S.I. No. 266/1966 - Land Registration Rules, 1966

S.I. No. 266 of 1966.

LAND REGISTRATION RULES, 1966

WE, the Registration of Title Rules Committee, constituted pursuant to the provisions of section 73 of the Courts of Justice Act, 1936 , by virtue of the powers conferred upon us by section 126 of the Registration of Title Act, 1964 , with the concurrence of the Minister for Justice, do hereby make the following Rules.

Dated this 1st day of December, 1966.

Thomas Teevan, Judge of the High Court,

Maurice J. L. MacGowan,

Francis J. Lanigan,

Desmond L. McAllister.

I concur in the making of these Rules.

Dated this 14th day of December, 1966.

Brian Lenihan,

Minister for Justice.

CONTENTS

PART I

THE REGISTERS AND THE REGISTRY OFFICES

PART II

FIRST REGISTRATION, CONVERSION OF POSSESORY AND QUALIFIED TITLES, AND OTHER REGISTRATIONS INVOLVING EXAMINATIONS OF THE TITLE OF PERSONS TO UNREGISTERED INTERESTS IN REGISTERED PROPERTY

PART III

Dealings with Registered Property

PART IV

MISCELLANEOUS

SCHEDULE OF COSTS

PART I

Scale of charges on sales, purchases and mortgages

PART II.

Scale of charges as to leases or agreements for leases at rack rent (other than mining leases or leases for building purposes or agreements for the same)

PART III

Scale of charges as to certain fee farm grants, building leases reserving rent and other long leases not at rack rent, etc.

PART IV

Scale of charges for transfer (except a transfer on sale) by a registered owner or his personal representative

PART V

Scale of charges for applications for conversion of possessory titles, etc. under rules 33, 34 and 35 of these Rules

PART VI

Judgment mortgages—

costs payable under rule 121 (6) of these Rules

PRELIMINARY

1 Commencement.

1. (1) These Rules shall come into operation on the 1st day of January, 1967 and may be cited as the Land Registration Rules, 1966.

(2) The Land Registration Rules, 1959, and the Land Registration (Solicitors' Costs) Rules, 1962, are hereby rescinded.

2 Interpretation.

2. (1) In these Rules—

"the Act" means the Registration of Title Act, 1964 ; and words or expressions defined in the Act have the same meaning as in the Act, where the context so admits;

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

"the Registry" means the Land Registry;

"the Registrar" means the Registrar of Titles;

"local registrar" means the county registrar of a county acting as a registering authority by virtue of section 10 of the Act;

"Form" or "Forms" means a form or the forms in the Schedule of Forms;

"property" includes land, and any estate, leasehold interest, incorporeal hereditament, or other right, in or to land, the ownership of which is or may be registered in the registers established by the Act;

"local authority" includes a county council, county or other borough council, urban district council, the commissioners of any town, and any public body or person established by or in pursuance of any statute to perform any of their functions;

"possessory title" includes a title deemed under the Act or under these Rules to be possessory;

"prescribed fee" means the appropriate registration fee fixed by the Minister for Justice by order under section 14 of the Act.

(2) The Interpretation Act, 1937 , shall apply for the purpose of the interpretation of these Rules as it applies for the purpose of the interpretation of an Act of the Oireachtas, except so far as it may be inconsistent with the Act or with these Rules.

PART I THE REGISTERS AND THE REGISTRY OFFICES

3 Form and contents of registers.

3. (1) The registers shall be kept in folios. Every folio shall bear a distinguishing number and shall be authenticated by the Registry seal being affixed thereto. Every folio of a register hereafter to be opened shall consist of three parts.

(2) There shall be entered in the first part of a folio—

(a) a description of the property the ownership of which is registered, with a reference to the plan on the registry map of the land affected;

(b) such entries as are authorised by the Act or these Rules relative to—

(i) easements and rights for the benefit of the property;

(ii) the inclusion of mines and minerals in, or their exclusion from, the property;

(iii) the boundaries of the property;

(iv) the exemption of the property from any burden referred to in section 72 of the Act.

(3) There shall be entered in the second part of a folio—

(a) the name and description of the owner of the property and his address in the State for service of notices;

(b) such entries as are necessary relative to—

(i) the classes of owners and titles that are registered pursuant to sections 27 and 33 or 40 of the Act;

(ii) the devolution of the property;

(iii) the matters referred to in sections 91, 99 and 101 of the Act;

(c) cautions and inhibitions restricting the registration of dispositions of the property;

(d) a note under section 61 (6) (b) of the Act of the death of the registered owner and of the names of his personal representatives.

(4) There shall be entered in the third part of a folio—

(a) the burdens the registration of which is authorised by section 69 of the Act;

(b) the ownership of a registered charge, where it is not registered in the register maintained under section 8 (b) of the Act and, where the Registrar permits, sub-charges on a registered charge and their ownership;

(c) notices of the existence of burdens that are or are deemed to be burdens that affect registered property without registration;

(d) cautions and inhibitions against registration of dealings with a registered burden the ownership of which is not registered in the register maintained under section 8 (b) of the Act.

(5) All existing folios of the registers shall be revised in accordance with the foregoing provisions of this rule whenever the Registrar considers such revision expedient.

4 Authentication, contents and cancellation of entries.

4. (1) Entries and cancellations of entries in a folio of a register shall be authenticated in such manner as the Registrar shall direct.

(2) Every entry shall be clearly expressed and shall state with precision the particular property or interest in the property that it is intended to affect ; and no entry shall refer to matters that are not the subject of registration under the Act.

(3) Cancellation of an entry shall be made so that the entry shall remain legible.

5 Adjoining properties of an owner in two of more counties.

5. (1) Where a registered owner of property in a county is the registered owner of adjoining property situate in another county, registration of his ownership of the property in either county and of the burdens thereon may, for the purpose of saving expense and facilitating transactions therewith, be made by reference to its registration in the folio of the property in the other county.

(2) Where registration by reference is so made, the folio in which the ownership and burdens are entered shall contain a description of all the property of which the ownership is registered therein.

6 Revision of folios of registers.

6. (1) On application by or after notice to the registered owner, the Registrar may, when he thinks it practicable or desirable, clear the title to property entered in a folio of a register byclosing it and opening a revised folio for the property containing the subsisting entries only. He may, in doing so, make any re-arrangement conducive to clarity, including the entry of the property in two or more folios, or the entry of property on two or more folios in one folio, or the altering of the number of a folio.

(2) The Registrar may order any person in whose custody a land certificate or certificate of charge may be to produce it to him for the purposes of the revision, which shall be deemed to be a dealing with the property that can be effected without the consent of the person having the custody of the certificate, and the provisions of section 105 (3) of the Act shall apply to any certificate so produced.

(3) Any person inspecting a revised folio of a register may inspect the closed folio or folios for which it is substituted.

7 Formal alterations of register and cancellation of determined entries.

7. The Registrar may, at any time, after such inquiries and notices (if any) as he may consider proper and upon such evidence as he shall consider satisfactory, make any formal alterations in a register or withdraw from a register by cancellation thereof any burden, notice or entry that he is satisfied no longer affects or relates to the property.

8 Correction of clerical and other errors.

8. (a) Where a clerical error is discovered in a register or registry map, the Registrar may, after giving any notices and obtaining any evidence or assent that he may deem proper, make the necessary correction.

(b) Any other error in a register or registry map originating in the Registry may be corrected with the consent of the registered owner of the property which is affected by such error or correction and of such other persons as appear to the Registrar to have an interest.

9 Revision of descriptions of property.

9. The description of property in the registers shall be revised by the Registrar from time to time and made conformable with its description on the registry map as and when revised.

10 Indexes.

10. (1) There shall be maintained in the Registry an index of names and an index of lands.

(2) The index of names shall contain the name and address of every registered owner of freehold land, a leasehold interest or a right in the register maintained under section 8 (b) of the Act and a reference to the folio of the register in which his ownership is entered.

(3) The index of lands shall contain the identification references on the registry map to every parcel of land of which the ownership is registered in the register of owners of freehold land, or on orout of which the ownership of a leasehold interest or an incorporeal hereditament is registered in the register of leasehold interests or in the register maintained under section 8 (b) of the Act, and a reference to the folio of the register in which the ownership is entered.

(4) The index of names kept in a local office shall not include the names of the registered owners of rights in the register maintained under section 8 (b) of the Act ; and the index of lands shall not be kept in a local office.

11 Closing of register in respect of charges.

11. A requisition by an owner of a charge registered in the register maintained under section 8 (b) of the Act to close such register in respect of such charge for the purpose of having the ownership registered in the register of the property charged shall be made in writing by the registered owner or his solicitor and shall be accompanied by consents of all persons appearing from the register to have any interest in the charge.

12 Duplicates of registers to be kept in local offices.

12. Duplicates of the register of ownership of freehold land and the register of ownership of leasehold interests in a county shall be kept and maintained in the local office of the county.

13 Functions of local offices.

13. (1) There shall be kept in each local office such books, forms and files, for the transaction of the business of the office, as the Registrar may from time to time direct.

(2) Each local registrar shall be responsible for—

(a) the registration in the registers of his office of the entries therefor transmitted from the central office ;

(b) the maintenance of the registers and indexes of his office ;

(c) the safe custody of the registers and other records of his office, the inspection and delivery of copies thereof where such inspection or delivery is authorised by these Rules, the assessment and collection of the prescribed fee for an inspection made or copy delivered and the fees so collected ;

(d) the receipt in accordance with these Rules of documents that may be received in his office for the purposes of a registration, the assessment and receipt of the prescribed fee for the transaction for which the document is presented and the transmission to the central office within the prescribed time of the documents and fee so received.

PART II FIRST REGISTRATION, CONVERSION OF POSSESSORY AND QUALIFIED TITLES, AND OTHER REGISTRATIONS INVOLVING EXAMINATIONS OF THE TITLE OF PERSONS TO UNREGISTERED INTERESTS IN REGISTERED PROPERTY

Applications for first registration

14 Application for first registration.

14. (1) Every application for first registration of ownership under the Act, except an application under rule 17 or an application by a statutory authority under rule 19 (3), 20 (1), 21 or 22, shall be by application in Form 1 or 2, as the case may require.

(2) Subject to paragraph (3), every application or instrument for first registration of ownership which is sent to or lodged in the Registry (other than one in respect of which it is provided by statute that no fee shall be payable) shall be accompanied by the prescribed fee.

(3) In any case in which registration is compulsory—

(a) an application or instrument unaccompanied by the prescribed fee for the registration applied for may be received for registration, if accompanied by an undertaking in writing by a solicitor to pay the prescribed fee, or, if the application is made by the applicant in person, by such deposit as the Registrar may direct in addition to an undertaking in writing by the applicant to pay the prescribed fee ;

(b) no registration shall be made under an application or instrument sent or delivered without the prescribed fee until the fee is paid. If the fee is not paid within one month of the receipt of the application or instrument, the proceedings shall be treated as abandoned and the documents lodged by the applicant shall be re-delivered to him.

15 Documents to accompany application for registration of ownership of freehold land and of incorporeal hereditaments held in gross.

15. (1) An application for registration of the ownership of freehold land or of the ownership of incorporeal hereditaments held in gross, to which rule 19 (3), 20 (1), 21 or 22 does not apply, shall, unless the Registrar otherwise directs, be accompanied by—

(a) a concise statement of the title giving in chronological order a summary of the documents and the events and facts on which the applicant's claim to the property is based,

(b) all original deeds and all documents in the applicant's possession, or under his control, relating to the property, including opinions of counsel, abstracts of title, contracts for and conditions of sale, searches, requisitions and replies, and other like documents, and the evidence by affidavit, statutory declaration, or otherwise, proving the facts stated and necessary to be proved to establish the title,

(c) a plan of the land the ownership of which is sought to be registered, or of the land affected by the incorporeal hereditament the ownership of which is sought to be registered, drawn on the current largest scale map published by Ordnance Survey, unless there is a plan thereof on some muniment of title sufficient to identify it on the registry map, or unless the application otherwise sufficiently identifies the land aforesaid on the registry map,

(d) a schedule in duplicate of all documents lodged with the application.

(2) Where the applicant, as authorised by these Rules, relies on the opinion of counsel in support of his title, the statement of title required by this rule need not be lodged.

16 Documents to accompany application for registration of ownership of leasehold interests and of rights (other than incorporeal hereditaments held in gross).

16. An application for registration of the ownership of a leasehold interest or of the ownership of a right (other than an incorporeal hereditament held in gross), to which rule 19 (3) or 22 does not apply, shall, unless the Registrar otherwise directs, be accompanied by the following documents—

(a) where the application is by or on behalf of the original lessee or grantee or the personal representative of either of them, and registration with an absolute title is not required, the lease or grant and, unless the application otherwise sufficiently identifies the property subject thereto on the registry map, a plan of the property drawn on the current largest scale map published by Ordnance Survey,

(b) except in cases to which sub-paragraph (a) applies, the documents specified in rule 15 (1) (a), (b) and (d) and, unless the application otherwise sufficiently identifies the property subject thereto on the registry map, a plan of the property drawn on the current largest scale map published by Ordnance Survey.

17 Application for first registration based on possession.

17. Where an application for registration of ownership of freehold or leasehold property is based on possession, or where the applicant has no documents of title in his possession or under his control in relation to such property, and the Registrar is satisfied on inquiry or otherwise that the applicant is in possession or in receipt of the rents and profits of the property, the application may be made in Form 5, with such modifications therein as the case may require.

18 Examination of title.

18. Every title to property the subject of an application under rule 14 or 17 shall be examined by or under the supervision of the Registrar, who shall direct such searches, advertisements, notices and enquiries, and take such indemnity, as he may deem necessary. No evidence of title shall be called for that could not be required on a sale of the property under an open contract.

19 Modification of examination of title.

19. (1) Save as otherwise provided in this rule, the title to be shown by the applicant may commence with a disposition of the property made not less than 30 years prior to the date of the application that would be a good root of title on a sale under a contract limiting only the length of title to be shown.

(2) Where the market value of the property the subject of the application is shown to the satisfaction of the Registrar not to exceed £2,000, the title to be shown by the applicant may commence—

(a) with a disposition of the property made not less than 20 years prior to the date of the application that would be a good root of title on a sale under a contract limiting only the length of title to be shown or

(b) with a conveyance or assignment on sale made not less than 12 years prior to the date of the application that would be a good root of title on a sale under a contract limiting only the length of title to be shown.

(3) In cases of sale in a district where registration of title is compulsory on sale and the purchase money of the property does not exceed £2,000, the Registrar may, if he thinks fit, register a title as absolute or good leasehold on production of a certificate by a solicitor, at the expense of the applicant, to the effect that

(a) he acted for the applicant on the purchase which induced the application for registration ;

(b) he investigated, or caused to be investigated, the title in the usual way on the applicant's behalf and made, or caused to be made, all such searches as he considered necessary ;

(c) the whole of the purchase money was paid to the person mentioned in that behalf in the conveyance or assignment ; and

(d) he believes, as the result of his investigation and subject to registration, that the conveyance or assignment validly conveys or assigns to the applicant the estate or interest in the property purported to be conveyed or assigned, free from any adverse rights or incumbrances or restrictive covenants.

The certificate may be in Form 3, adapted to include the matters mentioned in sub-paragraphs (a), (b), (c) and (d) above.

(4) Where property is acquired by a statutory authority and the purchase money or compensation paid therefor does not exceed £900,

(a) the Registrar may dispense with the official examination of the title and may register the statutory authority on a certificate of title by the solicitor for such authority ;

(b) the application for first registration shall be in Form 3, shall be signed by the solicitor for the statutory authority and shall be accompanied by a plan of the property drawn on a revised Ordnance Survey map.

(5) Where the title of an applicant has been examined for a period not less than that prescribed by paragraph (1) or (2) of this rule—

(a) by the conveyancing counsel of a court on a sale or purchase of the property under an order of the court or

(b) by a practising barrister of not less than 6 years' standing on a sale or mortgage of the property,

the Registrar may dispense with, or modify as he thinks fit, the official examination of title.

(6) Where, in the course of the investigation of a title, the applicant so requests, or it appears desirable to the Registrar that the title should be referred to counsel for his opinion, the Registrar may, with the consent and at the expense of the applicant, agree that the title be referred to counsel for his opinion generally or on any of the following specific matters—

(a) whether he is satisfied as to the identity of the property in the title deeds with the property the subject of the application ;

(b) whether the applicant is to be registered as full owner or as limited owner, and the class of title with which he is to be registered ;

(c) if the applicant is entitled as trustee, what inhibition is required for the protection of the trusts ;

(d) if the applicant is to be registered as full owner the burdens (if any) specified in section 69 of the Act that affect the property and their priority inter se ;

(e) if the applicant is to be registered as a limited owner, the documents constituting the settlement, the trustees for the purposes of the Settled Land Acts, the burdens under section 69 of the Act that have priority to the settlement and their priority inter se;

(f) whether the evidence produced discharges his requisitions on the title.

20 Application by Land Commission for registration with possessory title.

20. (1) An application by the Land Commission under section 26 (1) of the Act for the first registration of a person as owner with a possessory title shall be in Form 4 and shall be accompanied by a plan of the property drawn on a revised Ordnance Survey map.

(2) A certificate by the solicitor for the applicant shall be endorsed on the application, certifying that the person whose registration is applied for is in possession of the property the subject of the application.

21 Application by local authority under statutory powers for first registration of purchaser.

21. Application by a local authority for the first registration of a purchaser of property under the Labourers Act, 1936 , shall be made by lodging in the Registry the documents prescribed by section 19 (2) of that Act.

22 Documents to be lodged on registration procured by Land Commission.

22. The document to be transmitted by the Land Commission to the Registrar

(a) on an acquisition of property under section 23 (1) (b) of the 1891 Act or under section 27 of the Land Act, 1950 ,

or

(b) under a sale to a purchaser under the Land Purchase Acts on or after the 1st January, 1892, in order that he may be registered as owner,

shall be in the form of the vesting order, vesting fiat, final list ortransfer order, under or by virtue of which the property is vested in the Land Commission or the purchaser, as the case may be, and may, except in the case of a transfer order, be an official copy of such instrument. The document shall be accompanied by a plan of the property drawn on a revised Ordnance Survey map.

23 Transfers to registers of recorded property.

23. (1) The title to property recorded under the Record of Title (Ireland) Act, 1865, shall, at such times as the Registrar may direct, be transferred to the registers established by the Registration of Title Act, 1964 .

(2) The Registrar may postpone the entry of any recorded property in a register under the Act of 1964 until an application is about to be made for registration under a disposition thereof.

(3) On the entry of the ownership of recorded property in a register under the Act of 1964, the record thereof under the Act of 1865 shall be closed and a reference made thereon to the folio of the register to which the property has been transferred.

24 Registration of recorded property.

24. On the transfer of recorded property to a register under the Act—

(a) all charges, incumbrances, leases and other rights on the record that are burdens within the meaning of section 69 of the Act shall be entered as burdens in the register in their priority as recorded ;

(b) notice of the existence of any of the burdens specified in section 72 of the Act that are on record shall be entered in the register ;

(c) the person appearing on the record as entitled to the property shall be entered in the register as full or limited owner with absolute title according to his estate therein as shown by the record.

25Entry of easement or profit à prendre part of description of property registered.

25. (a) An easement or profit à prendre expressly granted as an appurtenance by a Land Judge's conveyance or a Land Commission vesting order, vesting fiat or other instrument may be entered in the register as part of the description of the property and may be described in the register by reference to the conveyance, order, fiat or other instrument.

(b) Where a registered owner or an applicant for registration as owner, whether on first registration or at any other time, desires to have a specific entry made in the register of any right appurtenant to the property acquired otherwise than by prescription, he, or his solicitor on his behalf, may make written application to the Registrar for such an entry to be made ; whereupon the Registrar may, on production of satisfactory evidence of title and subject to the service of such notices (if any) as he may direct, enter such right in the register as appurtenant to the property.

26 Property acquired under the Land Purchase Acts and on exchange.

26. (1) Where, on first registration of property purchased under the Land Purchase Acts, the Registrar is not satisfied that the granting of an absolute or qualified title is warranted, he shall register the property with a possessory title.

(2) Where the property has been acquired in exchange for property registered with a possessory title and the unregistered rights protected by such registration that apply to the property given in exchange are transferred under any provision of the Land Purchase Acts to the acquired property, the registration of the acquired property shall be made with a possessory title.

27 Notice of statutory restrictions.

27. Where, on an application for the first registration of the ownership of property, it appears that the property is subject to restrictive or prohibitive provisions under any enactment against alienation, assignment, sub-division, letting or sub-letting, notice shall be entered in the register of the fact that the property is subject to such restrictive or prohibitive provisions.

28 Entries relative to mines and minerals.

28. (1) Where, on an application for first registration of the ownership of property, no evidence is forthcoming as to the ownership of the mines and minerals therein or such ownership is not proved to the satisfaction of the Registrar or it appears from any document, or otherwise, that all or any of the mines and minerals are severed from the property, a note shall be entered in the register to the effect that the registration does not extend to the mines and minerals or to such of them as are so severed.

(2) Where on an application for the first registration of the ownership of property, or at any time after such registration, it is proved to the satisfaction of the Registrar that the right to all or any of the mines or minerals is vested in the applicant, or in the registered owner, he may extend the registration to such mines and minerals by adding to the description of the property in the register a note to the effect that the mines and minerals, or specified mines and minerals, are included in the registration ; and they shall thenceforth form part of the property described in the register of which the ownership is registered.

29 Memorial for Registry of Deeds.

29. Except as is otherwise provided in the Land Purchase Acts, the memorial for the Registry of Deeds of the registration of property under the Act shall be in Form 6, with such modification thereof as the Registrar in special circumstances may allow. It shall be sealed with the Registry seal and shall be transmitted to the Registry of Deeds for registration at the beginning of the day on which the property is entered in a register of the Registry and prior to the registration on that day of a memorial in the Registry of Deeds lodged by any member of the public.

30 Flat, floor, cellar, tunnel, mines and minerals; or foreshore.

30. (1) (a) Where the property comprised in an application for registration is a flat or floor, or part of a flat or floor, of a house, or a cellar or tunnel, or mines and minerals, or an underground space apart from the surface, a plan shall be furnished of the surface under or over which the property to be registered lies together with such other plans, sections and other description (if any) as the Registrar may deem necessary and with particulars of any appurtenant rights of access, whether held in common with others or not, or obligations affecting other property for the benefit of the property the title to which is being registered, and also, in the case of mines and minerals, with particulars of the rights incidental to the working of the mines and minerals that may be subsisting.

(b) Before the registration of such property is completed, notice may be given to the reputed owners or to the occupiers of the other property or properties above or below and (if in the same building) adjoining laterally the property to be registered, and to such other persons as the Registrar may direct.

(2) Where any land comprised in an application for registration of ownership includes foreshore, the fact should be stated in the application so that such notice (if any) as may be required by section 125 of the Act may be served.

Cautions against first registration

31 Form of caution and affidavit in support of it.

31. (1) A caution requiring notice of an application for the first registration of the ownership of property, other than a caution under section 43 of the Agricultural Credit Act, 1947 , shall be in Form 7.

(2) A caution under section 43 of the Agricultural Credit Act, 1947 , requiring notice of an application for first registration shall be in Form 8.

(3) The affidavit of interest in support of the caution shall be in Form 9 and shall be made by the cautioner or his solicitor.

(4) A cautioner may at any time, by writing signed by himself or his solicitor, withdraw his caution or consent to a registration.

32 Time for objection and form of notice on cautioner.

32. The time to be stated in the notice to be served on a cautioner under section 96 of the Act, within which he may appear and oppose an application for first registration, shall be 10 days. The notice shall be in Form 10.

Conversion of possessory title into absolute title where the property has been purchased under the Land Purchase Acts

33 Application where ownership registered 30 years.

33. Where the ownership of property to which section 23 (1) (b) of the Act of 1891 or section 26 of the Act applies has been registered for 30 years, the Registrar may convert a possessory title into an absolute title on application by the registered owner or his personal representative in Form 11, with such modifications as the case may require.

34 Application where ownership registered 12 years under transfer for value.

34. Where the ownership of property to which section 23 (1) (b) of the Act of 1891 or section 26 of the Act applies has been registered for over 12 years, and an applicant for the conversion of a possessory title claims as, through, or under a registered owner registered not less than 12 years prior to the application on a transfer for valuable consideration made after the first registration of such property and occupation has been in accordance with the registered title, the Registrar may, on lodgment of an application in Form 12, with such modifications therein as the case may require, convert the title into an absolute title.

35 Application where property acquired by a statutory authority and purchase money does not exceed £900.

35. (1) Where property to which section 23 (1) (b) of the Act of 1891 or section 26 of the Act applies and which is registered with a possessory title has been acquired by a statutory authority and the purchase money or compensation paid on the acquisition does not exceed £900, the Registrar may, on an application by the solicitor for the statutory authority certifying that he has investigated the title prior to first registration and that on such investigation no adverse rights, restrictive covenants or incumbrances were disclosed, convert the title into an absolute title.

(2) The application shall be in Form 15, with such modifications therein as the case may require.

36 Other applications for conversion of possessory title.

36. (1) Every other application for the conversion of a possessory title into an absolute title, in the case of property to which section 23 (1) (b) of the Act of 1891 or section 26 of the Act applies, shall show the title to the property that existed prior to its purchase under the Land Purchase Acts.

(2) Where the Registrar so permits, the title to the tenancy

(a) may commence with a disposition made not less than 20 years prior to the date of the application

or

(b) may be deduced for a period of not less than 30 years prior to the application, whether based on possession or otherwise.

(3) The application shall be made by affidavit in Form 13 or 14, with such modifications therein as the case may require, according as the applicant does or does not rely on opinion of counsel.

37 Examination of title to interests protected by registration with a possessory title.

37. (1) In applications under rule 36, the title shall be examined by or under the supervision of the Registrar, who may extend the examination in such a manner as the circumstances of the particular case may require ; but no evidence of title shall be called for that could not be required on a sale of the property under an open contract.

(2) Without prejudice to the power of the Registrar in any case to dispense with or modify the official examination of title, he may do so—

(a) where the title has been examined for the prescribed period by a practising barrister of not less than 6 years' standing on the occasion of a disposition for valuable consideration, and his opinion of its validity, with the evidence on which it was based, is lodged with the application ;

or

(b) where, in the course of an investigation of title, there is a reference to counsel for his opinion analogous to a reference under rule 19 (5).

Conversion of possessory title into absolute title or good leasehold title where the property has not been purchased under the Land Purchase Acts

38 Conversion of registered title in cases under subsection (1) or (2) of section 50 of the Act.

38. (1) In a case to which paragraph (a) of subsection (2) of section 50 of the Act applies, the applicant shall lodge all the documents specified in that paragraph together with an affidavit in Form 16, adapted where necessary, unless the Registrar otherwise directs.

(2) In a case to which paragraph (c) of the said subsection applies, it shall not be necessary for the applicant to lodge the documents specified in paragraph (a) of the subsection.

(3) An application to convert a possessory title into an absolute title, in a case to which paragraph (a) of subsection (2) of section 50 of the Act does not apply, shall be made on affidavit in Form 1 (adapted). The application shall be accompanied by an affidavit in Form 16.

39 Notice, advertisement and enquiries before such conversions.

39. Before conversion of a possessory title in a case to which the foregoing rule applies, the Registrar

(a) may serve such notices as he may consider necessary, including notices to owners of neighbouring property, who, he may have reason to think, may be entitled to enforce restrictive conditions affecting the property;

(b) may, at the applicant's expense (unless an order to the contrary is made by him), insert notice of the intended conversion in Iris Oifigiúil and in such other newspapers (if any) as he may direct;

(c) may make such enquiries on the property or elsewhere as he may consider necessary.

Conversion of qualified title into absolute or good leasehold title

40 Application for conversion of qualified title.

40. An application to convert a qualified title into an absolute or good leasehold title shall be made in writing and shall be accompanied by evidence of the title of the registered owner to the estate or interest excepted in the register from the effect of registration or by such other evidence as the applicant relies on in proof that the estate or interest so excepted has been extinguished or has otherwise ceased to affect the property. The application shall be accompanied by an affidavit of discovery in Form 16, with such modifications as the case may require.

General provisions as to the conversion of possessory or qualified titles

41 Notice of intended conversion to be given.

41. Before the conversion of a possessory title consequential on an examination of title, the Registrar shall, if he considers it necessary—

(a) give notice of the intended conversion to the registered owner, if he is not the applicant for, or a consenting party to, the proposed conversion,

(b) where a burden is ascertained to have priority over a registered burden, give notice to the owner or reputed owner of the registered burden of the priority so ascertained and of the proposed registration of the burden,

(c) at the applicant's expense, give such notice of the intended conversion, or of proposed entries or cancellation of entries consequential on the examination of title, as he may think proper.

42 How burdens ascertained entered on conversion.

42. On conversion of a possessory or qualified title, consequential on an examination of title under these Rules—

(a) a burden ascertained to affect the property shall be entered in the register in the same manner as a burden created after first registration; but no ownership of the burden shall be registered until the title of the person claiming such ownership has been shown to the satisfaction of the Registrar;

(b) where the burden is ascertained to be in priority to a registered burden, a note of such priority shall be made in the register.

43 How register made conformable with titles ascertained.

43. Where it appears to the Registrar, on an application to convert a possessory or qualified title, that a registered burden does not affect the ownership of the property as ascertained, or affects only a limited ownership or estate in remainder therein, he shall give notice to the owner or reputed owner of the burden of the facts ascertained and of the entries and cancellation or amendment of entries in the register that he proposes to make; and, in default of objection or subject to the determination in accordance with these Rules of any objection made, such cancellation or amendment of the entry or proposed new entry shall be made as may be necessary to make the registered title conformable with the title as ascertained.

44 Issue of land certificate in substitution for deed deposited as a lien.

44. Where, on the conversion of a possessory or qualified title, it appears that a lien created by deposit of the title deeds to the property prior to its first registration is a right affecting it, and no burden created after the deposit is registered, the land certificate issued in respect of the property may, with the consent of the registered owner and the depositee, be issued to the depositee in substitution for the title deeds as the evidence of his lien by way of equitable mortgage on the property.

Other examinations of title

45 Other examinations of title outside register.

45. An application to examine the title of—

(a) the lessor of a leasehold interest the ownership of which is registered with a good leasehold title, for the purpose of noting that the title is converted to an absolute title,

or

(b) a grantor of a registered incorporeal hereditament of freehold tenure, for the purpose of noting that theregistered title is converted to an absolute title,

or

(c) the grantor of a fee-farm grant or grant in perpetuity made under the provisions of any enactment in conversion of a registered leasehold interest, for the purpose of having the property transferred from the register of ownership of leasehold interests to the register of ownership of freehold land,

or

(d) any person to a mortgage or charge registered as a burden the ownership of which is not registered, for the purpose of having it withdrawn from the register or of having its owner registered,

shall be in Form 1 or 2, with such modifications as the case may require, and the provisions of the foregoing rules shall where necessary apply thereto, except that a plan need not be lodged with the application.

Title acquired by possession to registered land

46 Title to registered land acquired by possession.

46. Pursuant to section 49 of the Act, any person claiming to have acquired a title by possession to registered land may apply for his registration as owner in Form 5 (adapted), whereupon the Registrar, if satisfied that the said person has acquired the title, may register the applicant as full owner with absolute, good leasehold, possessory or qualified title, as the case may require.

General provisions relative to first registration and applications requiring an examination of title of unregistered interests

47 Form of affidavit of discovery.

47. An affidavit of discovery made pursuant to section 93 of the Act shall be in Form 16. Unless the Registrar permits otherwise, the affidavit shall be made by the applicant. Where made by any person other than the applicant, the deponent shall state his means of knowledge.

48 Registration of tenants in common.

48. Where it appears to the Registrar from an examination of title that two or more persons are entitled to property as tenants in common, he shall ascertain and enter in the register the share of each person in the property.

49 Registration of trustee owner.

49. Where an applicant for registration as owner or the registered owner, as the case may be, is a trustee, he may have entered in the register on the completion of the registration an inhibitionto restrict registrations under dispositions that are unauthorised by the trust.

50 Notice to be given of proposed registration.

50. Unless the Registrar in special circumstances otherwise directs, no registration consequential on an examination of title shall be completed until the applicant, and such other persons as the Registrar may direct, have been notified of the registration proposed.

51 Date of registration.

51. Every registration or entry in a register consequential on an examination of title of unregistered interests shall be made as of the day on which the draft folio for the register or the draft entry for a folio is finally settled in the Registry.

PART III DEALINGS WITH REGISTERED PROPERTY

General

52 Form of instruments.

52. (1) The forms of transfer, charge and other disposition prescribed by these Rules shall be used in all transactions to which they refer or to which they are capable of being applied or adapted, with such alterations and additions as the transaction may require and the Registrar allows.

(2) Instruments for which no form is prescribed shall be in such form as the Registrar shall direct or allow, the scheduled forms being followed as closely as circumstances will permit.

53 Applications or instruments in improper form.

53. If it appears to the Registrar that any application or instrument is improper in form or in substance or is not clearly expressed or does not indicate with sufficient precision the particular interest or land which it is intended to affect or refers only to matters which are not the subject of registration under the Act or involves registration of a restriction which would be unreasonable or calculated to cause inconvenience or is otherwise expressed in a manner inconsistent with the principles upon which the register is to be kept, he may refuse registration, either absolutely or except subject to such modifications therein as he shall approve.

54 Evidence of execution of instruments.

54. The execution of every application, except an application by a solicitor, and of every instrument shall be attested by a witness. The execution of an application or an instrument by a blind or illiterate person shall be verified by affidavit of an attesting witness to the effect that it was read over and explained to such person and that such person appeared to understand same.

The execution of an application or an instrument by a person by his mark, due solely to physical disability, shall be verified by affidavit of an attesting witness giving the reason for such execution. The execution of an application or an instrument by other persons shall be verified by affidavit of an attesting witness wherever the Registrar so requires.

55 Evidence of execution of instruments by attorney.

55. (1) Where an application or instrument is executed by attorney, the power of attorney, or an office copy thereof, shall be produced to the Registrar; and, in cases not within sections 8 and 9 of the Conveyancing Act, 1882, evidence shall also be given that the principal was alive at the time of the execution of the instrument and that the power was then unrevoked.

(2) The power of attorney or an office copy thereof shall be filed in the Registry.

56Identification of part of registered property transferred.

56. An instrument dealing with part of the property in a folio of the register shall be accompanied by a plan drawn on a section of an Ordnance Survey map and referred to in the instrument, or on a section of an Ordnance Survey map signed by the grantor and by the grantee or his solicitor showing the part dealt with, unless such part is clearly defined on the registry map and may be identified thereon from the description in the instrument. Such plan shall be filed in the Registry and form part of the instrument.

57 Application by solicitor for registration of dealing.

57. (1) Every application or instrument sent to or delivered at the Registry for registration by a solicitor shall be accompanied by a statement signed by him setting out—

(a) the names of all the parties to the transaction for whom he acts as solicitor,

(b) the documents sent,

(c) the ownership or other entries for the registration of which he applies,

(d) the name of the person who had the custody of a land certificate or certificate of charge lodged for the purposes of the registration and the name of his solicitor, if it is to be re-issued to his solicitor.

(2) The statement may be in Form 17.

58 Evidence of the sealing of deeds.

58. The registrar shall be entitled to assume that every deed expressed to be sealed by the parties (other than a corporate body) executing same shall have in fact been so sealed notwithstanding that the deed bears no trace of such sealing at the time of lodgment in the Registry.

59 Presentation of dealing for registration.

59. (1) Applications and instruments may be sent to or delivered at the central office or the local office of the county in which the property is situate. An application or instrument sent to or delivered at a local office shall be transmitted by the local registrar to the central office by post on the day of its receipt.

(2) An application or instrument in respect of registered property with the proper Revenue stamp impressed thereon, and accompanied by the prescribed fee for the registration applied for and otherwise prima facie in order for registration, may be received for registration except as provided in paragraph (3).

(3) If the production of a land certificate or certificate of charge (other than a certificate in the custody of the Land Commission) is required under these Rules for the purpose of a registration, the instrument or application shall not be received unless the certificate is or has been produced for the purpose of the registration sought or an application under rule 164 is lodged therewith for an order for the production of the certificate. Where an application for an order for the production of the certificate is refused, the receipt of the instrument or application for registration shall be cancelled and the proceedings thereunder treated as abandoned.

60 Dealings to be accompanied by prescribed fee.

60. Every application or instrument in respect of registered property sent to or lodged in the Registry shall be accompanied by the prescribed fee.

61 Priority of dealings received for registration.

61. (1) Save as is otherwise provided in these Rules, applications and instruments shall rank for priority of registration in the order in which they are received in the central office.

(2) Applications and instruments affecting the same property received from a local office on any day by the same post shall rank for the purposes of priority in the order in which they have been received by the local registrar at the local office; subject thereto, all applications and instruments received through the post on any day prior to the opening of the central office to the public on that day shall be deemed to be delivered at the same time and immediately before the opening of the office to the public on that day; and all applications and instruments received through the post after the opening of the office to the public shall be deemed to be delivered at the same time and immediately before the closing of the office to the public on that day.

(3) Two or more applications or instruments relating to the same property delivered at the same time by the same person shall rank for the purposes of priority in the order directed by the person delivering them or, in the absence of such direction, in such order as may be inferred from the applications and instruments.

62 Notice in register of pending registration and forgery notice.

62. (1) Notice of every application or instrument received for registration shall, pending registration, be entered in or attached to the folio of the register to which it relates in such manner as the Registrar may direct.

(2) Notice of the receipt of an application or instrument for registration shall be sent from the Registry to the registered owner by whom it purports to be executed, and, if within the time prescribed in the notice the owner to whom it is sent does not notify the Registrar that the application or instrument was not executed by him, registration may be completed.

63 Date of registration.

63. Except as otherwise provided by statute, or as provided in rules 51, 65(3) and 191, registration shall be completed as of the day on which the instrument or application is received for registration.

64 Registrar may refuse registration or may require amendment of instrument or application in certain cases.

64. (1) Where it appears to the Registrar that an application or instrument is not expressed so as to indicate with sufficient precision the property or part of the property in the register to which it relates or the ownership, burden or notice to be entered in the register, or that the instrument or other document or the execution thereof is defective, or that an assent, declaration or affidavit presented with it does not disclose the facts required by these Rules to be stated in regard to the registration applied for, he may refuse to make any registration thereunder either absolutely or except with such modifications as he shall approve. Where he is of opinion that the registration may be effected on the defect or omission being corrected, he may notify the applicant and may require him to rectify it by amendment and re-execution of the instrument or by lodgment of a supplemental application, assent, affidavit or instrument, as the case may be, within a time, not less than 21 days, to be stated in the notice.

(2) Where an applicant does not comply with a notice sent under this rule within the time stated therein, the Registrar may treat the application for registration as abandoned, and thereupon its receipt for the purposes of the registration applied for shall be cancelled and the documents lodged by the applicant shall be re-delivered to him.

65 Amendment of instrument and priority of amended instrument.

65. (1) Where any alteration is required in an instrument after it has been received for registration, it may, if the Registrar permits, be withdrawn from the Registry for the purpose of alteration and re-execution before any entry under it has been made in a register.

(2) The re-execution shall be by all persons whose interests appear to be affected, whether or not it was originally executed by them.

(3) On re-delivery at the Registry, the instrument shall be entered for the purposes of the registration applied for as of the date and priority of the re-delivery.

66 Adjudication of sufficiency of stamp on instrument.

66. (1) Where a question arises whether an instrument bears the proper Revenue stamp, and the solicitor for the applicant gives a written undertaking that he will, within a time fixed by the Registrar, furnish evidence that the deed is sufficiently stamped, the instrument may be returned to the solicitor for the purpose of procuring such evidence and the entry of the instrument for registration may be made or continued. If such instrument is subsequently, within the time fixed, lodged, with the evidence that it is sufficiently stamped, registration shall be completed as of the date of the lodgment of the original application.

(2) Where the written undertaking has not been complied with within the time fixed, the entry of the instrument for the purposes of the registration applied for shall be cancelled.

67 Registration of a tenant in common.

67. An application for registration as owner by a person claiming as tenant in common of an undivided share in property shall state the share to which he is entitled, where the share does not appear from the instrument lodged. The entry in the register shall be that the applicant is full owner or limited owner, as the case may be, of a specified undivided share of the property.

68 Registration of trustee owner.

68. Where an applicant for registration is a trustee, he may have entered in the register on the completion of the registration an inhibition to restrict registrations under dispositions that are unauthorised by the trust.

Transfers

69 Forms of transfer.

69. A transfer shall be made by an instrument in one of the forms of transfer in the Schedule of Forms.

70 Subdivision of property subject to restrictions.

70. An application for registration, on a sub-division of property which is subject to a statutory restriction against sub-division without the consent of the Land Commission, shall be accompanied by—

(a) the consent of the Land Commission to the sub-division ;

(b) where the consent of the Land Commission to the subdivision is conditional, evidence that the conditions in such consent have been complied with, including—

(i) a certificate of the Land Commission of compliance with the conditions in the consent as to payment,

or payment and redemption, as the case may be, of the land purchase annuity, insurance of buildings (if required), and with any other conditions of the compliance with which the Land Commission must be satisfied,

(ii) the consent of the necessary parties to the consolidation of the property with any other property, if such consolidation is required by the Land Commission ;

(c) the map (if any) referred to in such consent.

If the subdivision is effected by transfer, the deed of transfer may be in Form 22.

71 Registration of transferee who is a trustee.

71. Where a transfer is made to a transferee who is a trustee of the property transferred, he may have entered in the register on the completion of the registration an inhibition to restrict registrations under dispositions that are unauthorised by the trust.

72Registration under a transfer or vesting order on sale in execution of order of court.

72. (1) A transfer on sale by a registered owner (or by his personal representative or by a person appointed in that behalf by the court) in execution of a decree, judgment or order of a court, or a vesting order on sale in pursuance of such a decree, judgment or order, shall be accompanied by—

(a) an office copy of the order of the court directing the sale of the property,

(b) a certificate of the Examiner of the High Court or (if the sale has been directed by the Circuit Court) a certificate of the county registrar, certifying the result of his enquiries as to incumbrances,

(c) where the sale is in pursuance of an order of the Circuit Court, a further certificate of the county registrar specifying the parties to the proceedings for sale and the persons served with notice of, and bound by, such proceedings.

(2) On production in the Registry of the relevant documents referred to at sub-paragraphs (a), (b) and (c), the Registrar may cancel such charges, judgment mortgages and other burdens in the register of the property comprised in the transfer that appear no longer to affect the property sold.

73 Effect of covenant to pay rent or indemnify may be noted in register.

73. On a transfer of property subject to an existing rent or to a burden appearing in the register, a covenant in the transfer by either party to indemnify or exonerate the other party from the rent or burden or part of it, or the effect of it, may be noted in the register.

74 Registration of purchaser from personal representative of owner discharged from judgment mortgage on interest of beneficiary.

74. (1) On an application for registration of a purchaser as owner under a transfer on sale from the personal representative of a full owner of property, the purchaser may apply for cancellation of every entry of notice of a deposit of an affidavit of judgment as a mortgage on the estate or interest of a person who has a beneficial interest in the property under the will or on the intestacy of the deceased owner or under section 111 of the Succession Act, 1965 .

(2) Notice of the intended cancellation shall be sent to the person appearing from the register to be entitled to the judgment debt.

(3) The provisions of rule 121 shall apply, mutatis mutandis, to such application and notice.

75 Registration under a settlement.

75. On a transfer by way of settlement other than a transfer to which subsection (3) (inserted therein by section 54 of the Succession Act, 1965 ) of section 61 of the Act applies], no person shall be registered as limited owner thereunder without service of notice of the application for his registration on the trustees (if any) of the settlement (whether trustees for the purposes of the Settled Land Acts or not), unless the trustees concur in the application.

76 Registration under grant reserving rent.

76. A transfer of freehold property by a grant thereof in perpetuity reserving a rent shall be given effect to by registering the grantee as owner of the property and the rent as a burden thereon.

77 Registration of companies.

77. (1) A company within the meaning of the Companies Act, 1963 , that applies for registration under a transfer shall produce a certificate by the Registrar of Companies of its incorporation.

(2) A company incorporated outside the State that applies for registration shall produce evidence of its incorporation.

(3) On a disposition by a company, the Registrar shall not inquire whether the transfer is incidental to the objects of the company as set out in its memorandum of association.

(4) On a disposition by a company where the seal appears to have been affixed in the presence of and attested by the secretary, deputy secretary or a member of the board of directors of the company, the Registrar shall be entitled to assume that the deed was duly executed by the company.

78 Registration under transfer over-reaching estate or interest of registered owner.

78. (1) Where, in a case to which section 60 of the Act applies, the ownership of registered property passes to another person under a disposition in defeasance of the estate or interest of the registered owner, then, subject to any objection received in reply to a notice sent as prescribed by rule 79, registration of thetransferee shall be made on the production of the following evidence—

(a) where the disposition is made by a person in the exercise of a statutory power or a power registered as a burden, the appointment, deed poll or other instrument by which the power is exercised and, subject to rule 83, such evidence as a purchaser could require if the property was unregistered, showing that the power is exercisable, and has been exercised, by the person in whom it is vested ;

(b) where the disposition is made by a person other than the registered owner in execution of a judgment, order, decree or process of court, the disposition executed by the person appointed by the court to execute it, accompanied by an office copy of the order of the court appointing him ;

(c) where the property is transferred by statute, an application in writing for registration in which the statute relied on is referred to, and, subject to rule 84, the evidence relied on in proof that the conditions have arisen or that the events have happened that transfer the property by virtue of the statute.

(2) Proof of any facts required by this rule may be given by affidavit or statutory declaration.

79 Notice of application for registration under transfer over-reaching estate or interest of registered owner.

79. (1) The notice of an application for registration in defeasance of the estate or interest of a registered owner referred to in section 60 of the Act shall not be given where the estate or interest is over-reached by statute, a Land Judge's conveyance, a vesting order of a court or of the Land Commission, a transfer by the Land Commission in exercise of its statutory powers or a transfer executed by a person appointed by a court for that purpose in execution of its judgment, order or decree.

(2) In default of the concurrence of the personal representative of a deceased full owner, or, in the case of a charge or burden, of a deceased owner, to an application for registration under the said section 60 in cases other than those specified in paragraph (1) of this rule, notice of the application shall be given—

(a) to the personal representative or,

(b) where there is no personal representative, to the person or persons claiming to be entitled, whether under the will of the deceased, on his intestacy or under section 111 of the Succession Act, 1965 .

(3) Where the registered owner is a limited owner, registration on an application under the said section 60 may be made with the concurrence of the limited owner and the trustees of the settlement, whether trustees for the purposes of the Settled Land Acts or not. If they do not concur, or if there are no trustees, notice shall be given in cases other than those specified in paragraph (1) of this rule—

(a) to the limited owner, if living, and

(b) to the trustees, if any, or, if there are none, to such persons appearing from the settlement or any inhibition protecting claims thereunder to be entitled to estates or interests the subject of the settlement, as the Registrar may direct.

(4) The applicant for registration shall furnish to the Registrar the particulars necessary for the service of the notices prescribed by this rule.

80 Cancellation of burdens on transfer over-reaching the estate or interest of registered owner.

80. (1) On the registration of an owner under section 60 of the Act, otherwise than as provided by rule 72, the following registered burdens and notices shall be cancelled in the register—

(a) where the transfer is made by statute or in exercise of a statutory power, the burdens and notices from which the property would be discharged by the statute or the exercise of the statutory power, if the property were unregistered ;

(b) where the transfer is made in exercise of a power registered as a burden, the burdens and notices that rank in priority after the power ;

(c) where the transfer is made by a vesting order of a court or by a person appointed by a court to transfer, the burdens and notices that the court directs to be discharged on the registration of the transferee.

(2) The applicant for registration shall, when required, state in writing the burdens and notices in the register for the cancellation of which he applies.

81 Notice of cancellation of burdens on transfer over-reaching the estate or interest of registered owner.

81. On the cancellation of a burden under rule 80 (1) (a) or (b), the Registrar shall give notice of its discharge to its registered owner (if any).

82 Registration of trustees or assignees of bankrupt owner; and re-registration of the owner.

82. (1) The assignees in bankruptcy of a registered owner who has been adjudicated a bankrupt may be registered as owners in his place, or, where he is a registered limited owner, as assignees of his estate or interest, on production in the Registry of an office copy of the certificate of the vesting of the estate and effects in the assignees, endorsed as prescribed by this rule.

(2) The trustee of a bankrupt registered owner appointed under the Bankruptcy (Ireland) Amendment Act, 1872, may be registered as owner in place of the bankrupt or, where he is a registered limited owner, as assignee of his estate or interest, on production in the Registry of an office copy of the certificate under section 90 of the said Act of 1872, endorsed as prescribed by this rule.

(3) The trustees of an arranging debtor who is a registered owner and has had a resolution or agreement approved and confirmed by the court under sections 347 and 349 of the Irish Bankrupt and Insolvent Act, 1857, may be registered as owners in his place or, where he is a registered limited owner, as assignees of his estate or interest, on production in the Registry of an office copy of the order of the court approving and confirming the resolution or agreement, endorsed as prescribed by this rule.

(4) A person (other than the Official Assignee in Bankruptcy) appointed assignee or trustee in place of a registered assignee or trustee of a bankrupt or arranging debtor who has ceased from any cause to be assignee or trustee may be registered in place of such registered assignee or trustee, on production of the certificate of his appointment as creditors' assignee or trustee, or an office copy thereof.

(5) A bankrupt whose trustee, appointed under the Bankruptcy (Ireland) Amendment Act, 1872, or assignees are registered as owners of his registered property may be re-registered as owner or, where he is a limited owner, the entry of the assignees or trustee as assignees of his limited estate or interest may be cancelled, on production in the Registry of the revesting deed.

(6) An arranging debtor whose trustees are registered as owners of his registered property may be re-registered as owner or, where he is a limited owner, the entry of the trustees as assignees of his limited estate or interest may be cancelled, on production in the Registry of an office copy of the order of the court under section 65 of the said Act of 1872, endorsed as prescribed by this rule.

(7) Every order, certificate, resolution or agreement or office copy thereof, produced for the purposes of a registration referred to in this rule, shall have endorsed thereon a certificate by the Official Assignee in Bankruptcy or the trustee identifying the bankrupt or arranging debtor named in the order or certificate withthe registered owner named in a specified folio of the register whose property is sought to be transferred. Where the application is for the re-registration of the person who was the bankrupt or arranging debtor, it shall be accompanied by, in the case of a bankruptcy, the revesting deed or, in the case of an arrangement, an office copy of the order of the court under section 65 of the said Act of 1872 or, where applicable, the written consent of the trustee to the re-registration.

83 Registration of transferee of local authority under s. 6 of the Small Dwellings Acquisition Act, 1899, s. 11 (2) of the Housing (Loans and Grants) Act, 1962 , or s. 39 (5) or 107 (6) of the Housing Act, 1966 .

83. On the registration of a transferee as owner under a transfer by a local authority in exercise of its powers under section 6 of the Small Dwellings Acquisition Act, 1899, or under regulations made under section 11 (2) of the Housing (Loans and Grants) Act, 1962 , or under section 39 (5) or 107 (6) of the Housing Act, 1966 , no evidence shall be required of the breach of any of the statutory conditions specified in section 3 of the Small Dwellings Acquisition Act, 1899, or in such regulations or of the happening of any event giving rise to the power of the local authority to sell.

84 Registration of local authority under s. 5 of the Small Dwellings Acquisition Act, 1899, s. 11 (4) of the Housing (Loans and Grants) Act, 1962 , s. 24 of the Labourers Act 1936 , or s. 39 (5) or 107 (6) of the Housing Act, 1966 .

84. Registration of a local authority as owner of property that has vested in it under section 5 of the Small Dwellings Acquisition Act, 1899, or under section 11 (4) of the Housing (Loans and Grants) Act, 1962 , or under section 24 of the Labourers Act, 1936 , or under section 39 (5) or 107 (6) of the Housing Act, 1966 , in defeasance of the estate or interest of its registered owner, shall be made on an application by the solicitor to the local authority in Form 33. No evidence, other than the certificate therein contained, shall be required of the possession of the property by the local authority.

85 Registration of dispositions of recorded property.

85. (1) Every application for registration under a disposition or transmission of recorded property transferred to and entered in a register under the Act shall be made and, subject to the provisions of this rule, registration thereunder shall be effected in accordance with the provisions of the Act and the procedure thereunder prescribed by these Rules.

(2) Where the title of an applicant for registration is under an unrecorded disposition or transmission prior to the transfer of the recorded property to a register under the Act, a short statement of the applicant's title shall be lodged with his application, which shall be accompanied by the documents referred to therein and the evidence of the facts necessary to be proved to establish his title ; and the Registrar, on examinationof the title and after making such inquiries and searches and giving such notices as he shall deem necessary or expedient, may make such registration in the register as shall give effect to the title proved.

86 Registration of new trustee or friendly society.

86. (1) The name of a new trustee of a friendly society or of a branch thereof appointed pursuant to section 25 (2) of the Friendly Societies Act, 1896, shall be entered in the register on production in the Registry of a copy of the resolution passed pursuant to the said section, signed by the trustee so appointed and by the secretary of such society or branch.

(2) The copy of the resolution appointing such new trustee shall be filed in the Registry for reference.

Transmission on death before the 1st day of June, 1959, of a full owner of freehold property that did not vest in his personal representative

87 Application for registration by a devisee of freeholds.

87. (1) An application for registration as owner by a devisee or a successor in title of an unregistered devisee of a full owner of freehold property that did not vest in the personal representative of the owner shall be in Form 34.

(2) Where the will under which the applicant claims charges the property with the payments of debts or contains a general charge on it for legacies that are payable primarily out of the general personal estate, registration shall not be made except with the concurrence of the testator's personal representative or after notice to him ; provided that the Registrar may dispense with such concurrence or notice when he is satisfied that, by reason of lapse of time or otherwise, no claim by the personal representative subsists.

(3) Notice to the personal representative shall be in Form 35.

88 Application for registration by heir, widow or husband of intestate freeholder.

88. (1) An application for registration as owner by the person entitled as heir, widow or husband, on the death intestate of a full owner of freehold property that did not vest in the personal representative of the owner, shall be in Form 36.

(2) The application shall be accompanied by—

(a) the letters of administration granted on the death of the owner, or an office copy thereof, or, if a grant has not been obtained, evidence to satisfy the Registrar of the death and intestacy ;

(b) if the applicant claims as heir, a pedigree verified bya member of the family, accompanied by certificates or other sufficient evidence of the marriages, births and deaths stated in the pedigree ;

(c) if the applicant claims under the Intestates' Estates Act, 1890, or the Intestates' Estates Act, 1954 , evidence that the owner left no issue and that the net value of his real and personal estate did not exceed £500 or, if the death occurred after the 1st June, 1954, £4,000, as the case may be ;

(d) if the applicant claims as tenant by the curtesy, evidence that there was issue capable of inheriting and born alive.

Transmission on death occurring before the 1st day of June, 1959, of (a) a full owner of property that vested in his personal representative under Part IV of the Registration of Title Act, 1891 and (b) a full owner of a registered leasehold interest

89 Assent by personal representative to a devise; and application of devisee for registration.

89. (1) An assent by a personal representative to a devise of property shall be in Form 37 except where he is the sole personal representative and sole devisee of the property.

(2) An application by a devisee for registration as owner under the assent shall be in Form 38, 39 or 40.

(3) An application by a sole devisee for registration as owner of property that is vested in him as the sole personal representative of the testator or by two or more devisees who are his personal representatives shall be in Form 41 or 42.

(4) An application under this rule shall be accompanied by the probate or letters of administration with will annexed or an office copy thereof.

90 Transfer by personal representative to devisee or successor.

90. (1) A transfer of property to a devisee or his successor in title by the personal representative in whom it is vested may be in Form 43 or 44.

(2) On an application for registration as owner under such a transfer, there shall be lodged an affidavit by the personal representative in Form 45 relative to the burdens and other rights created by the will of the testator together with the probate or letters of administration with the will annexed or an office copy thereof.

91 Application for registration by a person other than the personal representative entitled on intestacy.

91. An application for registration as owner by a person entitled to property of an intestate full owner or by a successor in title of such person shall, where he is not the sole personal representative, be made by presenting a transfer of the property to him from the personal representative. The transfer may be in Form 46. There shall be lodged with the transfer an affidavit by the personal representative in Form 45 relative to the persons who became entitled to the property of the intestate, together with the letters of administration or an office copy thereof.

92 Application for registration by personal representative entitled on intestacy.

92. An application for registration as owner by a person who claims to be entitled to property of an intestate full owner that is vested in him as the personal representative of such owner shall be in Form 47.

93 Power of Registrar on a registration on transmission on death.

93. On an application for registration as owner by a devisee or other person entitled to the property of a deceased full owner who died prior to the 1st June, 1959, or by the successor of such a person who is not registered, and, on an application for registration of a burden created by a personal representative, the Registrar—

(a) shall be entitled to assume that the personal representative acted correctly and within his powers in making the transfer, assent or other disposition, in the absence of any evidence to the contrary in the disposition or any document lodged therewith for the purposes of the registration applied for ;

(b) may give notice of the application to any person appearing to have a burden or other right in, to or over the property under the will or intestacy whose claim is not stated by the personal representative to have been satisfied or discharged and is not being registered as a burden or being protected by an inhibition, and, on application for a stay of the registration by any person served with a notice, he shall have all the powers conferred by rule 134 (3) and (4) and may either stay registration or register with such inhibition as he may direct ;

(c) may, if he thinks fit, enter in the register such inhibition as he may deem appropriate for the protection of any right in, to or over the property notwithstanding that the applicant has not applied for the entry of an inhibition.

Transmission on death of a full owner of property where the death occurs on or after the 1st day of June, 1959, and application for registration is made on or after the 1st day of January, 1967

94 Assent by personal representative on death testate to registration of person entitled; application of person entitled for registration.

94. (1) An assent by a personal representative to the registration of a person entitled to be registered as owner on the death testate of a registered full owner shall be in Form 48 or 49 except where the personal representative claims to be entitled to the property.

(2) An application by a person entitled to be registered as owner on the death testate of a registered full owner shall be in Form 50, 51 or 52.

(3) An application for registration as owner by a personal representative claiming to be entitled to property on the death testate of a registered full owner shall be in Form 53 or 54.

(4) The application shall be accompanied by the probate or letters of administration with will annexed or an office copy thereof.

95 Transfer by personal representative on death testate to person entitled or his successor.

95. (1) A transfer of property to a person entitled on the death testate of a registered full owner or to his successor in title by the personal representative shall be in Form 55 or 56.

(2) The application for registration under such transfer shall be accompanied by the probate or letters of administration with will annexed or an office copy thereof.

96 Application for registration by a person, other than the personal representative, entitled on intestacy.

96. (1) An application for registration as owner by a person who claims to be entitled to property of an intestate full owner or by a successor in title of such person shall, where he is not the sole personal representative, be made—

(a) by presenting an application in Form 59 or 60 accompanied by an assent of the personal representative of such owner in Form 57 or 58 or

(b) by presenting a transfer of the property to him from the personal representative. The transfer shall be in Form 61 or 62.

(2) The application shall be accompanied by the letters of administration or an office copy thereof.

97 Application for registration by personal representative entitled on intestacy.

97. (1) An application for registration as owner by a personal representative who claims to be entitled to property of an intestate full owner shall be in Form 63.

(2) The application shall be accompanied by the letters of administration or an office copy thereof.

Transmission on death of owner of charge or other burden

98 Application for registration on death of registered owner of charge or other burden.

98. On the death of the registered owner of a charge or other burden, an application for registration as owner by a person claiming to be entitled on his death testate or intestate shall be made on the evidence prescribed for a like application for registration as owner of land, and the procedure and forms shall be followed and used with such modifications (if any) as the nature of the charge or other burden or the circumstances of the case may require.

Note of death of registered owner

99 Note of death of registered owner.

99. On the death testate or intestate of a registered owner of property who is not registered as a limited owner or as a joint tenant, his personal representatives may, on lodgment in the Registry of the original or an office copy of the probate or letters of administration, as the case may be, together with a certificate of the solicitor acting in the matter or, if the Registrar so requires, an affidavit identifying the deceased named in the probate or letters of administration with the registered owner of the property, have a note entered on the register setting out the fact of such death and the names of such personal representatives.

Other transmissions

100 Application for registration of successor of limited owner.

100. (1) On the determination of the estate or interest of a limited owner, an application for registration by a person claiming under the settlement shall be in Form 64 or 65, as the case may require. Where Form 65 is appropriate and the settlement is created by will, the original or an office copy of the will and probate or letters of administration with will annexed shall be lodged. Where Form 64 is appropriate, the assent or transfer already filed in the Registry under which the limited owner was registered shall suffice.

(2) Save in cases where Form 64 is appropriate, the applicant shall not be registered except with the concurrence of the trustees (if any) of the settlement (whether trustees for the purposes of the Settled Land Acts or not) or after notice to them.

(3) The application may also be made by the trustees of the settlement in Form 64 or 65, as the case may require, with the necessary modifications and with the assent of the owner to be registered to the registration of any burdens affecting his estate or interest.

(4) The trustees' admission of the discharge or cesser of any burdens created by the settlement shall be sufficient evidence of such discharge or cesser.

101 Application for registration by survivors or survivor of joint tenants.

101. (1) Where one of two or more persons registered as joint owners dies, his name shall be withdrawn from the register on proof of his death.

(2) The death may be proved by the production of probate or letters of administration or an office copy thereof or a certificate of death, with evidence of the identity of the deceased named therein with the owner stated to be dead, or such other proof as the Registrar may deem sufficient.

Court orders

102 Registration pursuant to court order.

102. An application for registration pursuant to an order of the court shall be made by lodging in the Registry an office copy of the order.

Burdens generally

103 The assent to registration of burdens that is to be given by persons other than the owner.

103. (1) Pursuant to section 69(2) of the Act, it is hereby prescribed that the concurrence of the undermentioned persons shall be accepted in lieu of the concurrence of the registered owner in the following cases—

(a) concurrence in the registration of a burden on transferred property created by or arising on the transfer shall be given by the transferee or the person claiming under the transferee who applies for registration as owner under the transfer ;

(b) concurrence in the registration of a burden created by the will of a deceased owner shall be given by the devisee of the property affected by the burden or the person claiming under the devisee who applies for registration as owner or, in the case of partial intestacy, by the person on whom the interest in the property devolves or the person claiming under him who applies for registration as owner ;

(c) concurrence in the registration of a charge by the personal representative of an owner of land for moneys that he is liable to pay shall be given by the person who applies for registration as owner under an assent or transfer from the personal representative ;

(d) concurrence in the registration of the following burdens shall be given by the Registrar—

(i) a burden created under a statute or statutory power or under a power registered as a burden or under a trust for securing money registered as a burden,

(ii) a burden created by trustees in exercise of a power under a settlement under which a limited owner is registered,

(iii) any burden specified in paragraph (h) or (i) of subsection (1) of section 69 of the Act.

(2) The concurrence of a registered owner or of a person (other than the Registrar) authorised by this rule to concur in the registration of a burden may be given by his personal representative in all cases.

(3) A registered owner or person (other than the Registrar) authorised by this rule to concur in the registration of a burden may give his concurrence personally or by his solicitor.

104 How assent to registration of burden is to be given.

104. (1) The concurrence of a person (other than the Registrar) authorised to concur in the registration of a burden shall be given by written assent and the assent shall be filed.

(2) The assent may be given in the instrument creating the burden. Otherwise, it shall be in Form 66.

(3) The entry in the register of a burden in the registration of which the Registrar is authorised to concur shall be the evidence of his concurrence in its registration.

105 How burden may be entered.

105. Where an instrument or a copy thereof authorised by these Rules is filed in the Registry and the instrument creates, or assents to the registration of, a burden, the entry of the burden in the register may be made by reference to the instrument or by setting out an extract therefrom or the effect thereof.

106 Owner of burden not entitled to custody of certificate of owner of the property.

106. The owner of a registered burden shall not as such be entitled to the custody or delivery of the land certificate or certificate of charge of the property on which his burden is registered.

107 Note in register where statutory priority for burden claimed.

107. (1) An applicant who applies for registration of a burden that he claims has priority over other burdens by virtue of a statute shall state in writing the statute under which priority is claimed.

(2) On registration of the burden, the Registrar, if satisfied that the burden has the priority claimed, shall make an entry in the register to the effect that, as between the burden and prior burdens, it ranks in the priority conferred by the statute specified.

108 Instrument creating two or more burdens and priority thereof.

108. Where an instrument lodged for registration creates two or more burdens on the property registered, the priority in which the burdens are to be entered in the register shall be as shown in the instrument ; otherwise, the burdens shall be deemed to be in equal priority and shall be entered in the register accordingly.

109 Note in register on registration of charge actually raised under a settlement.

109. On the registration of a charge actually raised within the meaning of section 20(2)(ii) of the Settled Land Act, 1882, by an instrument executed in exercise of a power in a settlement under which a limited owner is registered, an entry shall be made in the register to the effect that, as between the charge and any other burden arising under the settlement, the charge ranks in the priority it has under the settlement.

110 Note in register on registration of voluntary burden where a certificate has been issued.

110. (1) On the registration of a burden created by a voluntary disposition by a registered owner or of any burden specified in paragraph (h) or (i) of section 69(1) of the Act on property in respect of which a land certificate or certificate of charge has been issued, a note shall be entered in the register to the effect that the burden ranks in priority after any lien on the property existing and created by deposit of the certificate prior to the registration of the burden, unless it is shown to the satisfaction of the Registrar that no such lien exists.

(2) Where the Registrar entertains a doubt as to whether, from the terms of the instrument creating a burden, the disposition is voluntary or for valuable consideration, he may send notice to the person having custody of the certificate requiring him to state whether he claims that such lien ranks in priority to the burden created by such instrument and the grounds of such claim.

(3) Where the person having custody of the certificate claims that such lien ranks in priority to the burden, the Registrar shall send notice of the claim to the person entitled to the burden.

(4) In default of a claim by the person having custody of the certificate that such lien ranks in priority to the burden, or of an admission of the priority of such lien by the person entitled to the burden, as the case may be, the Registrar may refuse to register the burden except in pursuance of a court order.

111 Evidence on which a burden may be cancelled or modified.

111. (1) On the application of any person interested in a registered burden or in the property on which it is registered, the Registrar may cancel or modify the burden subject to compliance with the following conditions :

(a) Where the ownership of the burden is registered, the concurrence of its registered owner or his personal representative shall be required. No modification that would prejudice the rights of the owner of the property that the burden affects or of the owner of any other registered burden shall be made without the concurrence of that owner.

(b) Where the ownership of the burden is not registered or where the registered owner of the burden does not concur in the proposed cancellation or modification,the right of the applicant to the cancellation or modification applied for shall be proved to the satisfaction of the Registrar ; and the cancellation or modification shall be made only after such inquiries and notices as the Registrar may direct.

(c) Where the burden is a covenant or condition relating to the use or enjoyment of property, the concurrence of all persons appearing to the Registrar to be interested in the enforcement thereof shall be required.

(2) The application may be in Form 71A or 71B, as the case may be, adapted to suit the facts of the particular case.

112 Where burden may be cancelled as extinguished.

112. Where the registered owner of a burden becomes the registered full owner of the property on which it is a burden, the Registrar may, unless the contrary appears, treat the burden as extinguished and cancel its entry in the register, where, after giving notice to the registered owner of his intention to do so, no objection to the proposed cancellation is made.

Charges

113 Forms of charge, transfer of charge and release.

113. (1) A charge for the payment of money, and a transfer and release thereof, shall be made by instruments in such one of Forms 67 to 72 as may be applicable.

(2) A charge by way of annuity shall be made by instrument in Form 72 and its release may be made in Form 71A or 71B, as the case may be, adapted to suit the facts of the particular case.

114 Registration of charge created by a company.

114. Where, on the registration of a charge created by a company within the meaning of the Companies Act, 1963 , a certificate has not been produced to show that the charge has been registered in accordance with the requirements of section 99 of that Act, a notice to that effect shall be entered in the register.

115 Sub-charges.

115. (1) The registered owner of a charge may charge it in the same manner as the registered owner of land may charge his land. Such a charge shall be described in the register as a sub-charge.

(2) A sub-charge may be created, registered, transferred, disposed of and released in the same manner as a charge.

(3) On the registration of a sub-charge or of any dealing therewith, the Registrar may, where he deems it expedient or conducive to clarity, transfer the title to the charge affected by the sub-charge to the register maintained under section 8 (b) of the Act.

116 Meaning of "future advances" in register and the registration of a charge for same.

116. (1) Where a charge is registered to secure future advances, the expression "future advances" in the register shall have the same meaning as that expression has in section 75 of the Act.

(2) Where a charge for securing future advances to an unlimited amount is registered, an entry shall be made in the register, and in any certificate of charge issued in respect of the charge, of the amount that the ad valorem duty impressed on the instrument of charge extends to cover, and neither the register nor the certificate of charge shall be admissible as evidence that the charge secures any advances in excess of that amount, except as provided in section 88 of the Stamp Act, 1891.

117 Dealing with mortgage created prior to first registration where registered.

117. (1) Where a mortgage created prior to the first registration of property is entered in the register, the Registrar may, on the application or with the concurrence of the person entitled thereto, register him as owner of a charge, on due proof of his title and after notice to the owner of the mortgaged property.

(2) The same forms may be used and the same procedure may be adopted on transfers and other dispositions of a charge of which an owner is so registered as are applicable to registered charges.

(3) A certificate of charge may be issued in respect of such a charge the ownership of which is registered.

Judgment mortgages

118 Registration of affidavit of judgment mortgage.

118. (1) Registration of an affidavit for the purpose of registering a judgment as a mortgage on registered property shall be effected by the deposit in the Registry of the copy affidavit required by section 6 of the Judgment Mortgage (Ireland) Act, 1850, as amended by section 71 of the Act, and the entry of notice of the deposit in the register of the property that the judgment creditor seeks to charge.

(2) The notice in the register of the deposit shall be in Form 74, with such variation as the Registrar may, in special circumstances, direct.

119 Evidence on entry of notice of deposit of affidavit of judgment.

119. (1) The registered property of the judgment debtor that the judgment creditor seeks to charge shall be identified by a statement in the affidavit to the effect that the property described in it that the judgment debtor is seized or possessed of or has disposing power over is the property, or a defined part of the property, in a specified folio of the register, or by a certificate of the judgment creditor or his solicitor to the like effect endorsed on the copy affidavit deposited.

(2) No entry of notice of the deposit of an affidavit as a burden shall be made unless the affidavit—

(a) purports to be made by the creditor specified in section 6 of the said Act of 1850 or by a person authorised to make it by section 3 of the Judgment Mortgage (Ireland) Act, 1858, and

(b) specifies

(i) the folio of the register and the county in which the land is situate

or

(ii) the county and barony, or the town and county of a city, and parish, or the town and parish, in which the property to which it relates is situate.

120 Notice of deposit of affidavit.

120. (1) Notice of the deposit of an affidavit of judgment in the Registry and of the entry made in the register on its deposit shall be sent from the Registry to the registered owner of the property and to the other persons (if any) whose estate or interest therein the affidavit purports to charge and whose address in the State for service of notices is disclosed in the register or the affidavit.

(2) The notice shall be in Form 75.

121 Application to cancel notice of deposit of affidavit on grounds of invalidity of judgment mortgage.

121. (1) Where an entry of notice of the deposit of an affidavit of judgment is made in the register of any property, a registered owner, or any other person interested, who claims that the deposit and the notice thereof in the register do not create a valid burden may apply to the Registrar for the cancellation of the notice.

(2) The application shall be in writing and shall state the grounds on which the applicant claims that the entry should be cancelled, as, for instance, that a specified provision of the Judgment Mortgage (Ireland) Acts, 1850 and 1858, has not been complied with or that the judgment debtor had no estate or interest in the property or no estate or interest capable of being affected by registration of the affidavit, and shall state the facts on which he relies in support of his claim.

(3) Where the Registrar is satisfied on the facts stated that a prima facie case for cancellation of the entry has been made, notice of the application and of the cancellation proposed to be made shall be given to the judgment creditor and, in default of objection thereto by him within the time specified by the notice, the entry shall be cancelled.

(4) Every objection to a proposed cancellation shall be in writing and shall be signed by the judgment creditor or his solicitor. It shall state the grounds of the objection and the facts relied on in support thereof.

(5) Where, in the opinion of the Registrar, the application and objection do not raise a question of law or fact relative to the validity of the registration made which should be referred to the court, he may cancel or refuse to cancel the entry of notice of the deposit ; but, if a question of law or fact is disclosed on which, in his opinion, the validity of the affidavit as a judgment mortgage depends, he may refer the question to the court for decision.

(6) The costs of proceedings in the Registry under this rule shall be those prescribed in Part VI of the Schedule of Costs to these Rules. Where the entry is cancelled, the prescribed costs of the applicant shall be paid by the judgment creditor. Where it is not cancelled, the prescribed costs of the judgment creditor shall be paid by the applicant. The Registrar shall, on application, make an order for the payment of the costs.

122 Cancellation of notice of deposit of affidavit of judgment validly registered.

122. Subject to an inhibition in the register to the contrary, an entry of notice of the deposit of an affidavit of judgment may be cancelled on production in the Registry of the certificate specified in section 9 of the Judgment Mortgage (Ireland) Act, 1850, of the satisfaction of the judgment, decree or order in respect of which the affidavit was deposited, or of a requisition by the judgment creditor or his personal representative, in Form 76, for its discharge.

Other burdens

123 Lease.

123. (1) An application for registration of a lease as a burden shall be made by lodging in the Registry the lessee's part of the lease with a duplicate or attested copy. The entry in the register shall give the date of and the parties to the lease, the term and rent, and particulars of the property demised sufficient to identify it on the registry map.

(2) Pursuant to section 70 of the Act, it is hereby prescribed that, on the registration of the lease as a burden, the ownership of the lease shall be entered in the appropriate register maintained under section 8 of the Act.

124 Rentcharge.

124. (1) A rentcharge may be created by an instrument in Form 73.

(2) An application for registration of a rentcharge as a burden shall be made by lodging in the Registry the grant or the chargeant's part thereof, with a duplicate or attested copy. The entryin the register shall give the date of and parties to the grant, the rent, and particulars of the property affected sufficient to identify it on the registry map.

125 Power to charge and trust to raise money.

125. (1) A trust for securing money and a power to charge or other power vested in any person virtute officii shall be registered as a burden by reference to the instrument creating the trust or power, and no charge under the trust or power shall be registered until it is shown to the satisfaction of the Registrar that the person raising the money under the trust or power is the person authorised to do so by the instrument.

(2) A person raising money under such a trust or power shall do so by creating a registered charge in the manner prescribed by section 76 of the Act and not otherwise.

126 Lien for unpaid purchase money.

126. (1) An application for registration of a lien for unpaid purchase money shall be made in writing signed by the vendor or his solicitor. It shall give the address of the vendor in the State for service of notices and shall be accompanied by the prescribed assent to its registration as a burden.

(2) A lien may be discharged in the register on the consent of the vendor or his personal representative or the solicitor for either of them.

127 Order or other process of court.

127. An application for the registration of an order or other process of a court as a burden shall be made in writing signed by the applicant or his solicitor. It shall identify the property affected by the order or process by a reference to the folio of the register in which its ownership appears and, if necessary, to a map, and shall state whether all the property is affected and, if not, what part is affected. Evidence of the order or other process shall be lodged with the application.

128 Lis pendens.

128. (1) An application for the registration of a lis pendens as a burden shall be made in Form 77. It shall be signed by the applicant or his solicitor and shall have subscribed thereto a certificate of the existence of the cause or proceeding signed by the proper officer of the court in which it is pending.

(2) The entry of a lis pendens in the register shall be in Form 78, with such variation thereof as the Registrar may, in special circumstances, direct.

(3) An application for the discharge of a lis pendens shall be made by lodging in the Registry a certificate signed by the proper officer of the court in which the lis pendens may be that it has been duly vacated pursuant to order of the court, or by lodging an order of the court directing its cancellation on the register, or bylodging a transfer of the property made in pursuance of an order for sale by the court in which the lis pendens may be.

129 Recognisances, bonds and judgments.

129. (1) An application for registration of a recognisance or other matter referred to in section 117(2)(a) of the Act as a burden shall be made by lodging in the Registry the memorandum prescribed by section 11 of the Judgments (Ireland) Act, 1844, together with evidence that the person whose estate or interest is sought to be affected is either the registered owner or, in the case of settled land, another person having an estate or interest in the property under the settlement against whom registration is applied for. The memorandum shall be signed by the applicant or his solicitor and shall have subscribed thereto a certificate of the existence of the recognisance or other matter by the proper officer of the court in which it was obtained or by some other duly authorized person.

(2) The entry in the register of a recognisance shall be in Form 79. The entry in the register of the other matters referred to in the said section 117(2)(a) of the Act shall be in a like form, with such variation as the case may require and the Registrar allows.

(3) An application for the discharge of a recognisance or a State bond shall be made by lodging in the Registry a certificate of vacate.

(4) An application for the discharge of a judgment shall be made by lodging in the Registry a certificate of the satisfaction of the judgment.

130 Easement or profit à prendre.

130. (1) Every application for the registration of an easement or profit à prendre as a burden shall be accompanied by a plan showing the part of the property described in the register over which the right is to be exercised, unless it can be otherwise clearly identified in the registry map from the description in the instrument creating the right. Where the application is for registration of a right of way, it may be made in Form 80, with such modifications therein as the case may require.

(2) The application shall also be accompanied by a plan showing the property to which the right granted (except it is a profit à prendre in gross) is appurtenant, unless it can be identified on the registry map by reference to the folio of the register in which its ownership is registered.

(3) The plan, if not endorsed on and referred to in the instrument creating the right, shall be signed by the registered owner of the property on which the right is to be registered as a burden and by the grantee of the right or his solicitor.

Cautions and inhibitions against registration of dispositions

131 Form of caution, affidavit or certificate in support and notice.

131. (1) A caution against dealings by a registered owner shall be in Form 81. The caution shall be signed by the cautioner or his solicitor and shall contain an address in the State for service of notices on the cautioner.

(2) A caution may be limited to specified dealings by the registered owner.

(3) The affidavit in support of the caution shall be in Form 82 and shall state the facts that show the unregistered right in, to or over the registered property in respect of which the caution is lodged. The certificate under section 97(6) of the Act may be in Form 82 (suitably adapted) signed by the solicitor to the statutory authority.

(4) Notice of the entry of a caution shall be sent by the Registrar to the registered owner of the property to which it relates. The notice shall be in Form 83.

132 Warning notice to cautioner.

132. (1) Whenever

(a) an application in writing for the discharge of a caution is made by the registered owner of the property affected or

(b) a dealing of which the cautioner requires notice is presented for registration without the consent of the cautioner,

notice shall be sent to the cautioner warning him that his caution will lapse after the time stated in the notice.

(2) The time to be specified in a warning notice shall be 7 days or such other period as the Registrar may, in the special circumstances of a case, direct.

(3) The notice shall be in Form 84 or 85.

133 Application by registered owner for discharge of caution.

133. An application by a registered owner for the discharge of a caution shall state the grounds of his application, as, for instance, that the right for the protection of which the caution was entered does not exist or has ceased to exist, and shall state the facts alleged in support thereof.

134 Procedure on appearance by cautioner to a warning notice.

134. (1)A cautioner or his personal representative may appear before the Registrar, or deliver a statement in writing at the Registry, at any time within the time stated in the warning notice, for the purpose of obtaining a stay on registration of the dealingreferred to in the notice or, where the warning is sent on the application of the registered owner, for the purpose of obtaining the continuation of the caution.

(2) The applicant shall state the grounds on which registration of the dealing should be stayed or the caution should be continued, as, for instance, that the dealing, if registered, would defeat or postpone the prior unregistered right of the cautioner which he was proceeding to enforce, or, where the warning notice is sent on an application by the registered owner, that proceedings are pending, or are about to be taken, to enforce the right protected by the caution.

(3) Where he deems it necessary or expedient, the Registrar may appoint a day and time for the parties to attend before him for the determination of the terms and conditions on which registration of a dealing shall be stayed or the caution continued or cancelled.

(4) The Registrar may make such ruling on the application as he may think just, as, for instance, that registration under the dealing be stayed for a specified period or that registration under the dealing be made and the caution continued or, where the warning notice was sent on an application by the registered owner, that the caution be continued either indefinitely or for a specified period or that its entry be cancelled.

135 Withdrawal o caution or consent of cautioner to dealing.

135. (1) A caution may be withdrawn at any time either as against the whole or any part of the property to which it relates. The application for its withdrawal may be in Form 86 and shall be signed by the cautioner or his solicitor or the personal representative of the cautioner or his solicitor; and, where the withdrawal is against part only of the property affected by the caution, it shall identify the part to which the withdrawal relates, by reference, where necessary, to a plan.

(2) A cautioner or his personal representative may by writing signed by himself or his solicitor consent to registration under a specified dealing. The consent may be absolute or conditional on the caution being continued or on a specified inhibition being entered in the register.

136 Lapse of caution.

136. Where the warning notice required by a caution has been given in respect of the whole of the property to which it relates and the time stated in the notice has expired, the caution shall be deemed to be exhausted and its entry in the register shall be cancelled, unless the Registrar otherwise directs.

137 Form of inhibition.

137. (1) An inhibition for the protection of an unregistered right or interest may be in the terms of one of the clauses in Form88, which may be modified or adapted as may be requisite for restricting the registration of dealings that would defeat, postpone or prejudice the right or interest claimed.

(2) The Registrar may refuse to enter in a register an inhibition that does not state clearly and explicitly the restriction to be imposed.

138 Entry of inhibition on consent.

138. (1) An inhibition for the protection of an unregistered right or interest affecting the property of a registered owner may be entered in the register of the property with his consent in writing, which shall be lodged in the Registry together with a statement of the facts showing the nature of the unregistered right or interest in the property that is enforceable against the registered owner.

(2) An inhibition for the protection of an unregistered right or interest affecting an estate or interest created by a settlement under which a limited owner is registered may be entered in the register with the consent of the owner of such estate or interest or of the trustees of the settlement. The consent shall be in writing and shall be lodged in the Registry together with a statement of the facts showing the nature of the unregistered right or interest in the property that is enforceable against the owner of such estate or interest.

139 Application for inhibition where there is no consent.

139. (1) An application to the Registrar for the entry of an inhibition, other than one the entry of which is authorised on the consent prescribed by rule 138, may be in Form 87.

(2) Where the inhibition applied for is a restriction on the registration of dispositions by a registered owner, the application shall state the facts showing that the applicant has an unregistered right or interest in the property that is enforceable against the registered owner.

(3) Where the inhibition applied for contains a restriction on the registration of dispositions by—

(a) the personal representative of a registered owner of property,

(b) the heir, devisee or other person entitled on the death of a full owner,

(c) the owner of an estate or interest in property the subject of a settlement under which a limited owner is registered

or

(d) any person claiming a right in or to a registered burden the ownership of which is not registered,

the application shall state the facts showing that the applicant has an unregistered right or interest in the property that is enforceable against such person.

(4) The application shall be accompanied by the instrument (if any) creating the unregistered right or interest, or such evidence thereof as the Registrar may deem sufficient, or, where the right or interest does not arise under an instrument, an affidavit or other evidence in proof of the facts that gave rise to it.

(5) An instrument creating an unregistered right or interest may, if the applicant so applies, be filed in the Registry for safe custody.

140 Procedure on application for inhibition.

140. (1) The Registrar may refuse to enter an inhibition applied for unless modified in such manner as he shall direct.

(2) Where the Registrar is satisfied on the facts disclosed in an application or in any document produced in support of it that the applicant is prima facie entitled to the right or interest claimed, he shall send notice of the application and of the proposed inhibition—

(a) to the registered owner of the property, if the right or interest is enforceable against him,

(b) to the person or persons appearing to be entitled to dispose of the estate or interest in the property against which the right exists, where the registered owner is known to be dead or is a minor or mentally incapacitated or where his whereabouts are unknown or the estate or interest affected by the right is in a settlement under which a limited owner is registered.

(3) The Registrar may also give notice to any person appearing from the register to be affected by the right or interest.

(4) The notice shall be in Form 89.

141 Procedure on objection to inhibition.

141. (1) Any person to whom notice of an application for an inhibition is sent may apply to the Registrar, within the time stated, objecting to the entry of the proposed inhibition or requesting that its terms be modified or that it be limited in duration. He shall state the grounds for the objection or request.

(2) The Registrar may, if he thinks fit, appoint a day and time for the parties to attend before him for the determination of any question relative to the terms or duration of the inhibition to be entered.

(3) The Registrar may make any modification of the proposed inhibition that he thinks expedient, having regard to any additional facts disclosed by the parties, and may enter the inhibition so modified in the register.

142 Modification or discharge of registered inhibition.

142. (1) An application to modify or discharge an inhibition entered in the register otherwise than by an order of a court shall be in Form 90 or 91.

(2) Where the application is not made with the consent of all persons appearing from the register and the instrument on which the entry was made to be entitled to the benefit of the inhibition or their solicitors, it shall be accompanied by evidence of the facts on which it is claimed that the entry should be modified or by evidence that the right protected by the entry has been released or satisfied or has otherwise ceased to exist.

(3) Notice of the application, if not made with their consent, shall be given to the persons appearing from the register or the instrument on which the inhibition was entered to be entitled to the benefit of the inhibition, who may object thereto within the time stated in the notice. Every objection shall be in writing and shall state the grounds thereof.

(4) The Registrar may make such ruling on the application as he may think just. In particular, he may direct the discharge of the inhibition or may continue it indefinitely or for a specified period or with such modifications as he may direct.

143 Application in anticipation of dealing inhibited without Registrar's order or approval.

143. (1) An application may be made to the Registrar, in anticipation of an intended dealing with property subject to an inhibition in the register against dispositions except under his order or with his approval, for a ruling that registration under the intended dealing may be made; and the Registrar may direct that registration under the dealing, if carried out, may be made either unconditionally or subject to such inhibition as he may direct.

(2) The ruling of the Registrar shall specify a time within which registration under the dealing authorised is to be made; and during that time it shall be attached to the folio of the register in which the inhibition is entered.

144 Procedure on lodgment of dealing inhibited without notice to specified persons.

144. (1) Where an inhibition is entered in the register restricting dealings except after notice to a specified person, the notice to be sent to such person, where a dealing within the terms of the inhibition is presented for registration, shall be in the same form as a warning notice prescribed for service on a cautioner, with such modification thereof as the Registrar may consider necessary.

(2) The person specified in the inhibition or his personal representative or other person entitled to the benefit of the inhibition may appear to the warning notice and apply for a stay on the registration and the procedure prescribed on a similar application by a cautioner shall be applicable. The Registrar shall have the same powers as on a like application by a cautioner.

145 Inhibition under order of court.

145. An entry of an inhibition under an order of a court shall state that it is made pursuant to that order.

Other entries

146 Entry of notice of burdens that affect without registration.

146. (1) Notice of the existence of any burden specified in section 72 of the Act shall be given by an entry in the register to the effect that the property specified is subject to the burden.

(2) If the burden does not affect all the property described in a folio of the register, the consent or order authorising the entry of notice of it shall be accompanied by a plan showing the part of the property subject to the burden, unless it can be otherwise sufficiently identified on the registry map.

(3) The note required by section 59 of the Act shall be an entry to the effect that the property is subject to the provisions of the enactment restricting the alienation, assignment, subdivision or sub-letting, as the case may be.

147 Entry of notice of exemption from burden under section 72 of the Act.

147. (1) Notice of the exemption of specified property from any former crown rent, quit rent, ecclesiastical tithe rentcharge, payment in lieu of tithe or tithe rentcharge, land improvement charge, drainage charge or land purchase annuity may be entered in the register on a certificate of its exemption therefrom given by the Department of State charged with the collection of the sums payable on such burden.

(2) Notice of the exemption of specified property from estate duty shall be entered in the register—

(a) on production of the certificate prescribed by section II of the Finance Act, 1894, or

(b) on proof to the satisfaction of the Registrar that the duty (if any) has ceased to be a burden on the property under the provisions of section 12 of the Customs and Inland Revenue Act, 1889.

The notice shall be to the effect that the property was exempt from the duty at the date of the entry.

(3) Notice of the exemption of specified property from succession duty shall be entered in the register on production of the certificate prescribed by section 51 of the Succession Duty Act, 1853. The notice shall be to the effect that the property was exempt from the duty at the date of the entry.

148 Entry of conclusiveness of a boundary of property.

148. Every entry in the register of the conclusiveness of a boundary shall be made by stating therein the physical boundary of the property along a specified line on the registry map and the part of it that is the ascertained line of the boundary, as, for instance, that the face or centre of the fence or wall or the centre or a specified side of a stream or drain along the line shown on the map is the boundary and is conclusive as between the adjoining owners, or as against all persons, as the case may be.

149 Entry of boundary ascertained by Land Judge's conveyance.

149. A boundary defined by one of the instruments specified in section 86 of the Act shall not be entered in the register as conclusive unless the facts that enable it to be defined in the register in accordance with the foregoing rule may be ascertained from the instrument and unless notice of the proposed entry has been given to the owners of the adjoining property and no objection thereto has been received within the time limited by the notice.

150 Entry of boundary by agreement.

150. (1) An application by owners of adjoining property for entry in the register of the boundary between their property, or part of it, shall be made by lodging in the Registry—

(a) a plan on a section of a revised Ordnance Survey map (25 inch or larger scale) showing the land adjoining the boundary to be defined and indicating the site of the boundary by a line in colour,

(b) a consent in writing by the owners referring to the plan and stating in the manner prescribed by rule 148 the physical boundary along the line indicated on the plan and the part of it that they agree is the boundary.

(2) Where an owner who is a consenting party is the owner of unregistered land, proof shall also be given that he is the owner within the meaning of section 89 of the Act who is authorised by that section to consent.

151 Settlement of boundary on transfer.

151. The boundary between registered property transferred by a registered owner and other registered property of which he is the registered owner may be entered in the register as conclusive on lodgment in the Registry of a consent by the transferor and transferee in the terms specified in the foregoing rule.

152 Entry of name of new trustee of a settlement.

152. (1) The name of a new trustee of a settlement under which a limited owner is registered shall be entered in the register on production in the Registry of an office copy of the order or deed appointing the trustee, with such evidence as may be necessary to show that the appointment is properly made, as, for instance, evidence that the appointor is the person authorised to make the appointment and that there is a vacancy in the trusteeship.

(2) Where the appointment is by deed, the deed or an attested copy thereof shall be filed for reference.

153 Removal of description of infancy.

153. The description of a registered owner of property as an infant shall be removed from the register on an application in writing accompanied by proof that he has attained full age.

154 Entry in register on conversion of a registered renewable lease.

154. On production in the Registry of a grant in perpetuity of unregistered property made under the provisions of any enactment to the registered owner of a leasehold interest therein in conversion of the lease into a fee-farm grant or grant in perpetuity, a note shall be made in the register to the effect that the registered owner claims the fee-simple under the grant; and short particulars of the grant shall be given. Notice of the registration of the ownership of the leasehold interest and of the provisions of section 48 of the Act shall be endorsed on the grant, which shall be re-delivered to the person who produced it.

PART IV MISCELLANEOUS

Land certificates

155 Form and contents of land certificate.

155. (1) A land certificate, on first issue, shall be in the form of the relevant folio of the register. It shall certify, in Form 92 (with such modifications as the case may require), the ownership registered and the burdens, notices of burdens, cautions and inhibitions appearing in the register on the date of issue.

(2) A land certificate, on first issue, may be a facsimile of the relevant folio of the register, with, in a case to which paragraph (3) of this rule applies, such omissions as the Registrar may deem necessary. On re-issue, such a certificate may be suitably amended by the addition of such entries as may be necessary to make it conformable with the register.

(3) Where owners of property are registered as tenants in common, separate land certificates may be issued to each owner certifying his ownership of his undivided share or shares in theproperty as appearing in the register. The ownership of the shares of more than one tenant in common shall not be certified in one land certificate.

(4) Where an office copy of the plan of the property on the registry map is annexed to a land certificate, it shall, for the purposes of section 105(4) of the Act, be deemed to be part of the certificate.

(5) Every land certificate shall be authenticated by the affixing of the Registrar's official seal.

Certificates of charge

156 Form of certificate of charge in certain cases.

156. (1) A certificate of the ownership of a registered charge shall be called a certificate of charge.

(2) On the registration of a joint-stock banking company, building society, industrial or provident society or trustees of a friendly society as owners of a charge, the Registrar may issue the instrument of charge with an endorsement thereon certifying the registration of the charge as a burden in the register of the property affected and the ownership of the charge; and the instrument so endorsed shall be for all purposes the certificate of charge.

(3) Where the instrument of charge is issued as a certificate, a duplicate thereof or an attested copy shall be lodged and filed for reference.

(4) On a transfer of the charge, the instrument issued under this rule shall be retained in the Registry and the endorsement thereon cancelled; but the transferee shall be entitled to a certificate of charge in the form prescribed by rule 157 on payment of the prescribed fee.

157 Form and contents of certificate of charge.

157. (1) Except as provided in rule 156, a certificate of charge shall be in Form 93, with such modifications as the Registrar in the special circumstances of any case may direct. It shall be authenticated by the Registrar's official seal being affixed thereto.

(2) The certificate shall certify the registration of the charge and its ownership and shall contain particulars of the property charged and the burdens, notices of burdens, cautions and inhibitions appearing in the register as affecting the charge on the date of issue.

(3) The certificate may have a duplicate or an office copy of the instrument of charge annexed to it; and the particulars of thecharge may be given in the certificate by reference to the duplicate or office copy.

(4) Where owners of a charge are registered as tenants in common of the charge, separate certificates of charge may be issued to each owner certifying his ownership of his undivided share or shares in the charge as appearing in the register. The ownership of the shares of more than one tenant in common shall not be certified in one certificate.

Certificates generally

158 Certificates already issued.

158. Nothing in these Rules shall invalidate any document issued as a land certificate, certificate of title or certificate of charge by the Registry prior to the coming into operation of these Rules and any such certificate may be re-issued with such entries therein as may be necessary to make the certificate conformable with the register.

159 Certificate not to certify ownership of burdens.

159. A land certificate or certificate of charge issued in respect of property shall not be deemed to certify the ownership of any burden appearing thereon nor shall anything in these Rules oblige the Registrar to enter ownership of or any dealing affecting any such burden on such certificate except an entry of its release or discharge or any entry affecting its priority.

160 Authentication of entry on certificate.

160. The last entry made in each part of every certificate shall, on its first issue, be authenticated by affixing thereto an authentication seal kept in the Registry for the purpose. Every entry made in a certificate after its first issue shall be authenticated by affixing the authentication seal thereto.

161 The date of issue of certificate.

161. (1) Every certificate shall have an entry thereon showing the date on which it was issued or last examined and made conformable with the register in accordance with these Rules. The date on which a certificate was originally issued, or was last examined and reissued, shall be called its "date of issue".

(2) On being lodged in the Registry for the purpose and on payment of the prescribed fee, a certificate shall at any time be made conformable with the register in accordance with these Rules and reissued.

162 Production of a certificate on registration.

162. (1) Production to the Registrar of every certificate shall be required for the registration of a dealing with the property whose ownership it certifies, when the dealing is—

(a) by the registered owner,

(b) with the consent of the registered owner,

(c) by the personal representative of the registered owner by way of transmission or otherwise,

(d) a transmission under a settlement under which a limited ownership is registered,

(e) a registration in respect of which any enactment requires such production.

(2) Production of the certificate on the registration of any other dealing with the property the ownership of which it certifies shall not be required.

163 Production of certificate of charge on sale by owner of charge.

163. On the registration of a transferee under a transfer of property by the registered owner of a charge thereon in exercise of his power of sale, his certificate of charge (if any) shall be produced.

164 Application for order for production of certificate.

164. (1) An application to the Registrar under section 105 (2) of the Act for an order for the production of a certificate shall be in Form 94 and shall be signed by the applicant or his solicitor.

(2) On receipt of the application, the Registrar shall send notice to the person against whom the order is sought, requiring him to state whether he has the custody of the certificate, and, if he has, whether he claims that the dealing for which production is required is one that cannot be registered without his consent and the grounds of his claim.

(3) Where the person having the custody of the certificate claims that the dealing cannot be registered without his consent, the Registrar shall, subject to an appeal to the court, determine the question and, for that purpose, may appoint a day and time for the parties to attend before him.

(4) In default of a reply to the notice within the time specified therein, where it appears to the Registrar, from the statements in the application and the documents lodged for the purpose of the registration for which the certificate is required, that the dealing is one that can be effected without the consent of the person having the custody of the certificate, the Registrar shall make the order sought.

(5) The costs of proceedings in the Registry under this rule shall be £5 and the Registrar shall, on application, make an order for payment of such costs by—

(a) the person having custody of the certificate, who, being bound to produce it, neglects or refuses to do so or

(b) the applicant for such order, where the Registrar refuses to make an order for production of the certificate.

165 Power to dispense with production of certificate in certain cases.

165. (1) Where it is proved to the satisfaction of the Registrar that a certificate is in the custody of a person not residing in the State who refuses or neglects to produce it or of a person whose address cannot be ascertained, he may dispense with the production of the certificate—

(a) on the registration of a dealing with the property that can be effected without the consent of the person having its custody,

(b) on the registration of any dealing with the property, where it is proved to his satisfaction that the certificate is not deposited with the person having its custody for the purpose of creating a lien on the property.

(2) Before dispensing with the production of a certificate under this rule, the Registrar may give such notice of the proposed registration, and take such indemnity (if any), as he shall consider necessary or expedient.

166 On registration of dealing, certificate to be made conformable with register or substitute certificate issued.

166. (1) On the registration of a dealing with property where the certificate issued in respect of such property is produced, the certificate shall, before reissue, be made conformable with the register in accordance with these Rules.

(2) The Registrar may issue a new certificate in substitution for a certificate produced to him. On the issue of the new certificate, the old certificate shall be cancelled.

167 Power to issue new certificate in certain cases.

167. Subject to such notices and inquiries (if any) as he may deem expedient, the Registrar may issue a new certificate to a registered owner of property whose registration without production of the certificate issued in respect thereof is authorised by these Rules.

168 Deposit in Registry of certificate for specified registrations.

168. (1) A certificate may be deposited in the Registry by the holder thereof for the purposes of the registration of such transactions as are specified in a notice by him to the Registrar accompanying the certificate.

(2) The notice shall be in Form 95 and shall specify a time within which the transaction or transactions are to be registered.

(3) The Registrar shall give a receipt in Form 96 for a certificate so deposited ; and where the instruments are not presented for registration at the Registry within the time specified in the notice, the certificate shall be re-delivered to the person who deposited it.

(4) No registration of dealings with the property, other than those specified in the notice, shall be made while the certificate is in the Registry without the consent of the person who deposited it, except a registration that under the Act or these Rules may be made without his consent.

(5) On completion of the registration authorised by the notice, the certificate shall be re-delivered to the person who deposited it.

169 Certificate containing unofficial entries to be cancelled.

169. Where an entry not made in the Registry and authenticated in accordance with these Rules or any erasure or other defacement appears on a certificate produced to the Registrar, the certificate shall be retained in the Registry and cancelled, and a new certificate shall not be issued except on payment of the prescribed fee and after such notices and inquiries (if any) as the Registrar may direct ; and he may postpone the issue thereof for a period to be specified.

170 Power to issue new certificate where certificate lost and to dispense with certificate of charge.

170. (1) Where it is proved to the satisfaction of the Registrar that any certificate has been lost or destroyed, he may issue a new certificate after giving such notice in local or other papers, making such inquiries and taking such indemnity as he shall deem necessary.

(2) Where it is proved to the satisfaction of the Registrar that a certificate of charge is lost or destroyed, the Registrar may, on an application for cancellation of the charge, dispense with the production of the certificate on the cancellation, on giving such notice and after making such inquiries and taking such indemnity as he shall deem necessary.

171 Record to be kept of outstanding certificates.

171. (1) A record shall be kept in the Registry of every outstanding certificate to property for which a new certificate is issued under rule 167 or 170 of these Rules.

(2) The record shall be open to public inspection on payment of the prescribed fee.

172 Note of issue of certificate to be made in register.

172. Wherever a land certificate or certificate of charge is issued to a registered owner or any other person, a note that such certificate has been so issued shall be entered in the register of the property to which such certificate relates.

173 Authorised statements on certificates.

173. A certificate may have endorsed thereon a short statement of its purport and effect and of the procedure on registration.

Registry maps

174 Registry maps.

174. (1) Registry maps shall be maintained for the plans of property described in the registers.

(2) The maps maintained for property in all areas shall, as far as possible, be on the 25 inch or such larger scale adopted for a specified area as the Registrar may direct. Where this is not feasible, 6 inch scale maps may be maintained for such areas as the Registrar allows.

(3) Where a map on a scale larger than the 6 inch or 25 inch scale is adopted for a specified area, all plans of property in that area shall be shown on the scale adopted for the area.

(4) Where a map on a scale larger than the 6 inch or 25 inch scale is adopted for an area, that area shall be shown on the 6 inch or 25 inch map with a reference thereon to the map on the larger scale on which the plans of the property in the area are shown.

175 Contents of registry maps.

175. (1) There shall be shown on the appropriate registry maps—

(a) a plan or plans of the land described in each folio of the register of ownership of freehold land,

(b) a plan or plans of the land subject to the ownership of leasehold interests described in each folio of the register of leasehold interests,

(c) a plan or plans of the land the subject of every incorporeal hereditament of freehold tenure or lease thereof described in each folio of the register maintained under section 8(b) of the Act,

(d) such plan or plans as may from time to time be necessary or expedient for the identification of property subject to a burden, notice, caution or inhibition entered in a folio of a register.

(2) Every plan shall be defined on the registry map by an edging in colour or otherwise as the Registrar may deem convenient in a particular case and shall have a number or symbol thereon; and the property described in each folio shall be identified therein by a reference to its plan or plans on the registry map.

176 Revision of descriptions in registers on revision of Ordnance Survey maps.

176. Where, owing to a revision of the Ordnance Survey maps, a change is made in the description of a denomination of land in such maps, the Registrar shall revise the description in the registers of any property affected by the change so as to make the description in the registers conform with the description on the revised Ordnance Survey maps.

Infants.

177 Persons who may represent infants.

177. (1) An infant may be represented for all or any of the purposes of the Act by his guardian (if any) appointed by a court of competent jurisdiction or, if there is no guardian so appointed,by his parents or by a person who is his guardian under the provisions of the Guardianship of Infants Act, 1964 , or by trustees under the provisions of section 57 of the Succession Act, 1965 .

(2) Where it appears to the Registrar in the course of any proceeding under the Act that the person representing an infant has an interest adverse to, or conflicting with, the interest of the infant or that it is in the interest of the infant that some other person should be appointed to represent him, he may refuse to proceed until another person is appointed to represent the infant in the proceedings.

178 Appointment of person to represent infant.

178. (1) Where there is no person authorised by the foregoing rule to represent an infant or where someone other than such person ought to be appointed, the Registrar may appoint a person to represent the infant for all or any of the purposes of the Act.

(2) The application to the Registrar for that purpose shall be made in writing and shall be accompanied by the consent to act of the person whom it is proposed to appoint and an affidavit of his fitness.

Persons of unsound mind

179 Appointment of person to represent person of unsound mind.

179. Where in the course of any proceeding in the Registry, except an application by the Land Commission under section 26(1) of the Act for the registration of a purchaser under the Land Purchase Acts, it appears that any person interested is a person of unsound mind not so found by inquisition (not being a person in respect of whom a committee or guardian has been appointed under the Lunacy Regulation (Ireland) Act, 1871, or a person of weak mind temporarily incapable of managing his affairs for whom a guardian has been appointed under the said Act of 1871), no registration in the proceeding that might prejudice his right shall be made until he is represented therein by a guardian appointed by the court to represent him, or his interest has been otherwise protected to the satisfaction of the Registrar.

Deeds and documents

180 Lodgment of documents subject to lien.

180. (1) Where a person who claims a lien by way of equitable mortgage on a document in his possession is required by an applicant for first registration of ownership or for conversion of a possessory title to produce the document at the Registry, or is required by the Registrar to show cause why the document should not be produced, he may lodge it in the Registry subject to the lien.

(2) A person lodging a document under this rule subject to a lien created by its deposit shall lodge therewith a claim for the lien in Form 97 signed by himself or his solicitor.

(3) The lien of a person lodging a document under this rule shall include the costs of its lodgment.

(4) No registration that may defeat or prejudice the lien shall be made until the lien, where admitted, is satisfied or provided for, or, where the lien is not admitted, until its existence or validity is determined and, where established, is satisfied or provided for.

181 Documents that are to be retained in Registry and that may be delivered.

181. (1) Any of the following documents relating to registered property may be returned to the person who would be entitled to the custody thereof if the property were unregistered, upon delivery at the Registry of an attested copy thereof or on payment of the fee chargeable for a certified copy thereof—

(a) an instrument dealing with registered and unregistered property,

(b) a subsisting settlement, an instrument containing subsisting trusts, an instrument appointing trustees of a subsisting settlement or of an instrument containing subsisting trusts,

(c) a subsisting lease, a fee-farm grant or counterpart lease or fee-farm grant.

(2) The attested or certified copy shall be filed for reference in substitution for the instrument so delivered and, on future dealings, may be accepted as sufficient evidence of the document and its contents.

(3) Except as in these Rules otherwise provided, all other instruments under which an entry in a register is made shall be retained in the Registry. They shall be filed in the central office of the Registry and shall not be taken from the said office except on the written authorisation of the Registrar and on such terms as he shall specify therein or on an order of the court.

(4) The Registrar may also direct the destruction of any documents filed in the Registry when they have been superseded by entries in the register or have ceased to be of any effect or he may, if such documents appear to him to be of historical interest, transmit them to the Public Record Office for filing.

182 Delivery of documents relating to unregistered property.

182. Documents in the Registry relating to unregistered property only may, in default of application by and after notice to the person who lodged them or his personal representatives, be delivered to the person appearing to the Registrar to be entitled to the custody thereof on his application therefor.

183 Endorsement of documents delivered.

183. No original deed under which property or a disposition of property has been registered shall be delivered from the Registry until an endorsement has been made on it showing clearly, in such manner as the Registrar may direct, the property therein subject to the provisions of the Act and the interest in the property affected by the registration.

184 Delivery of documents to solicitor for production in court or for taxation purposes.

184. The Registrar may deliver to the solicitor for the registered owner of property an instrument dealing with the property, except an instrument of charge or dispositions of it, on the solicitor certifying in writing that its production is required in a court on the hearing of some cause or matter or before a Taxing Master of the High Court or a county registrar for the purposes of a taxation and on his personally undertaking in writing to return it to the Registry within a time to be fixed by the Registrar.

185 Transmission of documents to court.

185. The Registrar may transmit a document filed in the Registry to a local registrar for production in court on the hearing of a cause or matter relating to the property the subject of the document—

(a) where the registered owner of the property the subject of the document or his personal representative or successor in title is a party in the cause or matter, or

(b) where the applicant for transmission is entitled to its inspection under these Rules and is a party to the cause or matter, or

(c) where the registered owner of the property the subject of the document consents to its transmission, or

(d) where the proceedings in the court are proceedings under the Act relating to the property the subject of the document.

186 Application for transmission of document to a local registrar.

186. (1) An application for transmission of a document to a local registrar shall be in Form 98 and shall be lodged in duplicate. Where the application is made by a person other than the registered owner of the property the subject of the document, notice of it and of the transmission of the document shall be given to the owner.

(2) The document shall be returned to the Registry on the termination of the court sittings in which the cause or matter for which it was requisitioned is entered for hearing. Where the hearing is adjourned, a further application for its transmission to the local registrar for the adjourned hearing shall be made.

187 Local registrar custodian of document transmitted.

187. (1) The local registrar shall hold any document transmitted to him under the foregoing rule solely for its production on the hearing of the cause or matter for which it is requisitioned and, except the court otherwise directs, shall not permit its inspection by any person other than those authorised by rule 188, until it is admitted in evidence by the court.

(2) Where the document has been transmitted on the application of any person other than the registered owner of the property the subject of the document, its production shall be subject to the ruling of the court on any objection by the registered owner to its inspection or admission in evidence.

Inspection of documents

188 Inspection of filed documents and obtaining copies thereof.

188. (1) The registered owner of property, the personal representative of such owner and any person authorised by the registered owner or his personal representative 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 with the property of the owner.

(2) Where the Registrar is not satisfied that a person claiming inspection is entitled thereto under the preceding paragraph, he may refuse to permit such inspection except in pursuance of an order of the court.

(3) Any person entitled to inspect a document filed in the Registry may obtain a copy of it.

(4) The Registrar may, in special circumstances and on such terms as he shall think fit, permit a person to inspect a document filed in the Registry.

189 Inquiries prior to inspection.

189. Before allowing inspection of a document by a person claiming inspection under rule 188, the Registrar may make such inquiries and give such notices as he may think fit.

Searches in the registers and registry maps

190 Official search.

190. (1) Any person may apply to the Registrar to make an official search and to certify—

(a) whether a named person is entered on the names index of a county, and if so, the folio reference of the register in which the name of such person appears ;

(b) whether the ownership of a parcel of land, to be identifiedby a plan drawn on a section of an Ordnance Survey map, is entered in the register of ownership of freehold land or whether the ownership of any leasehold interest or right in or to or over the parcel is entered in the register of ownership of leasehold interests or in the register maintained under section 8 (b) of the Act ; or

(c) as to the entries made in a register or registry map since first registration of the property comprised therein or during any specified period subsequent thereto.

(2) The requisition for the search shall be in Form 99, 100 or 101, as the case may require.

(3) The certificate of the result of the search shall be in Form 102 or 103, as the case may require.

191 Priority search.

191. (1) A person who has entered into a contract to purchase, take a lease of, or lend money on the security of a charge on, registered property may apply to the Registrar to make an official search in respect of the property, to issue a certificate of the result of the search and to make an entry in the register pursuant to section 108 of the Act.

(2) An application for a search under this rule shall be in duplicate in Form 104 or 105, as the case may require.

(3) A certificate of the result of a search under this rule shall be in Form 104A or 105A, as the case may require.

(4) A search under this rule may be referred to as a priority search.

192 Effect of priority search.

192. (1) Where an intending purchaser, lessee or chargee has obtained a certificate of the result of a priority search, an application by him for registration of the instrument to complete the purchase, lease or charge shall enjoy the priority specified in subsection (2) of section 108 of the Act, provided that the application is in order under these Rules, is delivered at the central office within a period of fourteen days after the date of issue of the certificate and is accompanied by the certificate (which shall be retained in the Registry).

(2) An application for registration made by any other person after the date of the certificate and before the application for registration is made by the intending purchaser, lessee or chargee in accordance with paragraph (1) of this rule shall, for the purposes of priority of registration, rank after the application of the intending purchaser, lessee or chargee.

193 Entry under section 108 of the Act.

193. The entry in the register pursuant to section 108 of the Act shall consist of an inhibition in Form 106.

194 Priority where two or more certificates are issued.

194. Where two or more certificates of the result of a priority search are issued and in operation pursuant to these Rules, such certificates shall, so far as relates to the priority thereby conferred, take effect in the order in which the applications therefor were received in the Registry or were, pursuant to rule 61, deemed to be delivered.

195 Solicitor or other person not liable for error in official search.

195. A solicitor or other person who obtains a certificate of the result of an official search shall not be answerable for loss that may arise from any error therein.

196 Application by telegram or telephone for search.

196. (1) A solicitor may apply by telegram or telephone, and any other person may apply by telegram, to the Registrar at the central office or to the appropriate local registrar to ascertain whether an entry has been made in a specified folio of a register affecting—

(a) the ownership of the property entered therein since the date of the issue of the land certificate, or other date to be specified, or

(b) the ownership of a specified charge since the date of the issue of the certificate of charge, or other date to be specified.

(2) The applicant shall give the following particulars—

(a) the county in which the property is situate, the folio number of the register in which it is entered and the name of the registered owner ;

(b) where the application relates to an entry affecting a charge, a description of the charge sufficient to identify it in the register of the property charged ;

(c) the date from which the required search is to be made ;

(d) the name and address of the person to whom the answer is to be sent.

(3) Where the application is by telephone, it shall be confirmed by letter sent on the same day to the Registrar or to the appropriate local registrar, as the case may be. The prescribed fee, together with a sum to cover the cost of the telephone reply, shall be sent with the letter.

(4) Where the application is by telegram, the prescribed fee shall be sent by money order with the telegram and the reply shall be prepaid.

197 Replies to application for search by telegram or telephone.

197. (1) A search applied for by telephone or telegram shall be made forthwith and the result—" Yes " or " No "—shall be sent by telephone or telegram, as the case may be, to the applicant, repeating the county and folio number of the register, the date from which the search begins and, in the case of a charge, its description.

(2) The result, if sent by telephone, shall be confirmed in writing sent on the same day from the central office or local office of the Registry, as the case may be.

(3) The Registrar or the appropriate local registrar may refuse to make a search applied for by telephone, where the applicant has not remitted the sums payable on a previous application by him by telephone.

198 Searches by public.

198. Any person, on payment of the prescribed fee, may search in the registry maps, the index of names, the index of property and the folios of the registers, in the hours during which the Registry is open to the public.

Proceedings in the registry

199 Proceedings not to abate.

199. Where, in the case of any application for registration, a death, transmission or change of interest occurs before registration is effected, the proceedings shall not abate, but may be continued by any person entitled to apply for registration.

200 Evidence in proceedings.

200. Evidence in any proceeding in the Registry may be given by affidavit or, except where the Act prescribes an affidavit, by statutory declaration, and the Registrar may, if he thinks fit, take evidence viva voce before him on oath and may administer the oath.

201 Affidavits and statutory declarations in proceedings.

201. (1) An affidavit or statutory declaration for the purpose of any proceeding in the Registry may be sworn or taken before the Registrar, any officer of the Registry duly authorised by the Minister for Justice, any person authorised by law to administer oaths or, in the case of a statutory declaration, any person authorised by law to take and receive statutory declarations.

(2) An affidavit for use in proceedings in the Registry shall be entitled as in Form 1 or 11, as the case may require, and shall comply generally with the provisions relative to form, jurat, interlineations, alterations and erasures in the Rules of the Superior Courts concerning affidavits for use in the High Court.

202 Form of notices issued.

202. (1) Every notice issued from or sent by the Registry (except notices of the receipt of instruments or applications or of completion of registration or formal notices of a like description) shall fix a time within which any act or step required to be done or taken by the notice is to be done or taken and shall state what shall be the consequence of any omission to comply therewith.

(2) The notice shall also state in what manner and within what time an answer, objection or other communication, if any, arising out of the notice is to be made and the address at or to which it is to be delivered or sent.

203 Service of notices.

203. (1) Every notice required by the Act or these Rules to be given to any person may be sent through the post in an unregistered letter, unless the Registrar directs that it be sent by registered letter or that personal service be made.

(2) Every notice sent through the post shall be sent by the Registry and the envelope containing the notice, whether registered or unregistered, shall be marked on the outside "from Land Registry, Chancery Street, Dublin."

204 Service through the post.

204. Every notice sent through the post shall, in the absence of evidence to the contrary, be deemed to have been received by the person to whom it is addressed within three days, exclusive of the day of posting, or, if the address is not within the State, within such time to be stated in the notice as the Registrar may determine ; and the time fixed by the notice for taking any step thereunder shall be calculated accordingly.

205 Procedure on return of notice sent by post.

205. On the return by the post office of a letter containing a notice, the Registrar may require some other notice to be given or may authorise substituted service of the notice ; or he may proceed without further notice, if, in the circumstances, he thinks fit to do so.

206 Personal service of notice, summons or order.

206. (1) Personal service of a notice or summons by or order of the Registrar shall be made by delivering the notice or summons or, in the case of an order, a sealed copy thereof to the person on whom service is directed. The service shall be proved by affidavit.

(2) Where personal service cannot be made, or is shown to be not reasonably practicable, the Registrar may order such substituted service as he may deem sufficient in the circumstances of the particular case.

207 How questions determined.

207. Where any question, difficulty or dispute arises during an investigation of title or registration or other proceeding in the Registry, the Registrar may give notice to all persons interestedto attend before him on a day and at a time to be stated in the notice for the consideration of the matter ; and, at the time appointed, he shall either decide the question or, if he entertains a doubt thereon, refer it to the court for its decision.

208 Summons by Registrar.

208. (1) A summons by the Registrar under section 16 of the Act shall be in Form 18.

(2) Where the summons is served upon any person not bound to attend at his own expense, the affidavit proving service of the summons shall also prove that the reasonable expenses of the attendance of the person summoned have been paid or tendered to him.

(3) The reasonable expenses of the attendance of any person on a summons in relation to a registration shall be part of the costs of the applicant in the matter.

209 Powers of Registrar under sections 16 and 94 of the Act.

209. The Registrar shall have the powers conferred on him by sections 16 and 94 of the the Act in all proceedings in the Registry for the registration of an ownership of property or a burden thereon or which involve an examination of title outside the registers.

210 Costs of proceedings before Registrar.

210. (1) The costs of any proceedings on a hearing before the Registrar shall be in his discretion and he may direct by and to whom they are to be paid.

(2) Subject to the provisions of section 100 (2) of the Act, and unless the parties otherwise agree, the costs shall be taxed in accordance with the procedure specified in rule 239.

211 Enforcement of order for costs.

211. An order by the Registrar for the payment of costs may be enforced in the manner provided by section 20 of the Act for the enforcement of orders of the Registrar.

212 Recording of decisions of Registrar.

212. (1) Every decision of the Registrar refusing to enter an ownership, burden, notice or other entry applied for in a register shall be made by ruling signed by him and entered in a ruling book to be kept for the purpose.

(2) Every other decision of the Registrar (not being an order) shall be entered as a ruling in the ruling book on the application of any person desiring to appeal therefrom.

(3) Every ruling shall refer to the documents on which it was made and shall state the grounds of the decision given.

213 Reference of questions to court.

213. (1) An order of the Registrar referring a question of law or fact to the court under section 19 (2) of the Act or an application to be made to the court under section 21 (2) of the Act shall haveannexed thereto a memorandum signed by him, which shall contain a concise statement of the material facts and documents on which the question referred to the court arises.

(2) The order shall state the question of law or fact for determination of the court and shall direct by whom the matter is to be brought before the court and the persons to whom notice of the application to the court is to be given.

(3) Where it appears to the Registrar that there has been undue delay in having a matter referred by him to the court brought before the court for its decision, he may, by order, transfer the carriage of the proceedings from the person to whom it was given to some other person interested therein, or he may rescind his order and treat the proceedings in which the reference was made as abandoned.

214 General powers of Registrar.

214. The Registrar may, in any particular case, extend the time limited or relax the regulations made by these Rules and may, at any time, adjourn any proceedings. Where at any time he is of opinion that the production of further documents or evidence or the giving of any notice is necessary or desirable, he may refuse to proceed until the documents, evidence or notice have been supplied or given. He shall have a discretionary power in all merely formal matters.

215 Power to treat proceedings as abandoned.

215. Where no step has been taken for a period of one month in a matter pending in the Registry, the Registrar may give notice to the applicant or his solicitor that the matter shall be treated as abandoned unless duly proceeded with within a time to be stated in the notice and, on the expiration of that time, he may treat the matter as abandoned, if it has not been proceeded with.

PART V COMPENSATION PAYABLE OUT OF THE CENTRAL FUND

216 To whom application for compensation is to be made.

216. Every application for compensation out of the Central Fund (under section 120 of the Act) shall be made in writing to the Registrar in Form 107 and shall be accompanied by two copies thereof.

217 Contents of application for compensation.

217. Every application for compensation shall be signed by the claimant or his solicitor and shall contain—

(a) particulars of the property for the loss of which compensation is claimed,

(b) particulars of the error, forgery or fraud on which the claim is based,

(c) particulars of the loss,

(d) an address in the State to which all notices and communications to the claimant may be sent,

and shall be verified by the affidavit of the claimant or, by leave of the Registrar, of some person on behalf of the claimant having knowledge of the facts.

218 Service of application on parties interested.

218. On the filing of an application for compensation in the Registry, the claimant shall serve copies of the application on the Minister for Finance, the Chief State Solicitor and on such other person (if any) as the Registrar may direct.

219 Notice to admit or dispute claim to be given by Minister for Finance.

219. The Minister for Finance shall, within two calendar months from the date of the service on him of such notice, give notice to the Registrar and the claimant of his intention to admit, either in whole or in part, or to dispute the claim.

220 Where claim admitted, order allowing compensation to be made.

220. Where the Minister for Finance,

(a) admits the claim

or

(b) admits part only of the claim and the claimant is satisfied to accept the part so admitted in full satisfaction of his demand,

the Registrar shall make an order allowing the claim or the part thereof so admitted and accepted (as the case may be) and shall measure such sum for costs as he considers just and shall direct to whom the amount of the compensation awarded and such costs are to be paid.

221 Procedure on application for compensation if claim is disputed.

221. Where the Minister for Finance disputes the claim for compensation or where the applicant is not satisfied to accept in full satisfaction a part of the claim admitted by the Minister for Finance, the Registrar, on receipt from the applicant of a notice to that effect, shall serve notice in Form 108 on the Minister for Finance, the Chief State Solicitor, the applicant and all other persons (if any) appearing to be interested in the application, fixing the day and hour for the parties (or their solicitors or counsel) to attend before the Registrar for the hearing of and adjudication on the application for compensation.

222 Hearing and determination of claim by Registrar.

222. (1) On the day mentioned in the last preceding rule, the Registrar shall hear the parties interested in the application (or their solicitors or counsel) and may, where he thinks fit, receive evidence orally or on affidavit. The Registrar shall determine the claim and shall embody his adjudication thereon in a formal order.

(2) Such order shall specify the amount of the compensation to be paid and the person to whom it is to be paid or shall dismiss the claim for compensation; and the order shall direct by whom the costs (if any) of the application and proceedings thereon are to be paid and the persons to whom such costs are to be paid, when taxed and ascertained.

(3) A copy of the order of the Registrar adjudicating on the claim may be bespoken by the Minister for Finance, the Chief State Solicitor and the claimant or other person entitled to receive the compensation (or his solicitor).

PART VI REGISTRATIONS IN THE REGISTER MAINTAINED UNDER SECTION 8 (B) OF The act ; AND EXCHANGES OF HOLDINGS UNDER SECTION 46 of THE LAND ACT, 1923

223 Register under section 8 (b) of the Act to be kept in central office only.

223. The register maintained under section 8 (b) of the Act shall be kept and maintained in the central office only.

224 Rights in land which may be registered.

224. It is hereby prescribed pursuant to section 8 (b) (ii) of the Act that the ownership of the following rights in land may be entered in the register maintained under section 8 (b)—

(i) any lease of incorporeal hereditaments held in gross ;

(ii) any charge, whenever created, registered as a burden ;

(iii) any judgment mortgage registered as a burden.

225 Incorporeal hereditaments held in gross.

225. (1) An applicant for registration of ownership of an incorporeal hereditament held in gross shall be registered as owner with an absolute title where title both to the grantee's interest and to the grantor's interest and to any superior or intermediate interest that may exist is approved by the Registrar.

(2) Where, immediately before the commencement of the Act, the registration of ownership of an incorporeal hereditament held in gross contained a note to the effect that the title of the grantor to make the grant has been investigated and found to be good, the title to the grantee's interest shall be deemed to be an absolute title. Where there is no such note, the title shall be deemed to be a possessory title.

(3) Where an incorporeal hereditament held in gross is granted by the owner of property registered with an absolute, possessory or qualified title, the title of the registered owner of such incorporeal hereditament shall be deemed to be likewise absolute, possessory or qualified, as the case may be.

(4) The registration of a person as first registered full or limited owner of an incorporeal hereditament held in gross with a possessory title shall not affect or prejudice the enforcement of any right (whether in respect of the grantor's title or otherwise) adverse to or in derogation of the title of the grantor or of that person and subsisting or capable of arising at the time of registration but, save as aforesaid, shall have the same effect as registration with an absolute title.

226 Application of the Act to incorporeal hereditaments held in gross.

226. Subject to rule 225, the provisions of the Act relating to the registration of the title to property and the burdens affecting registered property, except those to which section 73 applies, shall apply to registration in the register maintained under section 8 (b) of the Act of the ownership of all incorporeal hereditaments held in gross pursuant to the provisions of the said Act and these Rules, with the following modifications :

(a) " Land comprising incorporeal hereditaments held in gross " shall be substituted for " land " or " lands " or " freehold land ", where these expressions occur in such provisions and the context so requires.

(b) The burdens specified in paragraphs (j), (m), (n) and that part of the burden specified at (q), namely, " or a right of residence (whether an exclusive right of residence or not)" of subsection (1) of section 69 and paragraphs (b), (h), (n) and (o) of subsection (1) of section 72 shall be excluded from those sections in their application to such hereditament, but the conditions, estates, rights and interests, if any, specified in the grant creating the hereditament shall be included therein as burdens to which, though not registered, such a registered hereditament is subject.

227 Application of the Act to rights other than incorporeal hereditaments held in gross.

227. The provisions of the Act relating to the registration of the title to land (except those relative to the registration of limited ownerships, to the transfer of land and to burdens which are, without registration, to affect registered land) and the provisions of section 64 relative to the transfer of charges shall apply to registration, in the register maintained under section 8 (b) of the Act, of the title to the rights in land specified at (ii) and (iii) of rule 224, with the following modifications—

(a) "right", or "a right", or "rights", or "the rights", or "a registered right", or "the registered right", shall be substituted, as the context may require, for "land", or "lands", or "freehold land", or "registered land" and, in the provisions of the Act relating to charges, "right" shall be substituted for "charge";

(b) "owner" shall be substituted for "full owner" in the said provisions;

(c) the person who may be registered as the owner of such a right shall be the person in whom the right is vested absolutely, whether for his own benefit or as a trustee, and section 27 shall be read as modified accordingly;

(d) "the right" shall be substituted for the words "of freehold land with an absolute title" and for the words "an estate in fee simple in the land together with all implied or express rights, privileges and appurtenances belonging or appurtenant thereto", in section 37(1);

(e) the title conferred by registration on the owner of such a right shall not affect or prejudice the enforcement of any other right affecting the land on which the registered right is a burden that ranks in priority to or is in derogation of the registered right and subsisting or capable of arising at the time of the first registration thereof;

(f) the registration of an owner of a judgment mortgage shall not be a warranty that it is a valid burden on the property described in the register as affected by the right;

(g) all the burdens in section 72, except succession duty and estate duty, shall be excluded from that section in its application to such a registered right, and "any other right" specified in paragraph (e) hereof shall be included therein as burdens to which, though not registered, such a registered right is subject.

228 Exchanges under section 46 of the Land Act, 1923 .

228. (1) Where, pursuant to section 46 of the Land Act, 1923 , a transfer is made to the Land Commission of property (in this rule and in rules 229 and 230 called "the original holding") in exchange for property (in this rule and in rules 229 and 230 called "the new holding")—

(a) the transfer of the original holding shall state that it is made by way of exchange and shall have endorsed on it or embodied in it particulars of the new holding sufficient to enable the Registrar to identify it;

(b) the vesting order or other instrument effecting the transfer of the new holding shall state the land purchase annuity (if any) to which it is subject and shall refer to the folio number of the register of the original holding; and

(c) the instruments transferring the holdings shall be lodged in the Registry on the same day.

(2) Where the exchange of the original holding and the new holding is effected by means of a vesting order under the Land Purchase Acts, the provisions of paragraph (1) of this rule shall apply mutatis mutandis.

229 Effect of registration on exchange.

229. (1) The person who was registered owner of the original holding when the transfers or vesting order (as the case may be) were or was lodged shall be registered as full or limited owner of the new holding, according as he was full or limited owner of the original holding.

(2) A nominee appointed by the Land Commission under its statutory powers may be registered as full owner with a possessory title.

(3) There shall be entered in the folio of the new holding the burdens (other than burdens discharged under the Act of 1923 by the transfer or vesting order, as the case may be) that appear in the folio of the original holding. The new holding shall thenceforth be subject to the burdens so registered and to any burdens that, without registration, affect it.

230 Registration with possessory title.

230. Where it appears from the register that the burdens arising from the interest vested in the purchaser of the original holding under the Land Purchase Acts being deemed to be a graft on his previous interest in that holding have not been ascertained, the ownership of the new holding shall be registered with a possessory title.

231 Notices to be given.

231. On the registration of the ownership of the new holding, the Registrar shall send to all persons appearing from the folio of the original holding to be owners of burdens transferred to the now holding notice of the transfer of their burdens to the new holding and of their registration.

PART VII SOLICITORS' COSTS

232 Interpretation.

232. In this part of these Rules—

"the Act of 1881" means the Solicitors' Remuneration Act, 1881;

"the Order of 1884" means the Solicitors' Remuneration General Order, 1884, made pursuant to the Act of 1881 and dated the 16th day of April, 1884;

"the Order of 1951" means the Solicitors' Remuneration General Order, 1951, made pursuant to the Act of 1881 and dated the 11th day of December, 1951;

"the Order of 1960" means the Solicitors' Remuneration General Order, 1960, made pursuant to the Act of 1881 and dated the 5th day of August, 1960.

233 Orders of 1884 and 1960, as varied, to apply.

233. The remuneration of a solicitor for conveyancing or other business with registered property, not being business in any action or transacted in any court or in the chambers of any judge or master, shall be regulated by the Orders of 1884 and 1960 as varied by these Rules.

234 Sales, purchases and charges.

234. (1) The following provisions shall apply in respect of sales, purchases and charges completed:

(i) Where the property is registered with a possessory title that cannot be converted into an absolute title except after the examination of title prescribed by rules 36 and 37 of these Rules—

(a) the remuneration of the solicitor for the vendor or person charging the property shall be the charges set out in Part I of the Schedule of Costs to these Rules, provided that such title shall have been shown as would enable the purchaser or chargee to have the title registered as absolute;

(b) the remuneration of the solicitor for the purchaser or chargee shall be the charges set out in Part I of the Schedule of Costs to these Rules, provided that an application to convert the possessory title is made when registration of the ownership or of the charge is applied for and effect is given to the investigation of the title made on the sale or charge by the registration of the title as absolute. The remuneration shall cover all charges in connection with the conversion of the title. If such conversion is not applied for and obtained, the remuneration shall be two-thirds of the foregoing remuneration.

(ii) Where—

(a) the property is registered with a possessory title that cannot be converted except after the examination of title prescribed by rules 36 and 37 of these Rules, and such title as would enable the purchaser or chargee to have the title converted shall not have been shown, or

(b) the property is not registered with a possessorytitle or is registered with a possessory title that may be converted on an application under rule 33, 34 or 35 of these Rules,

the remuneration shall be half the charges set out in Part I of the Schedule of Costs to these Rules. The conversion of a title on an application under rule 33, 34 or 35 shall be deemed to be part of the business in connection with the sale or charge and the solicitor obtaining the conversion shall also be entitled to the remuneration therefor prescribed by rule 236(1)(ii) of these Rules.

(2) In respect of all sales, purchases or charges, completed or not completed, for which the remuneration prescribed by the foregoing provisions of this rule is not chargeable, the remuneration shall be the charges prescribed by clause 2(c) of the Order of 1884 amended by the Order of 1960 as varied by rules 236 and 241 of these Rules.

235 Leases and fee-farm grants.

235. The following provisions shall apply in respect of leases, fee-farm grants and agreements therefor:

(i) The remuneration for leases or agreements for leases at rack rent (other than mining leases or leases for building purposes or agreements therefor) shall be the charges set out in Part II of the Schedule of Costs to these Rules.

(ii) The remuneration for conveyances in fee or for any other freehold estate reserving a rent (not being a fee-farm grant under the Renewable Leasehold Conversion Act, 1849, or the Church Temporalities Acts) or for building leases reserving rent or other long leases not at rack rent or agreements therefor or mining leases or licences or agreements therefor shall be the charges set out in Part III of the Schedule of Costs to these Rules. Where a conveyance or lease is partly in consideration of a money payment or premium and partly in consideration of a rent, then, in addition to the remuneration hereby prescribed in respect of the rent, there shall be payable a further sum equal to the remuneration on a purchase at a price equal to such money payment or premium, such further remuneration to be ascertained as prescribed in rule 234 of these Rules.

236 Other business.

236. (1) The following provisions shall apply in respect of the transactions specified therein:

(i) For all charges on any transfer (except a transfer on sale) by a registered owner or his personal representative or on a transfer by a registered trustee to anothertrustee or to a beneficiary, including charges for instructions and for the drawing, engrossing, execution and completion of the instrument and any consent, affidavit or statement required in connection therewith, and for the registration of the ownership and burdens (if any) created and the discharge of the burdens (if any) discharged, to give effect to the transfer, the remuneration to the solicitor for the transaction completed shall be the charges set out in Part IV of the Schedule of Costs to these Rules.

(ii) For all charges in connection with an application for the conversion of a possessory title on an application under rule 33, 34 or 35 of these Rules, the remuneration to the solicitor who obtains the conversion shall be the charges set out in Part V of the Schedule of Costs to these Rules.

(iii) On a transfer by a registered owner (except a transfer on sale) or on a transmission on the death of such an owner, the conversion of a possessory title that may be effected on an application under rule 33 or 34 of these Rules shall be deemed to be part of the business of the solicitor in connection with the transfer or transmission and, if obtained when registration under the transfer or transmission is applied for, the charge therefor prescribed in sub-paragraph (ii) ante shall be chargeable as part of the charges for such business.

(iv) The costs of an applicant or a judgment creditor for which an order of the Registrar may issue under rule 121(6) of these Rules in connection with an application under the said rule for the cancellation of a notice in the register of a deposit of an affidavit of judgment as a mortgage shall be those prescribed in Part VI of the Schedule of Costs to these Rules. These costs shall be exclusive of any costs of or incidental to an application to the court on a reference under rule 121(5) of these Rules.

(2) Except as prescribed by the foregoing provisions hereof, the remuneration for business with registered property to which clause 2(c) of the Order of 1884 applies shall be the amount of the charges prescribed by the said clause 2(c) amended by the Order of 1960 as varied by these Rules.

237 Rescission of rule 11 of Part I of Schedule I to the Order of 1884.

237. It is hereby declared that rule 11 of the Rules to Part I of Schedule I to the Order of 1884, which was rescinded by clause 3 of the Order of 1951, is also rescinded as far as these Rules are concerned.

238 Meaning of "value" in Parts IV and V of the Schedule of Costs.

238. "Value" in Parts IV and V of the Schedule of Costs to these Rules means fifty times the rateable valuation of the property.

239 Taxation.

239. (1) Costs prescribed by these Rules shall, when taxable, be taxed by a Taxing Master of the High Court, and the Rules of the Superior Courts for the time being relative to taxation shall apply to such costs as if the Land Registry were an Office of the High Court.

(2) In the taxation of costs, the Taxing Master shall have regard to the procedure prescribed by the Act and these Rules and shall disallow the costs of any document or part thereof that he may consider unnecessary or prolix having regard to the prescribed form and the procedure and effect of registration under the Act.

240 Certain amendments of Order of 1960 not to apply.

240. The amendments effected by paragraphs 3(d) and 4(c) of the Order of 1960 shall not apply to registered property.

241 Instruction fee.

241. The following instruction fee shall be substituted for the instruction fee in the Schedule to the Order of 1960:

"Such fees for instructions as, having regard to the care and labour required, the number and lengths of the papers to be perused and the other circumstances of the case, may be fair and reasonable".

242 Amendment.

242. In Note 6 of the Schedule to the Order of 1960, the word "later" shall be substituted for the word "earlier".

SCHEDULE OF COSTS

PART I

Scale of charges on sales, purchases and mortgages

PART II

Scale of charges as to leases or agreements for leases at rack rent (other than mining leases or leases for building purposes or agreements for the same)

In case the lease is registered a charge of £4 to the solicitor registering same.

PART III

Scale of charges as to certain fee farm grants, building leases reserving rent and other long leases not at rack rent, etc.

Vendor's or lessor's solicitor—for preparing, settling, and completing conveyance and duplicate, or lease and counterpart:—

Purchaser or lessee's solicitor—for perusing draft and completing . . . One half of the amount payable to the Vendor's or Lessor's solicitor.

In case the Lease is registered, a charge of £4 to the solicitor registering same.

PART IV

Scale of charges for transfer (except a transfer on sale) by a registered owner or his personal representative

PART V

Scale of charges for applications for conversion of possessory titles etc. under rules 33, 34 and 35

PART VI

Judgment mortgages

Costs payable under rule 121 (6)

SCHEDULE OF FORMS

FORM 1

Application for first registration of freehold land and of incorporeal hereditaments held in gross (rules 14 and 15)

LAND REGISTRY

County

I, A.B., of                        make oath and say—

1. I am entitled for my own benefit (or, as trustee under deed dated etc., or, as tenant for life under settlement dated etc., or, as the case may be) to the land set out in the first part of the Schedule hereto which is subject to the mortgages, charges, leases, tenancies, restrictive covenants and incumbrances specified in the second part of the said Schedule (or, which is not subject to any mortgage, charge, lease, restrictive covenant or incumbrance).

2. I am in undisputed possession (or, receipt of the rents and profits) of the land and there is no person in occupation of it, or any part of it, adversely to my estate therein.

3. I refer to the statement of my title lodged with this application (to the opinion of counsel thereon (a)), to a map of the land drawn on a section of an Ordnance Survey map, or other map referred to in rule 15 (1) (c) and to the schedule of documents lodged herewith, which is a list of all documents relating to the title in my possession or under my control. The facts specified in the statement of my title are true and accurate and the map correctly shows the boundaries of the land.

4. (b) For the protection of the trusts on which I hold the land I apply for the entry of the following inhibition in the register on my registration as owner (see rule 49 and Form 88).