S.I. No. 52/2008 - Registration of Deeds Rules, 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th March, 2008.

Commencement

1. These Rules may be cited as the Registration of Deeds Rules 2008 and shall come into operation on the 1st day of May 2008.

Interpretation

2. (1) In these Rules—

“the Act” means the Registration of Deeds and Title Act 2006 , and words or expressions defined in the Act have the same meaning as in the Act where the context so admits;

“the Act of 1707” means the Registration of Deeds Act 1707;

“the Authority” means the Property Registration Authority;

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

“prescribed fee” means the appropriate fee fixed by the Minister for Justice, Equality and Law Reform by order under section 21 of the Act;

“Registry” means the Registry of Deeds provided for by Section 33 of the Act.

(2) The Interpretation Act 2005 shall apply for the purpose of the interpretation of these Rules except so far as it may be inconsistent with the Act or with these Rules.

Hours of business

3. The Registry shall be open to the public from 10 a.m. to 4.30 p.m. daily except on Saturdays, Sundays, and the following days, namely—

(a) New Year’s Day (or the day kept as a holiday in lieu thereof);

(b) St. Patrick’s Day (or the day kept as a holiday in lieu thereof);

(c) Good Friday;

(d) Easter Monday;

(e) the first Monday in May;

(f) the first Monday in June;

(g) the first Monday in August;

(h) the last Monday in October;

(i) Christmas Day (or the day kept as a holiday in lieu thereof);

(j) St. Stephen’s Day (or the day kept as a holiday in lieu thereof) and the next following working day; and

(k) any other working day which is a day appointed to be a public holiday.

The Register

4. (1) The register shall consist of information required by the Act and these Rules to be maintained in respect of each deed registered under the Act.

(2) The register shall be maintained in paper form or electronic form, or partly in one form and partly in the other form.

(3) Where the register or any part thereof is in electronic form it may be arranged, maintained, kept, stored, preserved, inspected, searched, copied and examined in such manner as the Authority may determine.

(4) The register shall be maintained in Irish or in English or partly in one language and partly in the other language.

(5) The register shall contain the following information in respect of each deed registered under the Act—

(a) the name of the deed,

(b) the date of the deed,

(c) the grantors in the deed,

(d) the grantees in the deed,

(e) a description of the property,

(f) the serial number allocated under Rule 7,

(g) the date of registration,

(h) such other information as may be considered necessary by the Authority.

(6) The information retained in the register established by the Act of 1707 shall be deemed to constitute part of the register.

(7) The information held shall not be accessible during such period as may arise as a result of force majeure, that is to say unusual and unforeseen circumstances beyond the control of the Authority.

Records kept by the Registry

5. (1) The records of the Registry established by the Act of 1707 shall be kept by the Authority.

(2) There shall be kept by the Registry in respect of each registration a record, as appropriate, containing the name of the deed, the date of the deed, the name of each Grantor, the name of one Grantee, the description of the property, the serial number, the date of registration and the general nature of the deed.

(3) The records may be kept in paper form or electronic form or partly in one form and partly in the other form.

Applications for registration

6. (1) Save as otherwise provided in these Rules, every application for registration of a deed shall be in the appropriate form of the Schedule of Forms to these Rules, with such alterations and additions as the circumstances require and which the Authority allows and shall be accompanied by the deed and the prescribed fee.

(2) If it appears to the Authority that any application 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 is otherwise expressed in a manner inconsistent with the principles upon which the register is to be kept, it may refuse registration, either absolutely or except subject to such modifications therein as it shall approve.

(3) Where application is made for registration of a lease for a term not exceeding 21 years (or such other period as may be prescribed) the Authority shall assume that actual occupation is not in accordance with the lease.

(4) To ensure accuracy in the registered details the Authority shall compare the details on the application form with those in the deed in respect of which registration is being made.

(5) Applications may be lodged by hand, by post or by such other means as may be directed by the Authority.

(6) Applications may be lodged during the hours the Registry is open to the public. Applications delivered to the Registry before 10.00 a.m. on any day it is open to the public shall be deemed to be lodged at the same time at 10.00 a.m. on that day and applications delivered after 4.30 p.m. on any such day shall be deemed to be lodged at the same time at 10.00 a.m. on the next day on which the Registry is open to the public.

(7) Every application shall be deemed to be received when the prescribed information at Rule 5(2) is recorded by the Authority.

(8) Registration shall be effected by recording the prescribed information at Rule 5(2).

Serial numbers

7. (1) A serial number, numbered annually and sequentially, shall be allocated to each application in the order in which it is received in the Registry.

(2) Where two or more applications are received at the same time they shall be allocated serial numbers randomly among themselves except that where lodged by the same party that party may expressly direct in writing the order in which the applications lodged are to be registered.

Endorsement of registration

8. Every deed that has been registered shall have a certificate of its registration endorsed thereon in the manner directed by the Authority.

Inspection and searching

9. (1) Any person may on payment of the prescribed fee, in such manner and subject to such conditions as may be determined by the Authority inspect, search, copy, examine and make extracts from or take short notes of the register and records maintained by the Authority during the hours the Registry is open to the public.

(2) Certified copies of memorials and of registered application forms may be obtained on payment of the prescribed fee.

Vesting Certificates

10. Application for registration of a vesting certificate under Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 shall be made in Form 4 accompanied by the vesting certificate and the prescribed fee.

Bankruptcy proceedings

11. Application for registration of a vesting certificate in bankruptcy shall be made by lodging the Vesting Certificate issued under sections 46 or 118 of the Bankruptcy Act 1988 .

Discharge, release and receipt of mortgage

12. (1) Application for registration of a discharge or release or partial discharge or partial release of a mortgage shall be made in Form 6, accompanied by the discharge or release and the prescribed fee.

(2) Application for registration of a receipt on a mortgage shall be made in Form 7, accompanied by the mortgage deed with the receipt endorsed thereon, and the prescribed fee.

Discharge, release and satisfaction of judgement mortgage

13. Application for registration of satisfaction of judgement mortgage shall be made in Form 1 or Form 1A, as appropriate, accompanied by an affidavit or certificate of satisfaction or a discharge or release by the judgement creditor or his personal representative and the prescribed fee.

Judgements, Orders, Decrees or Declarations of Court

14. (1) Except as provided by sub-rules (2) and (3), application for registration of a judgement, order, decree or declaration of Court shall be made in Form 1 or 1A, as appropriate, accompanied by evidence of the judgement, order, decree or declaration and the prescribed fee.

(2) Application for registration of an order of Court pursuant to sections 9 or 18 of the Family Law Act 1995 or sections 14 or 22 of the Family Law (Divorce) Act 1996 shall be made by lodgement of a copy of the order certified in accordance with those sections.

(3) Application for registration of an order of Court pursuant to section 25 of the Criminal Justice Act 1994 or section 10 of the Proceeds of Crime Act 1996 shall be made by lodgement of the notice of the order referred to in those sections.

Notification or Order under the Land Reclamation Act 1949

15. Application for registration of a notification or order under the Land Reclamation Act 1949 shall be made by lodgement of the order.

Notice under the Family Home Protection Act 1976

16. Application for registration of a notice under section 12 of the Family Home Protection Act 1976 shall be in Form 5.

Statement under the Family Home Protection Act 1976

17. Application for registration 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 , shall be made in Form 8 accompanied by a certified copy of the statement and the prescribed fee.

Registration of ownership under the Registration of Deeds and Title Acts 1964 and 2006

18. The notice of registration of ownership under the Registration of Deeds and Title Acts 1964 and 2006 shall be in Forms 9 or 10, as appropriate.

Official Search

19. (1) Any person may, on payment of the prescribed fee, apply to the Authority to make an Official Search in such manner and subject to such conditions as may be determined by the Authority and to be provided with the details of any results thereof duly certified.

(2) The application shall be in Form 11.

(3) The certificate of the result of the search shall be in Form 12.

SCHEDULE OF FORMS

Form 1

REGISTRY OF DEEDS

Application by solicitor for registration of a deed of conveyance/assignment/ grant/assent/ judgment mortgage or other document other than those referred to in forms 2-7 (Rule 6)

Note: To be completed in type face or with black pen using block capital letters

I AB

Solicitor forCD

apply for registration of a deed the particulars of which are set out hereunder. I certify that the particulars are in accordance with the Deed.

Signed: ...................................................

Name of lodging party: Solr ref: ............................................

Address of lodging party:

Name of Deed: Conveyance/Assignment/ Grant/Assent/Judgement Mortgage or other document (Delete as appropriate)

For official use only: Applicant Code Office Code

Date of deed

Name all Grantor(s):

Forename Surname

Forename Surname

Forename Surname

Forename Surname

(Use additional sheet for further GRANTORS if necessary)

Name all Grantee(s):

Forename Surname

Forename Surname

Forename Surname

Forename Surname

(Use additional sheet for further GRANTEES if necessary)

Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE DEED SHOULD NOT BE PROVIDED HEREUNDER)

ADDRESS (AS IN DEED)

Area (if included in the deed)

Map co-ordinates (if included in the deed)

Geo Directory address (if included in the deed)

*(use additional sheet for further PROPERTIES if necessary)

For Assignments only:

[See Note]

Note:

Lease details to be provided where application is made for registration of an Assignment

Form 1A

REGISTRY OF DEEDS

Application by a personal applicant for registration of a deed of Conveyance/Assignment/ Grant/Assent/Judgement Mortgage or other document, other than those referred to in Forms 2-7 (Rule 6)

Note: To be completed in type face or with black pen using block capital letters

I ABof

make oath and say as follows:

1. I set out hereunder particulars of a deed, which I require to have registered.

2. I certify that the particulars are in accordance with the deed.

3. I apply for registration of the deed.

Name of lodging party: Your ref: ........................................

Address of lodging party:

Name of Deed: Conveyance/Assignment/ Grant/Assent/Judgement Mortgage or other document (Delete as appropriate)

For official use only: Applicant Code Office Code

Date of deed:

Name all Grantor(s):

Forename Surname

Forename Surname

Forename Surname

Forename Surname

(Use additional sheet for further GRANTORS if necessary)

Name all Grantee(s):

Forename Surname

Forename Surname

Forename Surname

Forename Surname

(Use additional sheet for further GRANTEES if necessary)

Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE DEED SHOULD NOT BE PROVIDED HEREUNDER)

ADDRESS (AS IN DEED):

Area (if included in the deed)

Map co-ordinates (if included in the deed)

Geo Directory address (if included in the deed)

For Assignments only:

[See Note]

Note

Lease details to be provided where application is made for registration of an assignment.

Form 2

REGISTRY OF DEEDS

Application for registration of a lease (Rule 6)

Note: To be completed in type face or with black pen using block capital letters

I AB

Solicitor for CD

apply for registration of a lease the particulars of which are set out hereunder. I certify that the particulars are in accordance with the Lease.

Signed: ......................................................

Name of lodging party: Solr ref:

Address of lodging party:

For official use only: Applicant Code Office Code

Date of Lease

Name all Lessor(s)/Landlord(s)/Grantor(s):

ForenameSurname

Forename Surname

Forename Surname

Forename Surname

(use additional sheet for further Lessor(s)/Landlord(s)/Grantor(s) if necessary)

Name all Lessee(s)/Tenant(s)/Grantee(s):

ForenameSurname

Forename Surname

Forename Surname

Forename Surname

(use additional sheet for further Lessee(s)/Tenant(s)/Grantee(s) if necessary)

Term of Lease ............................... Commencement date ..................................... Rent .....................................

Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE LEASE SHOULD NOT BE PROVIDED HEREUNDER)

ADDRESS (AS IN LEASE):

Area (if included in the lease)

Map co-ordinates (if included in the lease)

Geo Directory address (if included in the lease)

*(use additional sheet for further PROPERTIES if necessary)

Form 2A

REGISTRY OF DEEDS

Application by a personal applicant for registration of a lease (Rule 6)

Note: To be completed in type face or with black pen using block capital letters

I AB

of

Make oath and say as follows:

1. I apply for registration of a lease the particulars of which are set out hereunder.

2. I certify that the particulars are in accordance with the Lease.

3. I apply for registration of the lease.

Name of lodging party: Your ref:

Address of lodging party:

For official use only: Applicant Code Office Code

Date of Lease

Name all Lessor(s)/Landlord(s)/Grantor(s):

ForenameSurname

Forename Surname

Forename Surname

Forename Surname

(use additional sheet for further Lessor(s)/Landlord(s)/Grantor(s) if necessary)

Name all Lessee(s)/Tenant(s)/Grantee(s):

ForenameSurname

Forename Surname

Forename Surname

Forename Surname

(use additional sheet for further Lessee(s)/Tenant(s)/Grantee(s) if necessary)

Term of Lease ............................... Commencement date ..................................... Rent .....................................

Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE LEASE SHOULD NOT BE PROVIDED HEREUNDER)

ADDRESS (AS IN LEASE):

Area (if included in the lease)

Map co-ordinates (if included in the lease)

Geo Directory address (if included in the lease)

*(use additional sheet for further PROPERTIES if necessary)

Form 3

REGISTRY OF DEEDS

Application by a solicitor for registration of a mortgage/charge/debenture (Rule 6)

Note: To be completed in type face or with black pen using block capital letters

I AB

Solicitor for CD

apply for registration of a deed the particulars of which are set out hereunder. I certify that the particulars are in accordance with the Deed.

Signed: ......................................................

Name of lodging party: Solr ref:

Address of lodging party:

Name of Deed: Mortgage/ Charge/ Debenture (Delete as appropriate)

For official use only: Applicant Code Office Code

Date of deed:

Name all Mortgagor(s)/Borrower(s)/Chargor(s):

ForenameSurname

Forename Surname

Forename Surname

Forename Surname

(Use additional sheet for further Mortgagor(s)/Borrower(s)/Chargor(s) if necessary)

Name all Lender(s)/Others:

(Use additional sheet for further Lender(s)/Others if necessary)

Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE MORTGAGE SHOULD NOT BE PROVIDED HEREUNDER)

ADDRESS (AS IN MORTGAGE):

Area (if included in the deed)

Map co-ordinates (if included in the deed)

Geo Directory address (if included in the deed)

*(use additional sheet for further PROPERTIES if necessary)

Note: When the mortgage deed does not affect specific property, it will not be registrable in the Registry of Deeds unless it affects one of the following general descriptions of the borrower’s land. In these circumstances you must be able to tick one of the following, reference to which must be in the stated paragraph of the mortgage deed—

All other property and assets of the Mortgagor(s)/Borrower(s)/Chargor(s) in paragraph ............ of the mortgage deed

All other (if any) freehold/leasehold property of the Mortgagor(s)/Borrower(s)/Chargor(s) in paragraph .......... of the mortgage deed

When the mortgage deed affects specific property, it may also affect other land of the borrower which is described in general terms in the mortgage deed. In these circumstances you should tick one of the following, reference to which must be in the stated paragraph of the mortgage deed—

All other property and assets of the Mortgagor(s)/Borrower(s)/Chargor(s) in paragraph .......... of the mortgage deed