S.I. No. 350/2009 - Registration of Deeds Rules 2009

S.I. No. 350 of 2009

REGISTRATION OF DEEDS RULES 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th September, 2009.

1. (1) These Rules may be cited as the Registration of Deeds Rules, 2009.

(2) These Rules and the Registration of Deeds Rules 2008 may be cited together as the Registration of Deeds Rules 2008 to 2009.

(3) These Rules and the Land Registration Rules 2008 shall be construed together as one.

2. These Rules shall come into operation on the 1st day of November, 2009.

3. An application for cancellation of a Property Adjustment Order pursuant to section 9 of the Family Law Act 1995 or section 14 of the Family Law (Divorce) Act 1996 may be made in Form 13, 14 or 15 in the Schedule of Forms hereto.

4. Registration may be effected by entry opposite the entry of the property adjustment order, to the effect that the order has been complied with.

Schedule of Forms

Form 13

Registry of Deeds

Book Page Number or Serial Number

I, AB

solicitor for

hereby certify that the property adjustment order registered in the Registry of Deeds under the above Book, Page and Number or Serial Number has been complied with in full insofar as the property (described in the schedule hereto — to be inserted where compliance is in respect of part of the property the subject of the order) the subject of the order is concerned and I hereby apply for the entry of a note of compliance in the register maintained in the Registry of Deeds.

Signed

Dated this day of 20.

Schedule

(To contain a description of the property)

Form 14

Registry of Deeds

Book Page Number or Serial Number

I, CD

hereby make oath and say as follows:-

1. There is registered in the Registry of Deeds, under the above Book, Page and Number or Serial Number a property adjustment order pursuant to section 9 of the Family Law Act 1995 (or section 14 of the Family Law (Divorce) Act 1996 )

2. I am the beneficiary of the said property adjustment order.

3. The said property adjustment order has been complied with in full insofar as the property (described in the schedule hereto — to be inserted where compliance is in respect of part of the property the subject of the order) the subject of the order is concerned.

4. I apply for the entry of a note of compliance in the register maintained in the Registry of Deeds.

I EF hereby certify that I know the

Deponent.

Signature Signature

Schedule

(To contain a description of the property)

Form 15

Registry of Deeds

Book Page Number or Serial Number

Whereas there is registered in the Registry of Deeds under the above Book, Page and Number or Serial Number a property adjustment order under section 9 of the Family Law Act 1995 , (or section 14 of the Family Law (Divorce) Act 1996 ) and whereas the said order has been complied with in full insofar as the property (described in the schedule hereto — to be inserted where compliance is in respect of part of the property the subject of the order) the subject of the order is concerned.

Now we, GH and IJ, the parties to the proceedings, hereby consent to, and apply for the entry of a note of compliance in the register maintained in the Registry of Deeds.

Dated this day of 20.

Signed by the said GH

in the presence of

Signed by the said IJ

in the presence of

Schedule

(To contain a description of the property)

We, the Registration of Deeds and Title Rules Committee, constituted pursuant to the provisions of section 74 of the Registration of Deeds and Title Act 2006 in exercise of the power conferred on us by section 48 of the Registration of Deeds and Title Act 2006 , with the concurrence of the Minister for Justice, Equality and Law Reform, do hereby make the foregoing Rules.

Dated this day of, 2009.

Mary Laffoy, Judge of the High Court

John T. Coleman, Chairman of the Property Registration Authority

Catherine Treacy, Chief Executive of the Property Registration Authority

James Dwyer, Senior Counsel

Owen M. Binchy, Solicitor

I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by Section 48 of the registration of Deeds and Title Act 2006 , hereby concur in the making of the foregoing Rules.

GIVEN under my Official Seal,

2 September 2009

DERMOT AHERN.

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules made under section 48 of the Registration of Deeds and Title Act 2006 , come into effect on 1st November, 2009 and provide for the registration of an entry of compliance with a property adjustment order, pursuant to section 9 of the Family Law Act 1995 or section 14 of the Family Law (Divorce) Act 1996 as amended by sections 74 and 75 of the Civil Law (Miscellaneous Provisions) Act 2008 .