Registration of Deeds and Title Act 2006

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PART 3

Registration of Deeds

Interpretation (Part 3).

32.— (1) In this Part, unless the context otherwise requires—

“ deed ” means a document by which an estate or interest in land is created, transferred, charged or otherwise affected and includes any of the following documents, whether under seal or not, affecting land:

(a) a conveyance;

(b) a document not attested;

(c) an assent under the Succession Act 1965 ;

(d) a vesting certificate under the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 ;

(e) a certificate vesting property in the Official Assignee under the Bankruptcy Act 1988 ;

(f) a receipt under section 43 of the Industrial and Provident Societies Act 1893 , section 53 of the Friendly Societies Act 1896 , section 84 (1) of the Building Societies Act 1976 or section 18 (1) of the Housing Act 1988 ;

(g) an affidavit or a certificate of satisfaction prescribed by the Judgement Mortgage (Ireland) Act 1850;

(h) a judgment, decree or order of a court or a declaration by a court of title, division or allotment;

(i) a notification or order under the Land Reclamation Act 1949 ;

(j) a notice under the Family Home Protection Act 1976 ;

(k) a certified copy of a statement under section 3(8)(c) (inserted by section 54(1)(b)(ii) of the Family Law Act 1995 ) of the Family Home Protection Act 1976 ;

(l) a record of the registration of the ownership of any estate or interest in land as referred to in section 116(2) of the Act of 1964;

(m) information in electronic or other non-legible form which is capable of being converted into any of the preceding documents; and

(n) such other documents as may be prescribed;

but does not include—

(i) any document affecting, or in so far as it affects, registered land, or

(ii) any lease for a term not exceeding 21 years (or such other period as may be prescribed) where actual occupation is in accordance with the lease;

“ land ” includes—

(a) land of any tenure,

(b) land covered by water,

(c) houses or other buildings or structures whatsoever and parts thereof, whether divided vertically, horizontally or otherwise,

(d) mines and minerals, whether held apart from the surface or not,

(e) incorporeal hereditaments;

“ lease ” means any contract of tenancy and includes an agreement for a lease;

“ record ” includes any book, index or document and any information in electronic or other non-legible form which is capable of being converted into a permanent legible form;

“ register ” means the register of deeds maintained under section 35 ;

“ Registry ” has the meaning given to it by section 33 ;

“ repealed enactments ” means the enactments repealed by this Act.

(2) In this Part, unless the context otherwise requires—

(a) a reference to a section or the Schedule is a reference to a section of, or the Schedule to, this Act,

(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs,

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, extended or adapted, whether before or after the commencement of this Act, by or under any subsequent enactment.