Folio

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

(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)

(and I assent to the registration of the said burden(s) and to the entry of the following inhibition to protect the subsisting unregistered right(s)) (see Form 77)).

(give address and description).

Schedule

(where necessary)

Particulars of burdens and/or rights (It should be stated in the case of each burden or right, how it was created e.g., by will or by deed. The priority in which the burdens are to be entered in the register should be clearly stated)	Name of claimant (where a minor or person of unsound mind, that fact with name of guardian or committee or 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 (and, where a minor or person of unsound mind, of his/her guardian, 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) — The right to dower may still arise in the case of the devolution of property not subject to the provisions of Part IV of the Registration of Title Act, 1891, where the registered owner died prior to the commencement of the Succession Act, 1965 on 1st January 1967.

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

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

FORM 45

Application for registration as owner by a person entitled on the determination of the estate or interest of a registered limited owner—

• (1) where the settlement was created by the will of a registered owner who died on or after the 1st June, 1959, and registration of the limited owner thereunder is made after the commencement of the Succession Act, 1965 ,

or,

• (2) where the settlement was created by the personal representative and the persons claiming on the death of a registered owner who died on or after the 1st June, 1959, and registration of the limited owner is effected after the commencement of the Succession Act, 1965 , (Rule 93)

LAND REGISTRY

County Folio

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

(see Note (1))

(or if the estate or interest of the limited owner determined otherwise than on death, state the facts that show it has determined).

My estate or interest in the property is not subject to any burdens or rights (other than those specified in Instrument ).

or,

The settlement created the burdens or rights on my estate or interest in the property that are set in the third Schedule to Instrument and in the Schedule hereto. Of these, those specified in the second part of the Schedule hereto have determined or have been discharged. (I refer to the receipts/releases specified in the 2nd column of the said Schedule in evidence (see Note (2)) thereof). I assent to the registration of the other burdens in the said Schedule as burdens on my estate or interest in the property.)

or,

The trustees of the settlement are dead and no new trustees of it have been appointed. The last surviving trustee was and his/her personal representative is of (or, and no representation has been raised to him/her).

or,

The present trustees of the settlement are and I refer to the order (or deed) by which they were appointed which accompanies this application.

(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 burdens set out in the first part of the Schedule hereto to the registration of which I assent, and to the unregistered right for the protection of which I apply for the entry of the following inhibition (see Form 77).

(give address and description)

Schedule

(The Schedule is only to be divided into parts where some of the burdens have been discharged)

Part I

Particulars of burdens and rights created by the settlement that affect estate or interest of applicant.	Name of claimant (Where a minor or person of unsound mind, that fact with name of guardian or committee or 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 (and, where a minor or person of unsound mind, of his/her guardian, committee or trustee(s)).

Part II

Particulars of burdens and rights created by the settlement that have ceased to affect estate or interest of applicant.	Documents accompanying application in proof of discharge or cesser of burdens or rights (see Note (2)).
---	---
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 application may also be made by the trustees of the settlement. Where made by them, appropriate modifications of the form are to be made, and the assent of the owner to the registration of any burdens affecting his/her estate or interest should be lodged.

Note (2) — Where there are trustees of the settlement and they endorse on the application an admission of the discharge or cesser of any burden created by the settlement, no further evidence of its discharge or cesser is necessary.

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

FORM 46

Application for registration as owner by a person entitled on the determination of the estate or interest of a registered limited owner in all cases where Form 45 is not appropriate, e.g.,

• (1) where the settlement was created by deed by a registered owner,

or

• (2) where the settlement was created by the personal representative and the persons claiming on the death of a registered owner and registration of the limited owner was effected prior to the commencement of the Succession Act, 1965 ,

or

• (3) where the settlement was created by the will of a registered owner and registration of the limited owner was effected prior to the commencement of the Succession Act, 1965 ,

or

• (4) where the settlement was created (a) by the will of a registered owner who died prior to the 1st June, 1959, or (b) by the personal representative and the persons claiming on the death of such a registered owner and registration of the limited owner is effected after the commencement of the Succession Act, 1965 (Rule 93)

LAND REGISTRY

County Folio

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

(see Note (1))

(If there were estates or interests prior to the estate or interest of the applicant under the settlement which have determined, they should be referred to and the facts stated which show that they have determined. The application must show that the applicant is entitled in possession.)

or,

The settlement created the burden(s) or right(s) on my estate or interest in the property that is (or, are) set out in the Schedule hereto.

or,

The settlement created the burdens or rights on my estate or interest in the property that are set out in the Schedule hereto. Of these, those specified in Part II of the Schedule have determined or have been discharged. (I refer to the documents specified in the 2nd column of the said Schedule in evidence (see Note (2)) thereof.)

or,

The trustees of the settlement are dead and no new trustees of it have been appointed. The last surviving trustee was and his/her personal representative is of (or, and no representation has been raised to him/her).

or,

The present trustees of the settlement are and I/we refer to the order (or, deed) by which they were appointed and to their consent to my registration, which accompanies this application.

(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 burdens set out in Part I of the Schedule hereto to the registration of which I assent, and to the unregistered right for the protection of which I apply for the entry of the following inhibition. (See Form 77).

(give address and description)

Schedule

(The Schedule is only to be divided into parts where some of the burdens have been discharged)

Part I

Particulars of burdens and rights created by the settlement that affect estate or interest of applicant	Name of claimant (Where a minor or person of unsound mind, that fact with name of guardian or committee or 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 (and, where a minor or person of unsound mind, of his/her guardian, committee or trustee(s))

Part II

Particulars of burdens and rights created by the settlement that have ceased to affect estate or interest of applicant	Documents accompanying application in proof of discharge or cesser of burdens or rights (see Note (2))
---	---
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

Consent of trustees of settlement to the registration of successor to registered limited owner, to be endorsed on application

We. G.H. and I.J. of , the trustees of the settlement under which C.D. was registered as limited owner on folio County have read the within application of A.B., for registration as owner on the said folio.

The statements in paragraphs 1, 2, 3 and 4 of the said application are accurate.

We have no notice of any dealing by A.B. with his/her estate or interest in the property under the settlement that is not disclosed in the application (or, as the case may be). We consent to the registration of A.B. as owner on the said folio free from the burdens or rights created or arising under the said settlement (or, subject only to the burdens or rights created or arising under the said settlement specified in the Schedule (or, Part I of the Schedule) to the within application, which are the only burdens or rights in the settlement that now affect the estate or interest of A.B. thereunder).

Dated this day of 20 .

Signed:

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

Note (1) — The application may also be made by the trustees of the settlement. Where made by them, appropriate modifications of the form are to be made, and the assent of the owner to the registration of any burdens affecting his/her estate or interest should be lodged.

Note (2) — Where there are trustees of the settlement and they consent in the prescribed form to the registration, no evidence of the discharge of any burden created by the settlement other than their admission of its discharge or cesser is necessary.

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

FORM 47

Application for registration by surviving joint tenant(s) (Rule 94)

LAND REGISTRY

County Folio

I, (hereinafter referred to as “the deponent”) of make oath and say:

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) — If there are two or more surviving joint tenants the form should be amended accordingly.

Note (2) — Where there are no surviving joint tenants, the Affidavit should be made by the Personal Representative of the last surviving joint tenant. The Grant of Probate/Letters of Administration of said tenant will be required.

Note (3) — The death may also be proved by the production of probate or letters of administration or such other proof as the Authority deem sufficient (Rule 94(2)).

Note (4) — If the solicitor for the applicant is applying he/she should state he/she is solicitor for the surviving registered owner and sign the form, which is not required to be on affidavit in such a case.

FORM 48

Assent to the registration of a burden (Rule 97)

LAND REGISTRY

County Folio

A.B., of hereby assents to the registration of the burden specified in the Schedule (or, Part I of the Schedule) hereto as a burden on the property described in folio of the register County or, on the part of the property described in folio of the register County specified in Part II of the said Schedule).

Schedule

(The Schedule is to be divided into parts only where the burden is to be registered against part of the property described in a folio.)

Part I

To contain particulars of the burden to be registered as stated in the instrument creating it.

Part II

To contain particulars of the part of the property in the folio on which the burden is to be registered.

Dated the day of 20 .

Signed:

(To be signed by the person authorised by Section 69 of the Act, or Rule 96(1) to concur in the registration of the burden, or his/her solicitor. Where signed by the solicitor, he/she must state explicitly that he/she is solicitor for the person authorised to concur. Where signed personally by the person authorised to concur, his/her signature is to be attested.)

FORM 49

Charge for a principal sum (Rules 52 and 105)

LAND REGISTRY

County Folio

Charge dated the day of 20 .

A.B., the registered owner, (or the person entitled to be registered as owner) in consideration of euro (€ ) paid to him/her by C.D., hereby charges all the property described in folio of the register County with payment to C.D., on the day of 20 , of the principal sum of euro (€ ) with interest thereon at per cent per annum payable half-yearly on the day of and every year, and A.B. hereby covenants for payment of the principal sum and assents to the registration of the charge as a burden on the said property.

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) — Any of the following or similar or other covenants or stipulations may be added to the Form, if required:-

• (i) The interest secured by the charge shall be reduced to per cent in every half-year in which it is paid within days after it becomes due.

• (ii) The principal sum shall not be called in until the day of 20 , unless the interest shall fail to be paid within days after it becomes due.

• (iii) Where the interest is paid within days after it becomes due, the principal shall be payable by instalments of € each to be paid on the day of in every year.

• (iv) The whole or any part (not less than € at any one time) of the principal may be paid on any day on which interest becomes due on giving months notice in writing of the intention to do so, and on paying all interest that may be due at the time of such payment of principal.

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

Note (3) — Where desired, the covenants for title implied by the chargor charging “as beneficial owner” may be incorporated by inserting these words in the deed of charge after the name of the chargor. See Section 80 of the Land and Conveyancing Law Reform Act 2009 .

FORM 50

Charge for future advances (Rules 52 and 105)

LAND REGISTRY

County Folio

Charge dated the day of 20 .

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

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

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

(give address and description)

Schedule

(Description of property charged)

Signed (or, Signed, sealed) and delivered

by A.B

in the presence of:

Signed (or, Signed, sealed) and delivered

by C.D.

in the presence of:

Note (1) — Where desired, the covenants for title implied by the chargor charging “ as beneficial owner” may be incorporated by inserting these words in the deed of charge after the name of the chargor. See Section 80 of the Land and Conveyancing Law Reform Act 2009 .

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

FORM 51

Charge for present and future advances (Rules 52 and 105)

LAND REGISTRY

MORTGAGE

Date:	Date:
Secured Party:
Mortgagor:
Mortgaged Property:The property comprised in Folio ALL THAT the property known as.	County(use a continuation sheet if necessary)
General Mortgage Conditions:This Mortgage incorporates the Loan Mortgage Conditions as if they were set out in this Mortgage in full and the Mortgagor acknowledges that the Mortgagor has been given a copy of the General Mortgage Conditions and has read them and agrees to be bound by them. The term ‘Secured Liabilities’ has the meaning given in the ‘General Conditions’.	General Mortgage Conditions:This Mortgage incorporates the Loan Mortgage Conditions as if they were set out in this Mortgage in full and the Mortgagor acknowledges that the Mortgagor has been given a copy of the General Mortgage Conditions and has read them and agrees to be bound by them. The term ‘Secured Liabilities’ has the meaning given in the ‘General Conditions’.
Mortgage:As security for the payment and discharge of the Secured Liabilities, the Mortgagor as beneficial owner (and also in the case of registered land as registered owner or as the person entitled to be registered as registered owner) hereby charges in favour of the Secured Party the Mortgaged Property with the payment of the Secured Liabilities, and assents to the registration of this charge as a burden on the Mortgaged Property.	Mortgage:As security for the payment and discharge of the Secured Liabilities, the Mortgagor as beneficial owner (and also in the case of registered land as registered owner or as the person entitled to be registered as registered owner) hereby charges in favour of the Secured Party the Mortgaged Property with the payment of the Secured Liabilities, and assents to the registration of this charge as a burden on the Mortgaged Property.
Signatures:	Signatures:
Signed and Delivered as a deed:..............	Signed and Delivered as a deed:..............
Signature of witness:..............	Signature of witness: ..............
Name of witness:..............	Name of witness: ..............
Address of witness:..............	Address of witness: ..............
Occupation of witness: ..............	Occupation of witness:..............(use a continuation sheet for additional signatories)
Note — For execution and the attestation of the execution of a charge — see Rules 54 and 55.	Note — For execution and the attestation of the execution of a charge — see Rules 54 and 55.

FORM 52

Specific charge for present and future advances arising on the creation of a commercial mortgage or debenture (Rules 52 and 105)

LAND REGISTRY

SPECIFIC CHARGE

Date:	Date:
Secured Party:
Mortgagor:
Mortgaged Property:The property comprised in Folio ALL THAT the property known as.	County(use a continuation sheet if necessary)
Mortgage Conditions:This Mortgage incorporates the Mortgage Conditions in Mortgage/Debenture of even date, between the parties herein, as if they were set out in this Mortgage in full. The term “Secured Liabilities” has the meaning given in the Mortgage Conditions.	Mortgage Conditions:This Mortgage incorporates the Mortgage Conditions in Mortgage/Debenture of even date, between the parties herein, as if they were set out in this Mortgage in full. The term “Secured Liabilities” has the meaning given in the Mortgage Conditions.
SPECIFIC CHARGE:As security for the payment and discharge of the Secured Liabilities, the Mortgagor as beneficial owner (and also in the case of registered land as registered owner or as the person entitled to be registered as registered owner) hereby charges in favour of the Secured Party the Mortgaged Property with the payment of the Secured Liabilities, and assents to the registration of this charge as a burden on the Mortgaged Property.The Mortgagor acknowledges that the charge hereby created forms one transaction with the security created in the aforesaid Mortgage/Debenture of even date for payment of the Secured Liabilities.	SPECIFIC CHARGE:As security for the payment and discharge of the Secured Liabilities, the Mortgagor as beneficial owner (and also in the case of registered land as registered owner or as the person entitled to be registered as registered owner) hereby charges in favour of the Secured Party the Mortgaged Property with the payment of the Secured Liabilities, and assents to the registration of this charge as a burden on the Mortgaged Property.The Mortgagor acknowledges that the charge hereby created forms one transaction with the security created in the aforesaid Mortgage/Debenture of even date for payment of the Secured Liabilities.
Signatures:	Signatures:
Signed and Delivered as a deed:..............	Present when the common seal of the mortgagor was affixed hereto:..............
Signature of witness:..............	Signature of witness: ..............
Name of witness:..............	Name of witness: ..............
Address of witness:..............	Address of witness: ..............
Occupation of witness: ..............	Occupation of witness:..............(use a continuation sheet for additional signatories)
Note — For execution and the attestation of the execution of a charge — see Rules 54 and 55.	Note — For execution and the attestation of the execution of a charge — see Rules 54 and 55.

FORM 53

Charge by personal representative for moneys that he/she is liable to pay as personal representative (Rules 52, 96 and 105)

LAND REGISTRY

County Folio

Charge dated the day of 20 .

A.B. the personal representative of C.D., the registered full owner, hereby charges all the property described in folio of the register County , with all moneys (or, all moneys not exceeding € ) that the personal representative of C.D. is liable to pay.

E.F. being the applicant for registration as owner under the (assent or transfer) dated from A.B. the said personal representative hereby assents to the registration of the charge as a burden on the property.

Signed (or, Signed, sealed) and delivered

by A.B.

in the presence of:-

Signed (or, Signed, sealed) and delivered

by E.F.

in the presence of:-

Note (1) — For execution and the attestation of the execution of a charge — see Rules 54 and 55.

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

FORM 54

Application for registration of a crystallised floating charge (Rule 107)

LAND REGISTRY

County Folio

I am the solicitor for A.B. (insert full name and address of the applicant) who is the applicant for registration of the crystallised charge as a burden on the property comprised in folio of the register County .

I enclose herewith the original and duplicate (or attested copy)

• (a) Debenture dated made between C.D. of the one part and E.F. of the other part.

• (b) Deed of Appointment of Receiver dated made between E.F. of the one part and A.B. of the other part under which the said A.B. was appointed receiver.

C.D is the registered owner of the said folio which is the property affected by the crystallised charge.

I apply for registration of the crystallised charge as a burden on the said folio.

Dated this day of 20 .

Signed:

FORM 55

Entry of crystallised charge to be made in the register (Rule 107(2))

“Crystallised charge arising from the appointment of as receiver of by Deed of Appointment dated day of 20 made between of the one part and of the other part under Debenture dated day of 20 made between of the one part and of the other part.”

FORM 56

Transfer of charge (Rules 52 and 105)

LAND REGISTRY

County Folio

Transfer dated the day of 20 .

In consideration of euro (€ ) paid to him/her, the receipt of which is hereby acknowledged), A.B., the registered owner (or, the personal representative of the registered owner) hereby transfers to C.D. the charge for registered on the day of 20 (or, at Entry No. ) as a burden on the property described in folio of the register County .

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

Note (2) — 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 .

FORM 57A

Requisition for cancellation of a charge by its registered owner (Rules 52 and 101)

LAND REGISTRY

County Folio

Discharge dated the day of 20 .

A.B., the registered owner of a charge for registered on the day of (or, at Entry No. ) as a burden on the property described in folio(s) of the register, County , hereby requires a note of the cancellation of the said charge, as a burden on the said property (or, the part of the said property specified in the Schedule hereto) to be entered in the said folio(s) of the register.

Schedule

(where necessary)

Signed (or, Signed, sealed) and delivered

by A.B.

in the presence of:-

Note — This form suitably adapted may be used for the cancellation of other burdens.

FORM 57B

Requisition for cancellation of a charge where its registered owner does not concur (Rules 52 and 101)

LAND REGISTRY

County Folio

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

I am the registered owner of the property described in folio County .

On the day of 20 , a charge for was registered in favour of C.D. of at Entry No.

I have never made any payment of principal or interest on foot of the said charge (or, no payment of principal or interest on foot of the said charge has been made by me since , or, as the case may be). No claim was ever made against me (or, as the case may be) and no acknowledgement was ever given by me, in respect of the said charge (or, as the case may be).

The address of C.D., the registered owner of the charge is

or,

The said C.D., the registered owner of the charge died on the day of and I beg to refer to a copy of his/her Death Certificate marked with the letter "A" on which I have signed my name prior to the swearing hereof. I say that the said referred to on said Death Certificate is one and the same as the registered owner of the charge.

His/her personal representatives are E.F. and G.H. of

or,

The said C.D. the registered owner of the charge died intestate and no representation was raised to his/her estate and the following are the names and addresses of all his/her next-of-kin:-

I apply that the charge be cancelled.

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 may be adapted where the applicants predecessor in title was the registered owner at the date of the registration of the charge with additional averments that such predecessor made no payment, etc., and as to the applicants sources of knowledge.

Note (2) — This form may also be adapted where it is claimed that the charge was paid but no receipt is available.

Note (3) — This form may also be adapted where it is claimed that a charge by way of annuity has been paid in full or where the Statute of Limitations, 1957, is invoked in respect of arrears.

Note (4) — This form suitably adapted may be used for the cancellation of other burdens.

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

FORM 58

Application in electronic form for cancellation of the entry of a charge (Rule 102)

LAND REGISTRY

I hereby apply for cancellation of the entry/entries set out in the Schedule hereunder.

I hereby certify that I am duly authorised to make such application.

Schedule

Description of charge(s) to be discharged must include folio number(s) and entry number(s).

Applicant:

(Name of duly authorised officer)

Date:

FORM 59A

Application for cancellation of property adjustment order by solicitor (Rule 103)

LAND REGISTRY

County Folio

I, A.B. solicitor for

hereby certify that the property adjustment order registered as a burden at entry no. on the above folio has been complied with in full, insofar as it affects the property comprised in said folio, and I hereby apply for cancellation of the said entry.

Dated the day of 20 .

Signed:

FORM 59B

Application for cancellation of property adjustment order by the beneficiary of the order (Rule 103)

LAND REGISTRY

County Folio

I, C.D. hereby make oath and say as follows:-

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 59C

Application for cancellation of property adjustment order by the parties to the proceedings (Rule 103)

LAND REGISTRY

County Folio

Whereas there is registered as a burden at Entry No. on the above folio

a property adjustment order under Section 9 or 18 of the Family Law Act 1995 , (or Section 14 or 22 of the Family Law (Divorce) Act 1996 ) (or Section 118 or 131 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ) and whereas the said order has been complied with in full insofar as it affects the property comprised in the said folio.

Now we, G.H. and I.J., the parties to the proceedings, hereby consent to, and apply for, cancellation of the said entry.

Dated this day of 20 .

Signed by the said G.H.

In the presence of

Signed by the said I.J.

In the presence of

FORM 60

Application for registration of a judgment as a judgment mortgage (Rule 110)

LAND REGISTRY

The High Court

(or Circuit Court Circuit)

(or District Court)

Record No:

County Folio

I, (insert name of deponent) of the creditor within the meaning of Section 115 of the Land and Conveyancing Law Reform Act 2009 make oath and say as follows:-

Between:

Plaintiff

and

Defendant

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

I certify that judgment was obtained in the above entitled action in the High Court (or Circuit Court Circuit) (or District Court).

Dated the day of 20

*Signed:

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

Note — “The creditor within the meaning of Section 115 of the Land and Conveyancing Law Reform Act 2009 ” (which includes an agent for the judgment debtor or one or some of several creditors) may not be the same as the “judgment creditor” who is one of the parties to the action/matter/cause and usually but not exclusively the plaintiff (the “judgment debtor” is usually but not exclusively the defendant).

FORM 61

Entry to be made in the register of a judgment as a judgment mortgage (Rule 110(2))

A judgment mortgage in respect of a judgment obtained by (judgment creditor) against (judgment debtor) on the day of , in the High Court (or, in the Circuit Court Circuit) (or in the District Court ) Record Number in a cause (or action or matter) of (plaintiff) -v- (defendant) on the interest of (judgment debtor) in the property.

FORM 62

Notice of the registration in the Registry of a judgment as a judgment mortgage (Rule 112)

LAND REGISTRY

County Folio

NOTICE

The Property Registration Authority,

(address of appropriate office)

Sir, (or, Madam),

You are hereby given notice of the registration of a judgment mortgage in respect of a judgment obtained on the day of against (judgment debtor) in the High Court (or, Circuit Court Circuit) (or in the District Court ) Record Number in a cause (or, action or matter) of (plaintiff) v (defendant) as a burden on the interest of (judgment debtor) in the property described in folio of the register County of which is the registered owner.

You are served of this notice as judgment debtor and or as registered owner of folio .

Dated this day of 20 .

Signed:

To:

(insert name and address of registered owner or notice party)

Note (1) — For your information please note the following in relation to judgment mortgages. Where a creditor is owed money by a debtor it is open to him/her to apply to the court for a judgment. To affect registered property, a judgment given by a court has to be registered in the Land Registry and it then becomes a judgment mortgage.

Note (2) — The function of the Property Registration Authority in this matter is purely administrative. If you have any queries they should be addressed to the plaintiff.

FORM 63

Requisition by a judgment creditor for the cancellation in the register of an entry of a notice of deposit of an affidavit of judgment as a mortgage or an entry of judgment mortgage (Rule 114)

LAND REGISTRY

County Folio

A.B., the judgment creditor specified in an affidavit of judgment (or, in an application for registration of a judgment mortgage) registered on the day of at entry number as a burden on the interest of (judgment debtor) in the property described in folio of the register County , hereby requires the cancellation in the said folio of the entry of the notice of deposit of the said affidavit (or, the entry of judgment mortgage).

Dated the day of 20 .

Signed by the said

A.B.

in the presence of:

Note — This application for cancellation may also be made by the personal representative of the judgment creditor.

FORM 64

Requisition for registration of a lis pendens as a burden (Rule 119)

LAND REGISTRY

County Folio

To the Property Registration Authority

(address of appropriate office)

Sir/Madam,