S.I. No. 57/1966 - Land Registration Fees Order, 1966

S.I. No. 57 of 1966.

LAND REGISTRATION FEES ORDER, 1966

I, BRIAN LENIHAN, Minister for Justice, in exercise of the powers conferred on me by section 8 (1) of the Registration of Title Act, 1891, as amended by section 66 of the Courts of Justice Act, 1936 (No. 48 of 1936), and with the consent of the Minister for Finance, hereby order as follows :

1.—(1) This Order may be cited as the Land Registration Fees Order, 1966.

(2) This Order shall come into operation on the 1st day of April, 1966.

2.—(1) The Land Registration Fees Order, 1959 ( S.I. No. 157 of 1959 ), is hereby revoked.

(2) Notwithstanding anything contained in this Order, the fee in respect of any transmission on death to a person beneficially entitled to the property of a person dying before the 1st day of June, 1959, shall be the fee (if any) chargeable as if this Order had not been made.

3. In this Order—

"the Act of 1891" means the Registration of Title Act, 1891;

"the Act of 1942" means the Registration of Title Act, 1942 (No. 26 of 1942);

"the Act of 1959" means the Administration of Estates Act, 1959 (No. 8 of 1959);

"the 1959 Rules" means the Land Registration Rules, 1959 ( S.I. No. 96 of 1959 ), and any subsequent rules amending or extending the same;

"the Registrar" means the Registrar of Titles;

"value" means—

(a) in the case of—

(i) first registration of freehold land,

(ii) entry of a note under section 53 (1) of the Act of 1891 of the validity of a lease,

(iii) cancellation of a notice of equities or of a possessory or qualified title, and

(iv) examination of title required by section 53 (2) (d) of the Act of 1891,

twenty-five times the amount of the rateable valuation of the property or (as the case may be) twenty-five times the amount of the proportionate part of the rateable valuation attributable, in the opinion of the Registrar, to the property,

(b) where the property is not separately valued, in the case of—

(i) first registration of a leasehold by or on behalf of any person other than the original lessee,

(ii) entry of a note under section 53 (1) of the Act of 1891 of the validity of a lease, and

(iii) examination of title required by section 53 (2) (d) of the Act of 1891,

twenty times the amount of the rent together with the fine (if any) or, the amount (if any) for which the lessee covenants to insure the premises, whichever is the greater,

(c) in the case of registration of the ownership of a charge on the register of the property charged, where the ownership was not registered at the time of the registration of the charge as a burden, or registration of the ownership of a charge on a subsidiary register, the value as determined in accordance with paragraph (j) or (k) (as the case may be) of this definition,

(d) in the case of registration of the ownership of a fee-farm rent or a rentcharge, twenty times the amount of the feefarm rent or rentcharge,

(e) in the case of—

(i) registration of the ownership of an incorporeal hereditament of freehold tenure (other than a feefarm rent or a rentcharge),

(ii) entry of a note, under Rule 222(b) of the 1959 Rules, that the title to make the grant of such hereditament is good,

(iii) registration of the ownership of any other right,

the amount (if any) of the money consideration expressed in the instrument creating the hereditament or right or the amount (if any) of the money consideration expressed in the latest conveyance of the hereditament or right or £200, whichever is the greatest, or, where no consideration is expressed, £200,

(f) in the case of registration of transfers on sale of registered property, the amount of the money consideration expressed in the transfer together with the amount of any registered charge (except a land purchase annuity or a charge under the Small Dwellings Acquisition Acts, 1899 to 1962) subject to which the property is transferred,

(g) in the case of registration of transfers on sale of registered and unregistered property, the proportionate part of the consideration, attributable to the registered property as certified by the solicitor for the applicant or by a person who, in the opinion of the Registrar, is competent to value property,

(h) in the case of—

(i) registration of transfers (other than those solely for money consideration),

(ii) registration of each ownership under a settlement, and

(iii) exchanges,

the value as determined in accordance with paragraph (a), (b), (d), (e), (j) or (k) (as the case may be) of this definition, and, in the case of exchange involving a money consideration by way of equality, the said value as increased by the amount of the money consideration,

(i) in the case of registration of transfers by way of fee-farm grant or any grant reserving a rentcharge, twenty times the amount of the fee-farm rent or the rentcharge (as the case may be) added to the purchase money, fine or premium (if any) in the transfer,

(j) in the case of registration of money charges (including judgment mortgages) secured on registered property only—

(i) where the amount of the charge is a definite sum, the amount secured,

(ii) where the charge is to secure an indefinite sum, the amount covered by the stamp duty, and

(iii) where the charge is to secure a life annuity, twelve times the amount of the annual sum payable,

(k) in the case of registration of money charges (including judgment mortgages) secured on registered and unregistered property, the appropriate amount ascertained, pursuant to paragraph (j) of this definition, in respect of the proportionate part of the charges attributable to the registered property as certified by the solicitor for the applicant or by a person who, in the opinion of the Registrar, is competent to value property,

(l) in the case of registration as burdens of—

(i) fee-farm rents and rentcharges, the value as determined in accordance with paragraph (d) of this definition,

(ii) rights of residence, support and similar rights, the value (as determined in accordance with paragraph (j) or (k) (as the case may be) of this definition) of the alternative payment (if any) reserved or £200, whichever is the greater, or, where no alternative payment is reserved, £200, and

(iii) easements, profits á prendre, and similar incorporeal rights or hereditaments, the value as determined in accordance with paragraph (e) of this definition,

(m) in the case of cancellations of burdens (other than leases) not involving investigation of title, the amount (if any) of the money consideration expressed in the instrument or, where no such consideration is expressed, the value as determined in accordance with paragraph (d), (e), (j), (k) or (l) (as the case may be) of this definition,

(n) in the case of cancellations of burdens (including leases) involving investigation of title, the amount (if any) of the money consideration expressed in the instrument or, where no such consideration is expressed, the value as determined in accordance with paragraph (d), (e), (j) or (k) (as the case may be) of this definition, and

(o) in the case of registration of transmissions on the deaths of registered owners of property—

(i) in the case of land, the value as determined in accordance with paragraph (a) of this definition,

(ii) in the case of a leasehold where the property is not separately valued, the value as determined in accordance with paragraph (b) of this definition, and

(iii) in the case of a charge or burden, the value as determined in accordance with paragraph (d), (e), (j) or (k) (as the case may be) of this definition.

4. The fees to be charged and taken in the Land Registry in proceedings under the Act of 1891, the Act of 1942 and the Act of 1959 shall be in accordance with this Order and the Schedule thereto, and all such fees shall be payable by means of Land Registry stamps.

5. No fee shall be chargeable for the registration of the ownership of a charge on the register of the property charged where such registration is made at the time of registering the charge as a burden.

6. Where a transfer or a will creates charges or burdens on the lands transferred or devised, or where a transfer and an instrument or instruments charging the property transferred or creating burdens thereon are lodged at the same time, half fees only shall be chargeable for the registration of each such charge or burden.

7. Where, on a transfer on sale, the whole or part of the purchase money is secured by way of a lien, full fees shall, on registration of the transferee, be chargeable on the full amount of the purchase money together with a fee of £1 for registration of the lien as a burden.

8. In the case of a transfer or transmission on death of the interest of a person registered as tenant in common, or a transfer of the interest of a person registered as joint tenant, fees shall, on registration of the transferee or person beneficially entitled, be chargeable only on the value of the interest passing.

9. The fees chargeable in any proceedings shall be in respect of all work done in the Land Registry in those proceedings, including the filing of affidavits, transfers, assents and other documents necessary for the completion of each transaction.

10. Where an application for registration of a transaction is abandoned or withdrawn, or where registration is refused, the Registrar may charge such fee as he shall think reasonable having regard to the time and labour involved.

11. No registration shall be made and no other transaction shall be done or completed until the Land Registry stamp for the appropriate fee is affixed to and cancelled by perforation on the application or such other document filed in connection with the transaction as the Registrar may from time to time direct.

12. No fee shall be chargeable for the entry of an inhibition made necessary by the Act of 1891, the Act of 1942 or the 1959 Rules on a first registration or a subsequent registration for which an ad valorem fee is payable.

13. Nothing in this Order shall authorise the charging of a fee for any registration or transaction that is required by statutory enactment or the 1959 Rules to be made or done free of charge.

14. Where the cancellation of a burden (including a lease) involves the closing of the register on which the ownership of the burden is registered, no fee shall be chargeable for the closing of the register.

15. Where, on the transfer of a registered burden, application is made at the same time for the registration of the ownership of the transferee on a subsidiary register, no fee shall be chargeable in respect of the registration of such ownership.

16. No fee shall be chargeable in respect of any application for registration by a Department of State where it is certified to the satisfaction of the Registrar that the fee would, but for this article, be payable solely out of moneys provided by the Oireachtas.

17. No fee exceeding £60 shall be charged in any one proceeding.

SCHEDULE

PART 1

APPLICATIONS FOR FIRST REGISTRATION, FOR DISCHARGE OF EQUITIES AND OTHER TRANSACTIONS INVOLVING INVESTIGATION OF TITLE

ITEM 1 :

Applications for—

(a) first registration of freehold land,

(b) first registration of a leasehold by or on behalf of any person other than the original lessee,

(d) cancellation of burdens (including leases) involving investigation of title,

(e) registration of the ownership of a burden (other than a lease),

(f) entry of a note that the title to make the grant of a hereditament is good,

(g) examination of title required by section 53 (2) (d) of the Act of 1891,

(h) cancellation of a notice of equities or a possessory or qualified title—

	£	s.	d.
on the first £100 of value or where the total value does not exceed £100	2	0	0
on every £100 or part thereof by which the value exceeds £100 but does not exceed £1,500		17	6
on every £100 or part thereof by which the value exceeds £1,500 but does not exceed £2,500		14	0
on every £100 or part thereof by which the value exceeds £2,500 but does not exceed £3,500		10	6
on every £100 or part thereof by which the value exceeds £3,500		5	6

ITEM 2 :

Applications for first registration of a leasehold by or on behalf of the original lessee

PART II

REGISTRATION OF DEALINGS

ITEM 3 :

Registration of—

(a) transfers of property ;

(b) burdens (other than lease)—

	£	s.	d.
on the first £100 of value or where the total value does not exceed £100	1	10	0
on every £100 or part thereof by which the value exceeds £100 but does not exceed £1,000		17	6
on every £100 or part thereof by which the value exceeds £1,000 but does not exceed £2,000		14	0
on every £100 or part thereof by which the value exceeds £2,000 but does not exceed £3,000		10	6
on every £100 or part thereof by which the value exceeds £3,000		5	6

ITEM 4 :

Cancellations of burdens (other than leases) not involving investigation of title—

where the value does not exceed £500	1	10	0
where the value exceeds £500	2	0	0

ITEM 5 :

Registration of transmissions on death—

where the value does not exceed £100	1	10
where the value exceeds £100 but does not exceed £250	2	10
where the value exceeds £250 but does not exceed £500	4	10
where the value exceeds £500 but does not exceed £1,000	6	0
where the value exceeds £1,000 but does not exceed £2,000	8	0
where the value exceeds £2,000	9	0

ITEM 6 :

Registration of the assignee of a limited owner

ITEM 7 :

Registration of leases as burdens, or cancellations of leases, not involving investigation of title

ITEM 8 :

Registration of cautions, inhibitions, lis pendens,recognizances

ITEM 9 :

	£	s.	d.
Registration of assignees or trustees in bankruptcy of a bankrupt or an arranging debtor	1	0	0

ITEM 10 :

Re-registration of a bankrupt or arranging debtor or where he is registered as limited owner, the cancellation of the entry of an assignee of his limited estate under Rule 82 of the 1959 Rules

ITEM 11 :

Entry of the names of new trustees on the register

ITEM 12 :

Registration of a purchaser under the Labourers Act, 1936

ITEM 13 :

Registration under a court order

ITEM 14 :

Withdrawal of the name of a joint tenant from the register on his death

ITEM 15 :

Entry on the register of an address or description or change or amendment of name or description

ITEM 16 :

Where an entry (other than an entry for which an ad valorem fee is chargeable) is made on more than one folio of the register—

for such entry on the second and every subsequent folio

PART III

LAND CERTIFICATES AND OTHER CERTIFICATES OF TITLE

ITEM 17 :

Land Certificate (save where issued free under any statutory enactment) or any certificate of title (other than a certificate of charge endorsed on an instrument under Rule 156 of the 1959 Rules)

ITEM 18 :

Certificate of charge endorsed on an instrument under Rule 156 of the 1959 Rules

ITEM 19:

	£	s.	d.
Filing fee on affidavit grounding an application under Rule 169 of the 1959 Rules—
(a) for the issue of duplicate certificate of title where the original has been lost or destroyed, or
(b) for an order dispensing with production of a certificate of charge which has been lost or destroyed		10	0

ITEM 20:

Re-certifying and re-issuing a certificate of title

ITEM 21 :

Issuing land certificate in lieu of existing certificate and including additional lands not included in existing certificate

PART IV

SEALED COPIES AND EXTRACTS

ITEM 22:

Sealed certified copies of folios of the register and sealed certified extracts from the register—
(a) where copy or extract does not exceed four pages (excluding cover, if any)		10	0
(b) where copy or extract exceeds four pages (excluding cover, if any)		10	0
	and 1/- for each additional page or part thereof.

ITEM 23:

Re-certifying and re-sealing copy folios or extracts—
(a) where no additional entries are made or additional entries do not exceed one page		7	6
(b) where additional entries exceed one page		7	6
	and 1/- for each additional page or part thereof.

ITEM 24 :

Sealed certified copies of filed instruments, affidavits, orders or rulings—	£	s.	d.
(a) where copy does not exceed fifteen pages		10	0
(b) where copy exceeds fifteen pages		10	0
	and 1/- for each additional page or part thereof.

ITEM 25

Comparing duplicate documents with documents filed in the Land Registry and certifying result

6d. per folio of 72 words.

PART V

SEARCHES, INSPECTION AND PRODUCTION OF DOCUMENTS

ITEM 26 :

	£	s.	d.
Certificate of official search	1	0	0
For each ownership returned after the first, an additional fee of		4	0

ITEM 27 :

Search docket entitling the holder to search the indexes relating to any one title in any one day

ITEM 28:

Inspecting each folio, map or instrument

ITEM 29:

Requisition for production of filed instrument or record in court— for each day on which a filed instrument or record is required for production in court (exclusive of travelling and other expenses of a Land Registry official)

ITEM 30 :

Delivery of a filed instrument on returnable receipt when delivery is authorised

ITEM 31 :

Filing application for an order for production of a land certificate or other certificate of title under Rule 163 of the 1959 Rules

PART VI

MAPS

ITEM 32 :

	£	s.	d.
(a) Certified copy map of a holding or part of a holding on the scale on which it is shown on the Land Registry map	2	10	0
(b) Where more than one holding is shown on the copy map, for each additional holding or part of a holding		15	0

PART VII

MISCELLANEOUS

ITEM 33 :

Requisition to close the register where the title has been voluntarily registered

ITEM 34 :

Entry on the register of a note of the conclusiveness of the boundaries under Rules 147 to 150 of the 1959 Rules, including the marking of the Land Registry map

ITEM 35:

Filing deeds other than those in the prescribed form

ITEM 36:

Summons by Registrar under Rule 204 of the 1959 Rules

ITEM 37 :

Memorandum of Registrar for the court under Rule 209 of the 1959 Rules

ITEM 38:

Making any note or entry for which no other fee is prescribed

ITEM 39 :

Filing application for compensation under section 22 of the Act of 1942

GIVEN under my Official Seal, this 22nd day of March, 1966.

Brian Lenihan

Minister for Justice.

The Minister for Finance hereby consents to the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance, this 22nd day of March, 1966.

John Lynch

Minister for Finance.

EXPLANATORY NOTE

The effect of this Order is to increase as from the 1st April, 1966, the fees chargeable in the Land Registry. The present fees are prescribed in the Land Registration Fees Order, 1959, which is revoked by this Order.

The Table which follows shows the fees chargeable under this Order on the ad valorem scales.

TABLE

The fee on a value not given in this table is the same as the fee on the next higher value given

Value—for definitions of "value" see Article 3 of the Order	Applications for first registration discharge of equities, and other transactions involving investigation of title—see Item 1 of the Schedule to the Order			Transfers, burdens (other than leases)—see Item 3 of the Schedule to the Order			Cancellations of burdens (other than leases) not involving investigation of title—see Item 4 of the Schedule to the Order	Transmissions on death—see Item of the Schedule to the Order
(1)	(2)			(3)			(4)	(5)
£	£	s.	d.	£	s.	d.
100	2	0	0	1	10	0	Where the value does not exceed £500—£1 10s. 0d.	Where the value does not exceed £100—£1 10s. 0d.
200	2	17	6	2	7	6
300	3	15	0	3	5	0
400	4	12	6	4	2	6
500	5	10	0	5	0	0
600	6	7	6	5	17	6
700	7	5	0	6	15	0		Where the value exceeds £100 but does not exceed £250—£2 10s. 0d.
800	8	2	6	7	12	6
900	9	0	0	8	10	0
1,000	9	17	6	9	7	6
1,100	10	15	0	10	1	6
1,200	11	12	6	10	15	6
1,300	12	10	0	11	9	6

1,400	13	7	6	12	3	6		Where the value exceeds £250 but does not exceed £500—£4 10s. 0d.
1,500	14	5	0	12	17	6
1,600	14	19	0	13	11	6
1,700	15	13	0	14	5	6
1,800	16	7	0	14	19	6
1,900	17	1	0	15	13	6
2,000	17	15	0	16	7	6	Where the value exceeds £500—£2 10s. 0d.	Where the value exceeds £500 but does not exceed £1,000—£6 0s. 0d.
2,100	18	9	0	16	18
2,200	19	3	0	17	8	6
2,300	19	17	0	17	19	0
2,400	20	11	0	18	9	6
2,500	21	5	0	19	0	0
2,600	21	15	6	19	10	6
2,700	22	6	0	20	1	0
2,800	22	16	0	20	11	6		Where the value exceeds £1,000 but does not exceed £2,000—£8 0s. 0d.
2,900	23	7	0	21	2	0
3,000	23	17	6	21	12	6
3,100	24	8	0	21	18	0
3,200	24	18	6	22	3	6
3,300	25	9	0	22	9	0
3,400	25	19	6	22	14	6
3,500	26	10	0	23	0	0
3,600	26	15	6	23	5	6
3,700	27	1	0	23	11	0		Where the value exceeds £2,000—£9 0s. 0d.
3,800	27	6	6	23	16	6
3,900	27	12	0	24	2	0
4,000	27	17	6	24	7	6

As to variation of fees and additional fees in certain cases, see the relevant articles of the Order and Item 35 of the Schedule thereto.