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State In force superseded text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

The memorandum hereunder written contains the particulars of a lis pendens registered in the Central Office of the High Court which I require to be registered as a burden on the interest of the person hereunder mentioned in the property described in folio of the register, County .

(If part only of a folio the relevant part should be described by reference to a map (Rule 56).)

Signed:

(by the applicant or by his/her solicitor who must name the party for whom he/she is acting)

Memorandum

Name of person whose interest is intended to be affected Usual or last known place of abode of such person (or registered office if company) Description of such person

Title and Record Number of action or proceedings:

High Court (or Circuit Court)

Between

Plaintiff

and

Defendant

Record No.

Particulars of the claim made or the relief sought in cause or matter in respect of the registered property:

Dated the day of 20 .

Note — This application is to be accompanied by the memorandum of registration of the lis pendens in the Central Office of the High Court [Section 121 Land and Conveyancing Law Reform Act 2009].

FORM 65

Entry of lis pendens in the register (Rule 119)

Proceedings affecting the interest of C.D. in the property are pending in the High Court (or, Circuit Court Circuit), Record Number in a cause (or, matter) of.

FORM 66

Entry of recognisance in the register (Rule 120)

A recognisance acknowledged by A.B. before C.D. on the day of in the sum of € affects the interest of A.B. in the property.

FORM 67

Grant of a right of way by registered full owner of property for the benefit of other registered property (Rule 121)

LAND REGISTRY

County Folio

Grant dated the day of 20 .

In consideration of , A.B., the registered owner of the property described in folio (insert folio no. of property of A.B.) of the register County , hereby grants to C.D., the owner of the property described in folio (insert folio no. of property of C.D.) of the register County , and his/her and their licensees, full right and liberty at all times and for all purposes on foot and with or without animals or vehicles to pass and repass over the part of the property described on the said folio (insert folio no. of property of A.B.) forming the way leading from to and lettered (or, tinted) on the map annexed hereto, and A.B., hereby assents to the registration of the said right as a burden on the said part of the property lettered (or, tinted) on said map.

Signed (or, Signed, sealed) and delivered

by A.B.

in the presence of:-

Note (1) — Where the right is to be limited, or is to be subject to obligations to repair etc., the form may be adapted accordingly (Rule 52). In all cases the right of way should be shown on an application map (Rule 56).

Note (2) — Where there is a monetary consideration for the grant, a receipt clause should be incorporated in the deed.

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

FORM 68

Application for registration of easement or profit à prendre acquired by prescription (Rule 46 and Section 49A)

LAND REGISTRY

County Folio (if registered land)

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

1.

I, (and my predecessors in title) have enjoyed the easement/profit à prendre specified in the First Schedule hereto, continuously (without interruption) and openly for upwards of years without permission. (see Note (1))

2.

(Describe how and when the user period began and set out such facts as are relied upon in support of the applicants claim to have established his right. The applicant must establish that there was at all material times a capable grantor and grantee, that the right was capable of forming the subject matter of a grant, that the right claimed was acquired by prescription and was not a public right of way, customary right, franchise or licence, nor acquired by express grant or reservation nor is it an easement of necessity, that there has been the requisite period of user, that the exercise of the right has been without force, without secrecy and without permission and that the grant of the right would not have been illegal).

3.

I am entitled for my own benefit to the property specified in the Second Schedule which enjoys the benefit of the right claimed (describe how the property so benefits). (Where the property is unregistered the application must be accompanied by an application for first registration pursuant to Rules 14 to 19). (see Note (2))

4.

The property over which the right is exercised is set out in the Third Schedule and the name and address (if known) of the owner is supplied for notice purposes. (see Note (3))

5.

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

6.

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

7.

I apply that the foregoing right be-

  • (a) registered as a burden within Section 69(1)(j) of the Act, (provided that the servient land is registered land),
  • (b) entered in the register as an appurtenance pursuant to Section 82 of the Act or, in the case of a profit à prendre held in gross entered in the register of ownership maintained under Section 8(b)(i) of the Act.

First Schedule

Description of easement or profit à prendre:
(To contain a full and unambiguous description of the easement or profit à prendre by reference to an application map suitably marked see Rules 29 and 56)

Second Schedule

(see Note (2))

Description of dominant land owned by applicant:
(By reference to folio number if the land is registered. If part only of the folio or if an application for first registration being made by reference to property edged red on the application map)

Third Schedule

Description of servient land and name and address of the owner (if known):
(By reference to folio number if the land is registered. If servient land is unregistered, by reference to property edged red on the application map.)
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) — Up until the 30th November 2021, an application under Section 49 of the Act, can only be established pursuant to the law on prescription prior to the Land and Conveyancing Law Reform Act, 2009 (“the 2009 Act”) i.e. at common law, under the doctrine of lost modern grant or pursuant to the Prescription Act, 1832, applied in Ireland by the Prescription (Ir) Act, 1858. The transitional provisions of Section 38 of the 2009 Act [as extended by Section 38 of the Civil Law (Miscellaneous Provisions) Act, 2011], provide for the establishment of a claim either already acquired prior to the 1st December 2009 or in the process of being acquired under the law prior to the 2009 Act, up until 30th November 2021. The application should clearly demonstrate that the applicant is entitled to the easement or profit à prendre claimed under the law applicable prior to the commencement of Chapter 1 of Part 8 of the 2009 Act immediately before the date of application.

Note (2) — Paragraph 3 of Form 6 and the Second Schedule can be omitted where the application is for registration of a profit à prendre held in gross.

Note (3) — Where the owner (where known) of the land in the Third Schedule is deceased, details to be provided of his/her personal representative. If there is no personal representative, details of his/her next of kin are to be provided for service of notice.

Note (4) — If the Authority is not satisfied that there is an entitlement to the easement or profit à prendre or if an objection raises doubt as to the applicant’s entitlement the application may be refused. It would then be open to the applicant to make an application to the court under Section 35 of the Land and Conveyancing Law Reform Act 2009 .

FORM 69

Notice of application for registration of an easement or profit à prendre acquired by prescription (Rule 46)

LAND REGISTRY

County Folio (if registered land)

NOTICE

Sir, (or, Madam),

You are hereby given notice that an application has been made by for the registration of an easement (or profit à prendre) specified in the First Schedule hereto (which benefits the land specified in the Second Schedule hereto). (see Note)

The applicant claims to be entitled to the said easement (or profit à prendre) on the basis that the relevant requirements set out in Sections 33 to 38 of the Land and Conveyancing Law Reform Act 2009 have been complied with. The applicant claims that he/she (and his/her predecessors in title) have enjoyed the said easement (or profit à prendre) continuously (without interruption) and openly for upwards of years without permission.

You are served of this notice as owner (or as personal representative or next of kin of the owner etc as appropriate) of the land the subject of the claimed easement (or profit à prendre) set out in the Third Schedule hereto (or in case the application affects you in any way).

Any objection by you to the registration applied for should be on affidavit and should set out the grounds of your objection. Failing receipt from you, within days from your receipt of the notice, of any sustainable objection the application will be proceeded with without further reference to you [and (where the servient land is registered) the said easement (or profit à prendre) will be registered as a burden on the folio set out in the Third Schedule hereto].

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

First Schedule

Description of easement or profit à prendre:

Second Schedule

(see Note)

Description of dominant land owned by applicant:

Third Schedule

Description of servient land:

Dated the day of 20 .

Signed:

To:

(Insert name and address of notice party)

Note — Omit “(which benefits the land specified in the Second Schedule hereto)” and Second Schedule if application relates to a profit à prendre in gross.

FORM 70

Requisition for caution against dealings by a registered owner (Rule 122)

LAND REGISTRY

County Folio

A.B. hereby requires that no dealing (or, no dealing in favour of or, no charge, or, as the case may be) by the registered owner with the property described in folio of the register County , (or, with the part of the property described in folio of the register County , edged in red on the map annexed hereto) be registered until notice has been served on him/her.

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

(give address and description)

Dated the day of 20

Signed:

(To be signed by the cautioner or his/her solicitor. Where signed by cautioner, his/her signature is to be attested (Rule 54).)

Note — Where the caution is to be limited to dealings in favour of a named person or to a particular class of dealings, the requisition must state so specifically.

FORM 71

Affidavit in support of caution (Rule 122)

LAND REGISTRY

County Folio

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

My interest in the property referred to in the within caution is as follows:-

(State the facts and refer to the documents (if any) giving rise to, or creating a right in favour of the cautioner in, to or over 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

(To be sworn by the cautioner or with the necessary modifications, by his/her solicitor).

Note — In the case of a caution lodged on behalf of a statutory authority, the certificate prescribed by Section 97(6) of the Act may be in this form, suitably adapted, and signed by the solicitor to the statutory authority.

FORM 72

Notice to registered owner of entry of caution (Rule 122)

LAND REGISTRY

County Folio

NOTICE

Property Registration Authority,

(address of appropriate office)

Sir, (or, Madam),

You are hereby given notice that A.B. of has registered a caution in folio of the register, County against the registration of any dealing (or, as the case may be) by you with the property described therein of which you are the registered owner (or, with the charge registered in the said folio on the day of of which you are the registered owner) until notice thereof has been served on him/her.

Short particulars of the right for the protection of which the caution has been registered are given in the Schedule hereto.

Schedule

Dated the day of 20 .

Signed:

To:

(Insert name and address of registered owner)

FORM 73

Warning notice to cautioner of dealing lodged (Rule 123)

LAND REGISTRY

County Folio

WARNING NOTICE

Property Registration Authority,

(address of appropriate office)

Sir, (or, Madam),

You are hereby given notice that the dealing specified in the Schedule hereto has been received for registration. The caution entered by you on the day of 20 against dealings by the registered owner of the property described in folio of the register County (or, of the charge registered on the day of in folio of the register County ), until notice has been served on you, will cease to have effect after the expiration of 21 days from the service of this notice, and registration under the dealing will proceed unless an order to the contrary is made by the Property Registration Authority.

Any application by you for a stay of registration 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 cautioner)

Note (1) — Notice period can be varied (see Rule 123(2)).

Note (2) — This form can be adapted as appropriate in the case of an inhibition (see Rule 135(1)).

FORM 74

Warning notice to cautioner of an application by the registered owner to cancel a caution (Rule 123)

LAND REGISTRY

County Folio

WARNING NOTICE

Property Registration Authority,

(address of appropriate office)

Sir, (or, Madam),

You are hereby given notice that the registered owner of the property described in folio of the register County (or, of the charge registered on the day of 20, on the property described in folio of the register County ) has applied to the Property Registration Authority to cancel the caution entered by you against dealings by him/her. Short particulars of the grounds of his/her application are stated in the Schedule hereto. Your caution will cease to have any effect and will be cancelled in the register after the expiration of days from the service of this notice unless an order to continue the caution is made by the Authority.

Any application by you to the Authority to continue the caution 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 cautioner)

Note — Notice period can be varied (see Rule 123(2)).

FORM 75

Application by cautioner for withdrawal of caution (Rule 126)

LAND REGISTRY

County Folio

A.B. hereby applies for the withdrawal of the caution entered in his/her name on the day of against dealings by the registered owner of the property (or, the part of the property shown on the plan annexed hereto and) described in folio of the register County (or, of the charge registered on the day of on the property described in folio of the register County ).

Dated the day of 20 .

Signed:

(To be signed by the cautioner or his/her solicitor, where signed by the cautioner, his/her signature is to be attested (Rule 54).)

Note — The personal representative of the cautioner may also make the application, the necessary alterations to the form being made.

FORM 76

Application to the Authority for the entry of an inhibition in a register (Rule 130)

LAND REGISTRY

County Folio

A.B. of hereby applies to the Property Registration Authority for the entry of an inhibition against dealings with the property (or, with the part of the property specified in the Schedule hereto) described in folio of the register County (or, with the charge or, burden registered on the day of on the property described in folio of the register County ).

The grounds of the application are:

(refer to document creating the unregistered right, and state shortly its effect: or, if there is no document creating the right, refer to the affidavit that discloses the facts giving rise to the right).

The inhibition applied for is:

(state clearly the terms of the inhibition — see Rule 128(2) and Form 77).

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

(give address and description).

Schedule

Dated the day of 20 .

Signed:

(To be signed by the applicant or his/her solicitor, where signed by the applicant, his/her signature is to be attested (Rule 54).)

FORM 77

Forms of inhibition (Rule 128)

i. No registration under a disposition by or transmission from the registered owner, except a transfer on sale, is to be made without prior notice to .

ii. No registration under a disposition for value by the registered owner (of the part of the property shown as plan edged red on the registry map of the property, or, other description identifying the part of the property with which dealings are to be restricted) is to be made during the lives of A and B and the survivor without their consent or the consent of the survivor.

iii. No registration is to be made under a disposition for value by the registered owner(s), except a transfer on sale, (such transfer during the lives of A and B and the survivor to be made with their or his or her consent, and no registration under a voluntary disposition is to be made except with the consent of A and B and the survivor, and after the death of the survivor, with the approval of the Property Registration Authority after inquiry into title).

iv. No registration under any disposition (for value) by the registered owner is to be made except under order of the Property Registration Authority (after inquiry into title).

v. Where the number of the registered owners is reduced below two, no registration under a disposition by or transmission from the surviving owner is to be made except after notice to (or, except with the consent of , or, except under order of the Property Registration Authority).

vi. No registration under a disposition by the registered owner is to be made until (state the time that is to elapse, or the event that is to occur, before registration may be made).

FORM 78

Notice of an application for the entry of an inhibition (Rule 131)

LAND REGISTRY

County Folio

NOTICE

Property Registration Authority,

(address of appropriate office)

Sir, (or, Madam),

You are hereby given notice that an application has been made to the Property Registration Authority by for entry in the register of an inhibition restricting dealings by with the property described in folio of the register, County .

The grounds of the application are stated in the Schedule hereto.

On the facts disclosed the Authority proposes to enter in the said folio an inhibition in the following terms: and this entry will be made unless cause to the contrary is shown by you within days from the service of this notice.

Any objection by you to the proposed entry should be in writing addressed to the Property Registration Authority at the above address. It should state the grounds of your objection, and the modification, if any, of the proposed inhibition that you apply for.

You are served of this notice as .

It 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 notice party)

FORM 79

Application to the Authority for the cancellation or modification of an inhibition on consent (Rule 133)

LAND REGISTRY

County Folio

A.B., of hereby applies to the Property Registration Authority for the cancellation (or, modification) in the register of the inhibition entered in folio of the register County , on the day of 20 , in the following terms: (state the inhibition as entered)

(as follows: state the proposed modification, or, if the application is for cancellation of the inhibition omit the words "as follows”).

C.D., of and E.F., of

hereby consent to the withdrawal (or, modification) above applied for.

Dated the day of 20 .

Signed:

(To be signed by the applicant or his/her solicitor and all other parties interested in the inhibition or their solicitor, the signature of parties who sign to be attested. A solicitor who signs must state the party for whom he/she is solicitor.)

FORM 80

Application to the Authority for the cancellation or modification of an inhibition, where parties do not consent (Rule 133)

LAND REGISTRY

County Folio

A.B., of hereby applies to the Property Registration Authority for the cancellation (or, modification) in the register of the inhibition entered in folio of the register County , on the day of , in the following terms: (state the inhibition as entered) (as follows:- state the proposed modification, or if the application is for the cancellation of the inhibition omit the words "as follows").

The applicant relies in support of his/her application on the facts disclosed in the following documents that accompany it: (specify the documents and affidavits relied on).

Dated the day of 20 .

Signed:

(To be signed by the applicant or his/her solicitor, where signed by the applicant, his/her signature is to be attested (Rule 54).)

FORM 81

Notice of lodgment of deeds in the Registry subject to a lien thereon (Rules 43 and 151)

LAND REGISTRY

County Folio (if registered land)

NOTICE

To the Property Registration Authority

(address of appropriate office)

The documents specified in the Schedule hereto are lodged by me (or, by ) in the Registry at the request of (or, in compliance with an order of the Property Registration Authority dated ) for the purpose of an application by for the first registration of the property (or, some of the property) described therein (or, for the conversion of the title in folio of the register County ).

The deeds were deposited by with me (or, with ) on the day of by way of equitable mortgage to secure advances made (and to be made) to him/her, on foot whereof sums are due, and I require that no registration be made that will defeat or prejudice my lien until it is satisfied or provided for.

Schedule

Dated the day of 20

Signed:

(To be signed by the depositee or his/her solicitor).

FORM 82

Application for the transmission of a filed instrument to a County Registrar for production in court (Rules 156 and 157)

LAND REGISTRY

County Folio

To the Property Registration Authority

(address of appropriate office)

I, A.B., Solicitor for C.D., of apply that the document specified in the Schedule hereto be transmitted to the County Registrar of the County of for production at the sitting of the court to be held at on the day of 20 , in a cause (or, matter) of now pending in that court.

The plaintiff (or, petitioner or, defendant) in the said cause (or, matter) is the registered owner (or, the personal representative of the registered owner) of the property described in folio of the register County to which the said document relates.

or,

(Where the registered owner or his/her personal representative is not a party to the proceedings, state the facts which show that the applicant is entitled under Rule 156 to have the document transmitted.)

Schedule

(Insert particulars of the document and give its instrument number in the Registry, or, if it has none, the reference to the proceedings in which it was lodged.)

Dated the day of 20 .

Signed

(To be signed by the solicitor)

FORM 83

Application by registered owner for amendment of name, address or description of registered owner (Rule 65)

LAND REGISTRY

County Folio

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

The property to which this Application relates is all that and those the property comprised in folio of the Register County of which I am the registered owner.

I apply for the amendment of my name (or address, or, description) from (insert the name/address/description as it appears on the folio) to read (insert the amended name/address/description).

(Exhibit evidence in appropriate cases e.g. change of name — marriage certificate or deed poll and confirm that the person in the said document is one and the same as the registered owner.)

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

FORM 84

Notice of rectification of error in registration (Rule 7(2)(b))

LAND REGISTRY

County Folio

NOTICE

The Property Registration Authority.

(address of appropriate office)

Sir, (or, Madam),

You are hereby given notice that the Property Registration Authority, under Section 32 (1)(b) of the Registration of Title Act 1964 as substituted by Section 55 of the Registration of Deeds and Title Act 2006 , propose to rectify an error (under the substituted Section 32(1)(c) of the Act) made in registration as follows

(error and proposed rectification to be set out in full with copy of Land Registry map if appropriate).

You are served of this notice as .

Any objection by you, to the proposed rectification, 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 such 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 notice party)

FORM 85

Entry to be made in the register pursuant to Rule 145

“The title is subject to the provisions of the Land and Conveyancing Law Reform Act 2009 .”

FORM 86

Application for registration of trustee(s) who is (are) entitled to be registered as owner(s) of registered land by virtue of the Act of 2009 (Rule 66)

LAND REGISTRY

County Folio

I, A.B. of

make oath and say —

1.

E.F. is registered as limited owner of the lands comprised in the above folio.

2.

I am trustee of a trust of land by virtue of the Land and Conveyancing Law Reform Act 2009 . I am entitled to be registered as owner of the said lands by virtue of (applicants to show how they are entitled).

3.

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

4.

I apply for registration as owner on said folio.

5.

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

(give address and description)

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) — Section 19 of the Land and Conveyancing Law Reform Act 2009 sets out who are trustees in a Trust of Land.

Note (2) — This form is only to be used where there is a current registered limited owner.

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

FORM 87

Summons to attend before Property Registration Authority (Rule 175)

LAND REGISTRY

County Folio

You are hereby required to attend at the Land Registry (address of office) at the hour of oclock on the day of 20 , (to be examined in relation to — state the purpose for which attendance is required (see Note (1)) and/or (to produce the document(s) specified in the Schedule hereto (see Note (2)). If you wilfully neglect or refuse to attend in compliance with this summons, you will be liable for the penalty prescribed by Section 16 (6) of the Registration of Title Act, 1964 as amended by Section 4 of the Registration of Deeds and Title Act 2006 .

Schedule

(where necessary)

Dated the day of 20 .

Property Registration Authority

Authority Seal

Note (1) — To be omitted if the attendance is only to produce documents.

Note (2) — To be omitted if the attendance is only for examination.

FORM 88

Requisition for official search in the names index (Rule 160)

LAND REGISTRY

To the Property Registration Authority

(address of appropriate office)

Search in the Names Index of the County of , and furnish me with all folio references entered in the said index at the date of the making of the search showing an ownership in the name of in that County.

Dated this day of 20 .

Signed:

(To be signed by the applicant, whose address in the State must be given, or his/her solicitor.)

FORM 89

Requisition for official search for the registration of the ownership of a specified parcel of property in the register of ownership of freehold land or in the register of ownership of leasehold interests, or of any right the ownership of which is registered in the register maintained under Section 8(b) of the Act (Rule 160)

LAND REGISTRY

To the Property Registration Authority

(address of appropriate office)

I require to be furnished with the folio reference(s) in the register(s) for the County of in which the ownership of the part of the townland of (or other description on map) shown on the annexed plan (or, of any leasehold interest or right therein the ownership of which is registered in the register of leasehold interests or the register maintained under Section 8(b) of the Act) has been registered.

Dated the day of 20 .

Signed:

(To be signed by the applicant, whose address in the State must be given, or his/her solicitor.)

Note — The property the subject of the search should be outlined in red on an official Land Registry map or on a Land Registry Compliant map or such other map as may be acceptable to the Authority.

FORM 90

Requisition for official search in a register for entries since first registration (Rule 160)

LAND REGISTRY

County Folio

To the Property Registration Authority

(address of appropriate office)

I require to be furnished with a certificate of the entries made on folio County from the day of , to the day of 20 .

Dated the day of 20 .

Signed:

(To be signed by the applicant, whose address in the State must be given, or his/her solicitor.)

FORM 91

Certificate of result of official search in names index (Rule 160)

LAND REGISTRY

After diligent search made in the Names Index for the County

against the name of , I certify that at the date of this certificate, no ownership of property in that name appears on the said index except those in the folios of the register specified in the Schedule hereto.

Schedule

Folio No. of the register Name of registered owener Address and description of registered owner on the folio

Dated the day of 20 .

Signed:

To:

(Insert name and address of applicant for search)

FORM 92

Certificate of result of official search for the registration of the ownership of specified property or for entries in a register (Rule 160)

LAND REGISTRY

After diligent search in the Registry map (and/or the register) for the County of , I certify that the ownership of shown on the annexed plan is registered in folio of the register County ,

or,

that the ownership of a leasehold interest in (or, the right therein (set out nature of the right) registerable in the register maintained under Section 8(b) of the Act) shown on the annexed plan is registered in folio of the register County ,

or,

that it does not appear from the Registry map that the ownership of shown on the annexed plan (or, of any leasehold interest therein, or, of any right therein registerable in the register maintained under Section 8 (b) of the Act) has been registered,

or,

I certify that the entries made in folio of the register County since are as follows:-

or,

I certify that the properties edged and highlighted in colour with a plan reference printed therein on the enclosed extract of the Registry map form part of registered land. For a list of properties showing the plan references and folio numbers see attached ‘Search Result List’.

Dated the day of 20 .

Signed:

To:

(Insert name and address of applicant for search)

FORM 93

Application for entry of priority entry pursuant to Section 108 of the Act (Rule 161)

LAND REGISTRY

County Folio

I , as Solicitor for

(full name and address of purchaser, lessee or chargee), certify that he/she has contracted to purchase (or),

take a lease of (or),

lend money on the security of a charge on

all of the property comprised in the above folio (or, the part of the property comprised in the above folio shown edged red on the attached plan). (see Note)

I apply pursuant to Section 108 of the Act that the prescribed entry be made in the register.

Notice of this application in Form 94 was served by ordinary prepaid post/registered post /in person/electronic mail (see Note) on (name and address of the other party to the contract).

Signature of Solicitor

Address

Date

Note — Strike out whichever alternatives are not applicable.

FORM 94

Notice of application for registration of a priority entry pursuant to Section 108 of the Act (Rule 161)

LAND REGISTRY

County Folio

NOTICE

I , as Solicitor for

(full name and address of purchaser, lessee, or chargee), certify that he/she has contracted to purchase (or),

take a lease of (or),

lend money on the security of a charge on

all of the property comprised in the above folio (or, the part of the property comprised in the above folio shown edged red on the attached plan). (see Note)

I am applying to the Property Registration Authority, pursuant to Section 108 of the Act, for the registration of the following prescribed entry in the Register:

“The (part of the) property (shown as plan ) is subject to the priority to be conferred by Section 108 of the Registration of Title Act 1964 , as substituted by Section 66 of the Registration of Deeds and Title Act 2006 .”

Signature of Solicitor

Address

Date

Note — Strike out whichever alternatives are not applicable.

FORM 95

Entry to be made pursuant to Section 108 of the Act (Rule 161)

The (part of) the property (shown as plan ) is subject to the priority to be conferred by Section 108 of the Registration of Title Act 1964 as substituted by Section 66 of the Registration of Deeds and Title Act 2006 .

FORM 96

Application to inspect or obtain a copy of an instrument under Rule 159 of the Land Registration Rules

LAND REGISTRY

1. Details

Folio number County
Name of Registered Owner(s)
Instrument Number
Document / Deed Sought

2. Application by

Name
Address
Reference
E-mail address

3. Entitlement

I am entitled to inspect/obtain a copy of the Instrument / Document scheduled above under the provisions of Rule 159 of the Land Registration Rules as indicated below.

Please see attached guidelines (Tick the section which is applicable)

I am the (personal representative of the) registered owner of the abovementioned folio (See Note 1)

I am the solicitor for the (personal representative of the) registered owner of the abovementioned folio (See Note 3)

I am authorised by the (personal representative of) registered owner of the abovementioned folio (See Note 2)

I am authorised by an order of the court

I am the registered owner of the charge(a copy of which is sought) registered on the abovementioned folio

I am the party entitled to the benefit of the burden (a copy of the deed creating which is sought) registered on the abovementioned folio

I was a party to the deed scheduled above, a copy of which is sought

I am a person who would be entitled to inspection of a document relating to property, if its ownership was not registered and the document was in the possession of the person by law entitled to the custody thereof

The judgment mortgage scheduled above (a copy of which is sought) remains uncancelled on the folio

The lis pendens scheduled above (a copy of which is sought) remains uncancelled on the folio

I am devisee/beneficiary under a will or intestacy of a former registered owner of the abovementioned folio or his/her successor in title

I lodged the instrument under Rule 130(5)

I am the owner of an unregistered servient tenement

I am entitled to the benefit of a right created by an instrument filed under Rule 130(5)

or

Under Rule 159(8) I apply to the Authority to permit me inspect the document on the following grounds

4. Application

(a) Application by Solicitor
I/We the Solicitor for the registered owner(s) or his/her personal representative(s) requestto inspect the issue of a copy of the Instrument/Document scheduled at item 1 above to me/us.
Signed (by individual Solicitor)..............
Name of firm..............
Date ..............
(b) Application by Registered Owner/Personal Representative
I as registered owner or his/her personal representative request to inspect the issue of a copy of the Instrument/Document scheduled at item 1 above to me/us.
Signature of Registered Owner/Personal Representative ..............
Signature of witness..............
Address of witness..............
Date ..............
(c) Application by other party (Please specify)..............
Signature of witness ..............
Address of witness..............
Date ..............
--- ---
Office Use Only Date of Receipt
................................
Inspection €2.50
Copy of full Instrument €25
Copy of part of Instrument €6

Note (1) — Where the applicant is the registered owner or his/her personal representative, the signature must be attested and evidence of identity and evidence of permanent address must be presented or lodged.

Note (2) — Where the application is by a party, other than a solicitor, acting with the authority of the registered owner, the application must contain an authority under signature of the registered owner and attested. Evidence of identity and evidence of permanent address of the applicant must be presented or lodged.

Note (3) — Where a solicitor is giving authority to another party e.g. law searcher or other party to receive a copy Instrument on their behalf, the application should state that (a) they are the solicitor for the registered owners and (b) to whom the copy instrument or part thereof is to issue.

Note (4) — The application must identify the instrument number and indicate whether access is being sought to all or a specific part of the instrument.

Note (5) — Any letter of authority must specify whether authorised access is to all of an instrument, a specific deed(s) or specific parts of the Instrument. The letter of authority should be an original.

Note (6) — Notice may be served on the registered owner if considered appropriate by the Authority.

Rule 159 Land Registration Rules — Inspection of documents

  • (1) The registered owner of property and any person authorised by such owner, or by an order of the court or by these Rules, but no other person, may inspect a document filed in the Registry on a dealing or transaction with the property of the owner.
  • (2) Any person who would be entitled to inspection of a document relating to property, if its ownership was not registered under the Act, and the document was in the possession of the person by law entitled to the custody thereof, shall be entitled to inspect the document, if filed in the Registry.
  • (3) An affidavit of judgment deposited in the Registry pursuant to the Judgment Mortgage Ireland Act, 1850, as amended by the Act, or an application for registration of a judgment mortgage under Rule 110 may be inspected by any person so long as notice of its deposit or the entry of the judgment mortgage is uncancelled in a register.
  • (4) A memorandum of a lis pendens, bond, recognisance or inquisition filed in the Registry may be inspected by any person so long as the entry relative to it remains uncancelled in a register.
  • (5) An application, assent, affidavit, or transfer, made by a personal representative of a deceased owner of property that vested in the personal representative may be inspected by a devisee or other person, except a creditor, having an interest in the property under the owners will, or, where the owner died intestate, by a person in whom a beneficial interest in the property devolved on the intestacy, or by a person who satisfies the Authority that he/she is the successor in title of one of such persons.
  • (6) An instrument filed in the Registry under Rule 130(5) may be inspected by the person by whom it was lodged or by any person who satisfies the Authority that he/she is entitled to the benefit of a right created by the instrument.
  • (7) An instrument filed in the Registry under Rule 46 may be inspected by any person who satisfies the Authority that he/she is the owner or person(s) entitled to be the owner of an unregistered servient tenement property, over which a right was registered as appurtenant to a dominant tenement property under Section 49A of the Act, on the production of such proofs as may be directed by the Authority.
  • (8) Any person entitled to inspect a document filed in the Registry may obtain a copy of it.
  • (9) The Authority may, in special circumstances and on such terms as it shall think fit, permit a person to inspect, or obtain, a copy of a document filed in the Registry.
  • (10) An application to inspect or obtain a copy under this Rule shall be made in Form 96
  • (11) Before allowing inspection of a document by a person claiming under Rule 159, the Authority may make such inquiries and give such notices as it may think fit. Notice under this rule shall be in Form 97

FORM 97

Notice of application to inspect (or obtain a copy) instrument (Rule 159)

LAND REGISTRY

County Folio

NOTICE

The Property Registration Authority.

(address of appropriate office)

Sir, (or, Madam),

You are hereby given notice that of has applied under Rule 159 of the Land Registration Rules to inspect (or, have applied for a copy) Instrument Number (or, specify deed(s) or document(s) if application is in relation to part of the Instrument)

The grounds for their application are (set out the grounds).

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

Any objection by you, to the inspection or copy application sought, 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.

Dated the day of 20 .

Signed:

To:

(Insert name and address of notice party)

FORM 98

Application for compensation out of the Central Fund under Section 120 of the Act (Rule 184)

LAND REGISTRY

County Folio

To the Property Registration Authority

(address of appropriate office)

1.

I, A.B., of hereby apply for compensation under Section 120 of the Act for loss sustained by me by reason of an error in the register (or, in the registry map) made by the Property Registration Authority, (Registrar of Titles), its or his/her officers or employees (or, the entry in or omission from the register caused or obtained by forgery or fraud) (or, an error in an official search carried out by the Authority (the Registrar) or some of its or his/her officers) (as the case may be).

2.

The property for the loss of which I claim compensation is comprised in folio of the register County , of which I am the registered owner (or, as the case may be).

3.

The loss for which I claim compensation has been caused (through the error of the Authority (Registrar) or one or more of its or his/her officers or employees in — (state the nature and particulars of the error which is alleged to have caused loss to the applicant whether of misstatement, misdescription, omission, or otherwise, and whether in the register or whether in the registry map referred to therein or, whether in an office copy of or extract from the register or registry map or in an office copy of a document or plan filed in the Registry)),

or

(through the entry in (or, omission from) the register of which entry (or, omission) has been caused by the (here state the nature and full particulars of the forgery (or, fraud) which is alleged to have been the cause of the wrongful entry or omission including the names of the person(s) who perpetrated same and the circumstances, so far as they are known to the applicant, in which the forgery or fraud was committed))

or

(through the error in an official search (or, the preparation of the office copy) (or, extract) aforesaid carried out by the Authority (Registrar) or some of its or his/her officers or employees in the following circumstances, namely, (here state the particulars of the requisition for the official search or office copy or extract made to the Authority (Registrar), the result of such search, requisition and other relevant matters to show the error in the search or preparation of such office copy or extract which led to the loss complained of)).

4.

I claim that by reason of (the error (or, entry in)) (or, omission from) the register (or, the registry map) (as the case may be)] particulars of which are set forth in paragraph 3 above, I have sustained loss within the meaning of Section 120 of the Act, the particulars of which loss are set forth hereunder.

5.

(Here set forth full particulars of the pecuniary loss suffered by the applicant, such as, the value of the entire estate or interest if that has been lost, or the amount by which the value of the property has been depreciated (if the loss is partial) or, in the event of a charge or other burden entirely lost, the value of such charge (or if the value of the burden or charge has been depreciated the amount by which the value of the charge or other burden has been reduced) together with particulars of any costs and expenses incurred in obtaining any rectification of the error).

6.

I rely on the following documents in support of my claim for compensation —

(Here set out particulars of the documents and other evidence relied on, such as the folio of the register, the registry map and any instrument on which the alleged error was based (as the case may be).

7.

My address in the State for service of notices, orders, etc. is:-

(give address and description)

Signed:

Affidavit to verify the foregoing application

LAND REGISTRY

County Folio

I, , of the applicant in the foregoing application make oath and say as follows:-

1.

I have read the foregoing application and believe the same to be true in all particulars.

2.

I am advised and believe that I have a good claim for compensation under Section 120 of the Act, by reason of the facts set forth in said application.

3.

There is not any person, to my knowledge or belief who has or claims any estate, right, title, or interest in or to the property mentioned in the said application, save as therein set forth.

4.

To the best of my knowledge, information and belief, all material facts and all relevant documents relating to my claim for compensation are disclosed in said application.

I make this affidavit (here state means of knowledge such as "from my own personal knowledge of the facts, and from information supplied to me by my solicitor" or as the case may be).

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

We, the Registration of Deeds and Title Rules Committee, constituted pursuant to the provisions of Section 74 of the Registration of Deeds and Title Act 2006 in exercise of the powers conferred on us by Section 126 of the Registration of Title Act, 1964 , as amended by Section 72 of the Registration of Deeds and Title Act 2006 , with the concurrence of the Minister for Justice and Equality, do hereby make the foregoing Rules.

DATED this 23rd day of August, 2012

MARY LAFFOY, Judge of the High Court

FRANK TREACY, Interim Chief Executive of the Property Registration Authority

JAMES DWYER, Senior Counsel

OWEN M. BINCHY, Solicitor

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by Section 126 of the Registration of Title Act, 1964 , as amended by Section 72 of the Registration of Deeds and Title Act 2006 , hereby concur in the making of the foregoing Rules.

GIVEN under my Official Seal,

1 December 2012.

ALAN SHATTER,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules, which come into effect on the 1st day of February, 2013, consolidate and amend the Land Registration Rules 1972 to 2011 which are hereby rescinded.

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