Land Act, 1923
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Power to register lands with a qualified or possessory title. |
58.—(1) Where the registration of the ownership of land, the registration of which is compulsory under the Act of 1891, has not been effected, the Land Commission or the Commissioners of Public Works in Ireland may furnish to the Registrar of Titles the prescribed particulars respecting that land and the name of the person appearing to them to be in possession thereof, and the registering authority shall thereupon register that person as the owner of that land with a possessory or qualified title. | |
(2) The first registration of any person as full or limited owner with a possessory title shall have the same effect as the first registration of a person as full or limited owner under the Act of 1891, save that registration with a possessory title shall not affect or prejudice the enforcement of any estate, right or interest adverse to or in derogation of the title of the first registered owner or subsisting or capable of arising at the time of such first registration. | ||
(3) The first registration of any person as full or limited owner with a qualified title shall have the same effect as the first registration of a person as full or limited owner under the Act of 1891, save that registration with a qualified title shall not affect or prejudice the enforcement of any estate, right, or title appearing by the register to be exempted from the effect of registration. | ||
(4) The registered owner and such other persons as may be prescribed, may at any time apply to the registering authority to ascertain the full title to the lands, and to enter on the register the burdens thereon and the rights and interest therein, which have not been affected or prejudiced by the registration of the ownership, with a possessory or qualified title, and the registering authority shall thereupon ascertain and enter on the register such burdens, rights and interests, and shall cancel on the register the registration, with qualified or possessory title, and thereupon the registration shall have the same effect as registration of a full or limited owner under the Act of 1891. | ||
If it is found on the examination of any application that registration with a qualified title only can be effected, registration with such title may be made. | ||
(5) Rules under the Act of 1891 may be made for carrying into effect the object of this section and the expression “prescribed” in this section means prescribed by such rules. Office fees shall not be payable for the first registration of any title under this section. | ||
(6) The power of the Court or the Land Commission under sub-section (2) of section thirty-four of the Act of 1891, and sub-section (3) of section two of the Land Law (Ireland) Act, 1896 , to correct errors in the registration of land, and to rectify the register and vesting order or fiat if in their opinion the error can be corrected without injury to any person, shall include power to make such correction and rectification notwithstanding that some person is thereby injured, upon such terms and conditions as appear to the Court or the Land Commission to be equitable, including, if necessary, compensation for such injury. |