Landlord and Tenant (Ground Rents) (No. 2) Act, 1978

Arbitration.

[New]

21.—(1) A person who claims to be entitled to acquire the fee simple in a dwellinghouse by virtue of Part II may, without any consent referred to in section 20, apply to the Registrar of Titles to have the premises vested in him under section 22 and he shall serve notice of his application upon the immediate lessor. Service of a notice may be effected in any manner provided for by section 63 of the Act of 1931 or section 23 of the Act of 1967.

(2) The Registrar may, however, dispense with service under subsection (1) where the applicant satisfies him that it is not reasonably practicable to effect such service. In any such case, the Registrar shall serve notice of the application on every person who appears to him to be the owner of any estate, interest or incumbrance which would be extinguished by the issue of a certificate under section 22 (1), so far as it is reasonably practicable to ascertain such persons.

(3) The Registrar of Titles shall determine the application by arbitration.

(4) The provisions of the Act of 1967 shall apply for the purposes of this Part with the substitution, for references to the county registrar, of references to the Registrar of Titles.

(5) An appeal to the Court under section 22 of the Act of 1967 against an award, order or other decision of the Registrar as arbitrator shall be heard and determined by a Judge of the Court for the time being assigned to the circuit in which are situate the premises or any part of the premises in relation to which the appeal is taken.