S.I. No. 271/1956 - Land Registration Rules, 1956.

S.I. No. 271 of 1956.

LAND REGISTRATION RULES, 1956.

WE, the Registration of Title Rules Committee, constituted pursuant to the provisions of Section 73 of the Courts of Justice Act, 1936 , and Section 4 of the Registration of Title Act, 1942 , by virtue of the powers conferred upon us by Section 94 of the Registration of Title Act, 1891, and Section 74 of the Courts of Justice Act, 1936 , with the concurrence of the Minister for Justice, do hereby make the following Rules :—

1 Citation and Commencement.

1.—(1) These Rules may be cited as the Land Registration Rules, 1956.

(2) These Rules shall be read with the Land Registration Rules, 1937 to 1954, and shall be deemed to be incorporated therewith and shall, so far as inconsistent therewith, alter or amend the same.

(3) These Rules and the Land Registration Rules, 1937 to 1954, may be cited together as the Land Registration Rules, 1937 to 1956.

(4) These Rules shall come into operation on the 1st day of November, 1956.

2 Interpretation.

2.—(1) In these Rules—

" the 1937 Rules " means the Land Registration Rules, 1937 ;

" the Registrar " means the Registrar of Titles.

(2) The Interpretation Act, 1937 , applies to these Rules.

3 Amendment of Rule 18.

3. Rule 18 of the 1937 Rules (which relates to length of title) is hereby amended by the substitution therein of " £900 " for " £300 ".

4 Amendment of Rule 20 (1).

4. Rule 20 of the 1937 Rules (which relates to the application by a Department of State or Local Authority for first registration of acquired property) is hereby amended by the substitution in paragraph (1) of " £300 " for " £100 ".

5 Amendment of Rule 36 (1) and Form 15.

5.—(1) Rule 36 of the 1937 Rules (which relates to the cancellation of the notice of equities in the case of registered land acquired by a Department of State or Local Authority) is hereby amended by the substitution in paragraph (1) of " £300 " for " £100 ".

(2) Form 15 of the Schedule of Forms to the 1937 Rules (which is the form mentioned in Rule 36 (2) of the said Rules) is hereby amended by the substitution in paragraph 3 of " £300 " for " £100 ".

6 Amendment of Rule 236.

6. Rule 236 of the 1937 Rules (which relates to possessory and qualified titles) is hereby amended by the deletion of " under section 15 of the Small Dwellings Acquisition Act, 1899, or ".

7 Modification of examination of title in certain cases.

7.—(1) Where, on an application for the cancellation of a notice of equities, it appears that the market value, as hereinafter defined, of the property, the subject of the application, does not exceed £2000, the Registrar, having regard to the length of time (analogous to the provisions of the Statutes of Limitation) during which the title has been registered, may, in his discretion, and in such manner as he may think fit, dispense with or modify the official examination of the title to the property.

(2) The market value of the property for the purpose of this rule shall be fifty times the rateable valuation of the property.

DATED this 25th day of October, 1956.

THOMAS TEEVAN, Judge of the High Court.

M. J. L. MacGOWAN.

FRANCIS J. LANIGAN.

JOSEPH O'BYRNE.

I concur in the making of these Rules.

DATED this 29th day of October, 1956.

JAMES EVERETT.

Minister for Justice,

EXPLANATORY NOTE.

These Rules, which come into operation on the 1st November, 1956, provide for the amendment of the Land Registration Rules, 1937, and deal with the registration of title and the cancellation of the notice as to equities in certain cases.