S.I. No. 89/1944 - Land Registration Rules, 1944.

1. ....................................... the full owner of the property described in Folio....................of the Register, County................................died intestate on the..........day of........................................, 19........, and letters of administration of his personal estate were granted to me on the....... day of..............., 19............

2. I have set out in the Schedule hereto the names of all the persons other than myself who, subject to the liabilities of the intestate, became by law beneficially entitled to his property on his death, their relationship to the intestate, and their addresses in Éire for service of notices. None of them are infants or persons of unsound mind, except where stated in said Schedule.

3. The claims of every person named in said Schedule have been satisfied, and I beg to refer to the instruments, particulars whereof are set out in the 3rd column of the said Schedule whereby the several persons beneficially entitled as aforesaid, other than myself, have released their respective claims to the property which the said instruments accompany this application and [are intended to be lodged in the Registry], (or, if the instruments relate to other property in addition to registered land) [copies of which instruments are intended to be lodged in the Registry.]

4. The administration of the estate of.............................. having been completed by me I apply to be registered as full owner of the said property.

5. My address in Éire for service of notices and my description are

.....................................................

.....................................................

.....................................................

(Signature of Deponent)

Sworn the............day of................... at........................................in the County of........................................ before me, a Commissioner for Oaths [or other qualified person] and I know the Deponent ]or I know X. Y. who certifies his knowledge of Deponent]

.......................................................

I, X. Y. hereby certify that I know the Deponent.

(Signature)

Commissioner for Oaths, (or other qualification)

............................................................ ...........

(Signature)

Name and address of claimant under intestacy

Relationship of claimant to owner

Particulars of instrument releasing claim

Form 7.

NOTICE TO A REGISTERED OWNER OF PROPERTY OR TO AN APPLICANT FOR REGISTRATION AS OWNER OF REGISTERED PROPERTY OF APPLICATION TO REGISTER A BURDEN (RULE 33).

LAND REGISTRY.

Land Registry,

Chancery Street,

Dublin.

NOTICE.

Folio No. County

Sir (or Madam).

TAKE NOTICE that an application has been made to the Registrar by.................................................. to register the burden specified in the Schedule hereto against the property described in the above-mentioned Folio.

AND FURTHER TAKE NOTICE that unless cause to the contrary is shown by you within ten days from the service of this notice the Registrar will, in pursuance of his powers under the Land Registration Rules, 1944, give, on your behalf, the concurrence to the registration of the said burden on the said Folio required by Section 45 of the Registration of Title Act, 1891.

This Notice is sent to you as [the registered owner of the property] (or) [the personal representative of the registered owner of the property] (or) [the applicant for registration as owner of the property] and will be deemed to have been received by you within..............................days from the date hereof in the absence of proof to the contrary.

Any objection by you to the registration of the said burden must be in writing addressed to the Registrar, Land Registry, Chancery Street, Dublin, and must state the grounds of your objection.

Dated this..............day of......................................., 19........

....................................................

Chief Clerk.

To

SCHEDULE ABOVE REFERRED TO.

Form 8.

REQUISITION FOR OFFICIAL SEARCH IN THE NAMES INDEX (RULE 42 (2)).

LAND REGISTRY.

To : The Registrar of Titles.

Search in the Names Index of the County of.................................................. and furnish me with all Folio references entered in the said Index at the date of the making of the Search showing an ownership in the name of................................... in that County.

Dated this..........day of......................................19.........

(To be signed by the applicant, whose address in Éire must also be given.)

Note.—It is to be noted that the search made in compliance with this Requisition will not include the ownership of land vested by the Land Commission in a purchaser in respect of which a Folio has not yet been opened (See Sec. 17 (4)

Land Act, 1927

, Sec. 31 (3)

Land Act, 1931

, and Sec. 48

Land Act, 1933

) ; nor will it necessarily include the ownership of property arising under any document lodged in the Land Registry and not yet entered on a Folio of the Register.

Form 9.

REQUISITION FOR OFFICIAL SEARCH FOR THE REGISTRATION OF THE OWNERSHIP OF A SPECIFIED PARCEL OF LAND, OR OF ANY LEASEHOLD ESTATE OR RIGHT THEREIN REGISTERED IN THE REGISTERS OF LEASEHOLDERS OR OF SUBSIDIARY INTERESTS (RULE 42 (2)).

LAND REGISTRY.

To : The Registrar of Titles.

I require to be furnished with the Folio reference(s) in the register(s) for the County of...................., in which the ownership of the part of the townland of.................... (or other description on ordnance map) shown on the annexed plan (or), [of any leasehold estate or right therein registered in the registers of leaseholders or of subsidiary rights] has been registered.

Dated the.........day of.................................................., 19..........

(To be signed by the applicant, whose address in Éire must be given.)

Note 1.—A description from the ordnance map must be given. A city or town in a County is part of the County. The plan annexed to the requisition should be drawn on a section of the ordnance sheet of the district.

Note 2.—It is to be noted that the search made in compliance with this Requisition will not include the ownership of land vested by the Land Commission in a purchaser in respect of which a Folio has not yet been opened (SeeSec. 17 (4)

Land Act, 1927

, Sec. 31 (3)

Land Act, 1931

, and Sec. 48

Land Act, 1933

).

Form 10.

CERTIFICATE OF RESULT OF OFFICIAL SEARCH IN NAMES INDEX (RULE 42 (3)).

LAND REGISTRY.

After diligent search made in the Names Index for the County........................ against the name of........................................... I certify that at the date of this Certificate no ownership of property in that name appears on the said Index except those in the Folios of the Register specified in the Schedule hereto.

Dated this..........day of.........................................19..........

N.B.—It is to be noted that this Certificate does not include the ownership of land vested by the Land Commission in a purchaser in respect of which a Folio has not at the date of this Certificate been opened (see Sec. 17 (4)

Land Act, 1927

, Sec. 31 (3)

Land Act, 1931

, and Sec. 48

Land Act, 1933

) ; nor does it necessarily include the ownership of property arising under any document lodged in this Registry and not at the date of this Certificate entered on a Folio of the Register.

SCHEDULE ABOVE REFERRED TO

Folio No. of the Register

Name of the Registered Owner

Address and description of the Registered Owner on the Folio

Form 11.

CERTIFICATE OF RESULT OF SEARCH FOR THE REGISTRATION OF THE OWNERSHIP OF SPECIFIED PROPERTY (RULE 42 (3)).

LAND REGISTRY.

After diligent search in the Registry Map for the County of.............................. I certify that the ownership of........................................ shown on the annexed plan is registered in Folio....................of the Register, County .................................... (or), [that the ownership of a leasehold estate in (or), a rent charge out of.............................. shown in the annexed plan is registered in Folio.................... of the Register, County....................................](or) that (a) it does not appear from the map that the ownership of...................................... shown on the annexed plan (or) [of any leasehold estate therein, or of any right therein entered in a subsidiary Register] has been registered.

Dated the.......... day of.................................., 19..........

N.B.—It is to be noted that this Certificate does not include the ownership of land vested by the Land Commission in a purchaser in respect of which a Folio has not at the date of this Certificate been opened (see Sec. 17 (4)

Land Act, 1927

, Sec. 31 (3)

Land Act, 1931

, and Sec. 48

Land Act, 1933

).

(a) Until the destroyed Registry Map has been completely reconstructed any Certificate of no registration given will be qualified by these words.

6. Our addresses in Éire for service of notices and our descriptions are :—

.....................................................

.....................................................

.....................................................

(Signature of Deponents.)

Sworn the............day of................... at........................................in the County of........................................ before me, a Commissioner for Oaths [or other qualified person] and I know the Deponents [or I know X. Y. who certifies his knowledge of Deponents.]

............................................................ ..........................

I, X. Y. hereby certify that I know the Deponents.

(Signature)

Commissioner for Oaths, (or other qualification).

............................................................ ...........................

(Signature)

(FIRST) SCHEDULE (when necessary).

(SECOND) SCHEDULE (when necessary).

Particulars of all burdens created by the Will that rank in priority to the trusts on which applicants hold

Name of claimant in the Will

Form 6.

APPLICATION FOR REGISTRATION BY A PERSON WHO CLAIMS TO BE BENEFICIALLY ENTITLED TO THE PROPERTY OF AN INTESTATE OWNER THAT HAS VESTED IN HIM AS THE PERSONAL REPRESENTATIVE OF THE INTESTATE WHERE THE OTHER PERSONS BENEFICIALLY ENTITLED TO THE SAID PROPERTY RELEASE THEIR CLAIMS IN FAVOUR OF SUCH PERSONAL REPRESENTATIVE, ADMINISTRATION HAVING BEEN COMPLETED (RULE 31).

LAND REGISTRY.

County Folio

To the Registrar of Titles.

I, ................................................. of....................................................... make oath and say :—

7. The debts and the funeral and testamentary (or) [administration] expenses of the said C.D. have been paid or discharged.

8. I apply to be registered as owner of the property pursuant to the said Order of................day of................................19...., referred to in paragraph 3 hereof subject to the burdens to the registration of which I have herein concurred.

(Signature of Deponent)

Sworn the................day of........................at....................................................in the County of.......................................before me, a Commissioner for Oaths [ or other qualified person] and I know the Deponent [ or I know X. Y. who certifies his knowledge of Deponent.]

............................................................ ..........................

I, X. Y. hereby certify that I know the Deponent.

(Signature)

Commissioner for Oaths, (or other qualification).

............................................................ ..............................

(Signature)

SCHEDULE.

Name of claimant under the Will or intestacy. If an infant or of unsound mind, state the fact, and name of Guardian or Committee.

If owner died testate the estate, burden or right of claimant under the Will. If owner died intestate the relationship of claimant to owner.

Address of claimant in Éire, or, if an infant or of unsound mind, of his Guardian or Committee.

FIRST PART. (a).

SECOND PART.

(a) This Schedule is only to be divided into parts when some of the burdens have been discharged and some subsist, the First Part to show subsisting rights or burdens, and the Second Part to show burdens or rights which are not subsisting.

Form 2.

APPLICATION FOR COMPENSATION OUT OF THE CENTRAL FUND UNDER SECTION 22,

REGISTRATION OF TITLE ACT, 1942

(RULE 7).

LAND REGISTRY.

County Folio

34. When the ownership of property has been registered under the Act for 30 years the Registrar may cancel a notice of equities appearing in the Register of such property,

(a) on an application of the registered owner, or of his personal representative, or of the solicitor for the registered owner, or his personal representative, or any other person whose right, equity, or interest is protected by the notice of equities, by an affidavit to the effect of Form II in the Schedule of Forms annexed to the Land Registration Rules, 1937, with such modifications as the nature of the case may require.

The application shall be accompanied by—

(i) A certificate by a practising solicitor that he has investigated the title to the property on behalf of the applicant, and that the averments in the applicant's affidavit are true.

(ii) A copy of the purchase agreement (if any) filed in the Land Commission, and certified by the Keeper of Records, with a copy of the fiat (if any) vesting the property in the purchasing tenant endorsed thereon.

If it appears from such purchase agreement or vesting order that any sub-tenancies affected the holding, it must be shown in the applicant's affidavit how such sub-tenancieswere determined, unless it is admitted that they are subsisting tenancies, and the names and addresses of all sub-tenants stated to be in occupation of the land or any part thereof, and of persons whose tenancies are stated to have determined, or their representatives, shall be stated in the affidavit.

(b) On any application for registration of the ownership, when he is satisfied from the entries in the Register or otherwise that no right, equity, or interest, subsisting or capable of arising at the date of the first registration of ownership, and protected by the notice, subsists at the time of the application.

21 Amendment of Rule 56 (2).

21.

Clause (2) of Rule 56 is hereby amended so as to read as follows

Except as herein provided, an application or instrument with the proper Revenue Stamp impressed thereon, and accompanied by the Registry fee stamp for the registration applied for, may be received for registration.

22 Additional sub-rule to Rule 56.

22.

The following sub-rule is hereby prescribed as an addition to Rule 56 :—

(4) If the land certificate, certificate of charge, or other certificate of title is not lodged with the instrument or application it must be produced at the Registry, or an order for its production applied for under Rule 37, post, within 14 days from the date of the lodgment of the instrument or application, and the registration applied for shall not be effected until such certificate is produced.

23 Amendment of Rule 57.

23.

—(a) Rule 57 is hereby rescinded and the following rule is hereby prescribed in lieu thereof :—

Every application or instrument sent to or lodged in the Registry shall be accompanied by the prescribed registration fee.

(b) The form of undertaking to pay fees when assessed, contained in paragraph 2 of Form 17 of the Schedule of Forms to the Land Registration Rules, 1937, is hereby deleted.

24 Rescission of Rule 67 (2).

24.

Clause (2) Rule 67 is hereby rescinded.

25 Amendment of Rule 69.

25.

Rule 69 is hereby rescinded and the following Rule is hereby prescribed in lieu thereof :—

69. A transfer of part of a holding subject to a statutory restriction against sub-division in a Purchase of Land (Ireland) Act shall, when presented for registration, be accompanied by : —

(a) The consent of the Land Commission to the sub-division created by the transfer.

(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 condition in the consent of the compliance with which the Land Commission must be satisfied.

(ii) the consent of the transferor to the consolidation of the part of the holding retained with any other lands of which he is registered owner, if such consolidation is required by the Land Commission.

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

26 Amendment of Rule 79 (1).

26.

Clause (1) of Rule 79 is hereby amended so as to read as follows

(1) The notice of an application for registration in defeasance of the estate of a registered owner referred to in Section 39 of the Registration of Title Act, 1891, shall not be given when his estate 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.

27 Amendment of Rule 85.

27.

Rule 85 is hereby amended so as to read as follows : —

85. 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 24

of the

Labourers Act, 1936

, in defeasance of the estate of its registered owner, shall be made on an application by the solicitor for the Local Authority in Form 33, with such modifications in the case of the last-mentioned section as may be required. No evidence, other than the certificate therein contained, shall be required of the possession of the property by the Local Authority.

28 Amendment of Rule 88 (3).

28.

Clause (3) of Rule 88 is hereby rescinded and the following clause is hereby prescribed in lieu thereof :—

(3) On the registration of the personal representative an inhibition to the effect of Form 4 in the Schedule of Forms annexed to these Rules shall be entered in the Register in which his ownership appears when it appears that there are persons having beneficial interests in the property, other than the personal representative.

29 Additional sub-rule to Rule 88.

29.

The following sub-rule is hereby prescribed as an addition to Rule 88, viz. :—

88.—(4) Nothing in this rule shall be construed as in any way restricting the right of a personal representative, without being registered for the the purposes of administration, to transfer the property on a sale, to assent to a devise thereof, or to transfer such property to the person entitled on an intestacy, or to charge the property.

30 Amendment of Rule 89 (3).

30.

Clause (3) of Rule 89 is hereby amended so as to read as follows :—

(3) An application by a sole devisee for registration as owner of property that has vested in him as the sole personal representative of the testator, or by two or more devisees, who are his personal representatives, or for cancellation of the inhibition entered on his or their registration as personal representatives under Rule 88, shall be in Form 39 in the Schedule of Forms annexed to the Land Registration Rules, 1937, or Form 5 in the Schedule of Forms annexed to these Rules, as the nature of the case may require.

31 Additional sub-rule to Rule 92.

31.

The following sub-rule is hereby prescribed as an addition to Rule 92 :—

An application by a person who claims to be beneficially entitled to the property of an intestate full owner that has vested in him as personal representative of such owner, for registration as owner, where all other persons beneficially entitled to the said property release their claims thereto in favour of such personal representative, shall be in Form 6 in the Schedule of Forms annexed to these Rules. If the applicant has been registered as owner of the property for the purposes of administration under Rule 88 of the Land Registration Rules, 1937, and all such claims as aforesaid have been released, no application for the cancellation of the inhibition entered on such registration shall be necessary, but the deed or deeds of release shall be lodged in the Registry, and thereupon such inhibition shall be cancelled.

32 Amendment of Rule 93 (iii).

32.

Paragraph (iii) of Rule 93 is hereby amended so as to read as follows :—

(iii) 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 for the protection of which the applicant has not applied for the entry of an inhibition.

33 Additional sub-paragraph to paragraph (iv) of Rule 100 (i).

33.

The following sub-paragraph is hereby added to paragraph (iv) of Clause (1) of Rule 100 :—

(d) Any right or charge capable of being registered as a burden created by a registered owner of property, or his personalrepresentative, or an applicant for registration as owner of registered property, or a predecessor in title of such applicant, to the registration of which as a burden such registered owner, personal representative, or applicant omits or refuses to assent, if, after service of notice on him in Form 7 in the Schedule of Forms annexed to these Rules, no objection be received within the time limited by the notice.

34 Additional sub-rules to Rule 106.

34.

The following sub-rules are hereby prescribed as an addition to Rule 106, viz. :—

106 (a) If 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 of title, 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.

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

(c) In default of a claim by the person having custody of the certificate of title that such lien ranks in priority to the burden, or 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 an order of the Court.

35 Amendment of Rule 109 (2).

35.

Clause (2) of Rule 109 is hereby amended by substituting the figures " 54 " for " 53 " in the Rule.

36 Amendment of Rule 160 (1).

36.

Clause (iv) of paragraph (1) of Rule 160 is hereby amended so as to read as follows, viz. :—

(iv) a rectification under Section 34 (2) of the Registration of Title Act, 1891, of an official error in the Register of the property to which it relates.

37 Amendment of Rule 162.

37.

Rule 162 is hereby amended so as to read as follows :—

162—(1) An application to the Registrar under Section 81 (2) of the Act for an order for the production of a certificate of title shall be in Form 78 in the Schedule of Forms annexed to the Land Registration Rules, 1937, 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) If the person having the custody of the certificate claims that the dealing cannot be registered without his consent, then 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, and if 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 £2, 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 (if the Registrar refuses to make an order for production of the certificate),

(b) the applicant for such order.

38 Rescission of Rules 187 to 190 inclusive) and substituted Rules lieu thereof.

38.

Rules 187 to 190 (inclusive) are hereby rescinded, and the following Rules 39 to 41 (inclusive) are hereby prescribed in lieu thereof.

39 Persons entitled to inspect documents.

39.

The undermentioned persons but no other person may inspect a document filed in the Registry on a dealing or transaction with the property of the owner—

(i) The registered owner of the property.

(ii) Any person authorised in writing by such owner.

(iii) The personal representative of a registered full owner of property that vests on his death in his personal representative.

(iv) Persons claiming to be entitled under the will or intestacy of a registered full owner of property.

(v) A person entitled on the cesser of the estate of a registered limited owner under a settlement, or the trustees of such settlement.

(vi) A creditor of the registered owner.

(vii) Any other person who satisfies the Registrar that he has such an interest as would entitle him by law to an inspection of documents filed in the Registry.

40 Registrar may refuse to allow inspection if not satisfied as to right to inspect.

40.

If the Registrar is not satisfied that a person claiming inspection as entitled thereto under the preceding rule he may refuse to permit such inspection except in pursuance of an order of the Court.

41 Person entitled to inspect, may obtain copy of document.

41.

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

42 Official Searches.

42.

Rule 192 and the Forms 83, 84, 85 and 86 thereby prescribed are hereby rescinded and the following Rule and Forms respectively are hereby prescribed in lieu thereof :—

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

(i) 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.

(ii) Whether the ownership of a parcel of land, to be identified by a plan drawn on a section of an Ordnance Sheet, is entered in the Register of Freeholders, or whether the ownership of any leasehold estate, or right in or to the parcel is entered in the Register of Leaseholders or a Register of subsidiary interests.

(2) The requisition for the search shall be in Form 8 or 9 in the Schedule of Forms annexed to these Rules as the case may require.

(3) The Certificate of the result of the search shall be to the effect of Form 10 or 11 in the Schedule of Forms annexed to these Rules, as the case may require.

43 Amendment of Rule 242 (I) (a) (I).

43.

Clause (i) (a) of Paragraph (1) of Rule 242 shall be amended so as to read as follows :—

(a) The remuneration of the Vendor's or Mortgagor's Solicitor shall be the charges on the scale in Part I of Schedule I to said Order provided such title shall have been shown as would enable the purchaser or mortgagee to have the notice cancelled in the Register.

Form 1.

APPLICATION FOR REGISTRATION BY A PERSON WHO CLAIMS TO BE REGISTERED UNDER

SECTION 21

of THE

REGISTRATION OF TITLE ACT, 1942

, AS OWNER OF REGISTERED LAND TO WHICH PART IV OF THE PRINCIPAL ACT APPLIES, IN SUCCESSION TO A DECEASED FULL OWNER WHERE SIX YEARS HAVE ELAPSED SINCE THE DEATH OF THE DECEASED FULL OWNER AND THE PERSONAL REPRESENTATIVES OF SUCH OWNER ARE DEAD OR OUT OF THE JURISDICTION (RULE 3).

LAND REGISTRY.

County Folio

To the Registrar of Titles,

I, A................. B.................... of ................. in the County of Make Oath and say

STATUTORY RULES AND ORDERS. 1944. No. 89.

LAND REGISTRATION RULES, 1944.

The Registration of Title Rules Committee, in exercise of its power in Section 94 (1) of the Registration of Title Act, 1891, as amended by

Section 73

of the

Courts of Justice Act, 1936

, and of every other power in this behalf, with the concurrence of the Minister for Justice, hereby makes the Rules annexed hereto as General Rules, supplemental to the Land Registration Rules, 1937, for carrying into effect the object of the Registration of Title Acts, 1891 and 1942.

Dated this 23rd day of March, 1944.

MARTIN C. MAGUIRE,

Judge of the High Court.

I. J. KELLY.

HENRY P. MAYNE.

J. M. O'BYRNE.

I concur in the making of the Rules annexed hereto.

GERALD BOLAND,

Minister for Justice

CONTENTS.

Subject Matter.

Rule

PRELIMINARY.

Date of Rules.

1

Interpretation.

2

PART I.

Application for Registration of a successor of a deceased full owner of property pursuant to an Order under

Section 21

of the

Registration of Title Act, 1942

.

Registration pursuant to Sec. 21 of the

Registration of Title Act, 1942

.

3

Registration of Burdens pursuant to order under Sec. 21 of

Registration of Title Act, 1942

.

4

PART II.

Compensation payable out of the Central Fund (See. 22,

Registration of Title Act, 1942

).

Rescission of Rules 214 to 231, (inclusive), of Land Registration Rules, 1937.

5

Compensation to be determined by Registrar.

6

To whom application for compensation to be made.

7

Contents of Application.

8

Service of Application on parties interested.

9

Notice to admit or dispute claim to be given by the Minister.

10

If claim admitted, order allowing compensation to be made.

11

Procedure on application for compensation if claim is disputed.

12

Hearing and determination of claim by Registrar.

13

PART III.

Miscellaneous.

PRIORITY OF BURDENS IN INSTRUMENT.

Instrument creating two or more Burdens to show priorities thereof.

14

Note of issue of certificate of title to be entered in the Register.

15

REGISTRATION OF A NEW TRUSTEE OF A FRIENDLY SOCIETY.

Entry of name of new trustee of a Friendly Society in the Register.

16

Subject matter.

Rule

PART IV.

Miscellaneous Amendments of the Land Registration Rules, 1937.

Amendment of Rule 19 (3).

17

Rescission of Rule 21 (3).

18

Rescission of Rule 22 (3).

19

Amendment of Rule 34.

20

Amendment of Rule 56 (2).

21

Addition to Rule 56.

22

Amendment of Rule 57.

23

Rescission of Rule 67 (2).

24

Amendment of Rule 69.

25

Amendment of Rule 79 (1).

26

Amendment of Rule 85.

27

Amendment of Rule 88 (3).

28

Additional sub-rule to Rule 88.

29

Amendment of Rule 89 (3).

30

Additional sub-rule to Rule 92.

31

Amendment of Rule 93 (iii).

32

Additional sub-paragraph to paragraph (IV) of Rule 100 (1).

33

Additional sub-rules to Rule 106.

34

Amendment of Rule 109 (2).

35

Amendment of Rule 160 (1).

36

Amendment of Rule 162.

37

Rescission of Rules 187 to 190 (inclusive), and substituted Rules in lieu thereof.

38

Persons entitled to inspect documents.

39

Registrar may refuse to allow inspection if not satisfied as to right to inspect.

40

Person entitled to inspect may obtain copy of document.

41

Official Searches.

42

Amendment of Rule 242 (1) (a) (i).

43

SCHEDULE OF FORMS.

Subject Matter.

No. of Form

Application for registration by a person who claims to be registered under

Section 21

of the

Registration of Title Act, 1942

, as owner of registered land to which Part IV of the Act of 1891 applies, in succession to a deceased full owner, where six years have elapsed since the death of the deceased full owner, and the personal representatives of such full owner are dead, or out of the jurisdiction.

1

Application for compensation out of the Central Fund under

Section 22

of the

Registration of Title Act, 1942

.

2

Notice of the hearing of a claim for compensation under

Section 22

of the

Registration of Title Act, 1942

.

3

Form of Inhibition (Rule 28).

4

Application by two or more executors to whom property is devised upon trust for sale or other trusts requiring their registration.

5

Application for registration by a person who claims to be beneficially entitled to the property of an intestate owner, that has vested in him as the personal representative of the intestate, where the other persons beneficially entitled to the said property release their claims in favour of such personal representative, administration having been completed.

6

Notice to a registered owner of property or to an applicant for registration as owner of registered property of application to register a Burden.

7

Requisition for official search in the Names Index.

8

Requisition for official search for the registration of the ownership of a specified parcel of land, or of any leasehold estate or right therein, registered in the registers of leaseholders or of subsidiary interests.

9

Certificate of result of official search in Names Index.

10

Certificate of result of search for the registration of the ownership of specified property.

11

PRELIMINARY.

1 Date of Rules.

1.

These Rules shall come into operation on the 1st day of June, 1944, and may be cited as the Land Registration Rules, 1944.

2 Interpretation.

2.

These Rules and the Land Registration Rules, 1937, shall be construed together, and the provisions of Rule 2 (1) and (2) of the Land Registration Rules, 1937, shall apply for the purpose of the interpretation of these Rules.

PART I. Application for Registration of a Successor of a deceased full owner of property pursuant to an Order of the Court under

Section 21

of the

Registration of Title Act, 1942

.

3 Registration pursuant to Sec. 21 of

Registration of Title Act, 1942

.

3.

—(1) An Application for registration pursuant to an Order of the Court under

Section 21

of the

Registration of Title Act, 1942

, by a person claiming to be registered as owner of freehold registered land to which Part IV of the Act of 1891 applies, in succession to a deceased full owner of such land, shall be made in Form 1 in the Schedule of Forms annexed to these Rules.

(2) The application shall be lodged in the Registry, and shall be accompanied by a certified copy of the Order of the Court under said Section, together with the prescribed fees on transmission on death, for the purpose of registering the applicant as owner pursuant to such Order.

4 Registration of burdens pursuant to Order under Sec. 21.

4.

On the registration of a person claiming to be registered as owner pursuant to an Order under

Section 21

of the

Registration of Title Act, 1942

, the several burdens (if any) directed by such Order to be entered in the Register shall be entered in the Register in which his ownership appears.

PART II. Compensation payable out of the Central Fund (Section 22,

Registration of Title Act, 1942

).

5 Rescission of Rules 214 to 231 (inclusive) of Land Registration Rules, 1937.

5.

Rules 214 to 231 (inclusive) of the Land Registration Rules, 1937, are rescinded as from the 31st day of May, 1944.

6 Compensation to be determined by Registrar.

6.

The compensation out of the. Central Fund payable to any person under

Section 22

of the

Registration of Title Act, 1942

, shall be determined by the Registrar, and such determination shall be final, unless either the Minister for Finance, or the claimant is dissatisfied with that determination, in which case either party may appeal, in the prescribed manner, to the Court.

7 To whom application for compensation to be made.

7.

Every application for compensation out of the Central Fund shall be made in writing to the Registrar in accordance with Form 2 in the Schedule of Forms annexed to these Rules, and shall be accompanied by two copies thereof.

8 Contents of Application.

8.

Every such application shall be signed by the claimant, or his solicitor, and shall contain :—

(i) Particulars of the property for the loss of which compensation is claimed,

(ii) Particulars of the error, or of the forgery or fraud, on which the claim is based,

(iii) Particulars of the loss,

(iv) An address in Éire 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, and shall be filed in the Registry.

9 Service of application on parties interested.

9.

On the filing of the 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 persons (if any) as may appear to the Registrar to be interested in the application.

10 Notice to admit or dispute claim to be given by the Minister.

10.

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, the claim, or to dispute such claim.

11 If claim admitted, order allowing compensation to be made.

11.

In the event of the Minister for Finance,

(a) admitting the claim, or

(b) admitting part only of the claim and the claimant being 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.

12 Procedure on application for compensation if claim is disputed.

12.

In the event of the Minister for Finance disputing the claim for compensation, or of the applicant not being satisfied to accept in full satisfaction a part of the claim admitted by the Minister for Finance, the Registrar, on receipt of a notice from him to that effect, shall serve notice 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.

The Notice shall be in Form 3 in the Schedule annexed to these Rules.

13 Hearing and determination of Claim by Registrar.

13.

—(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 thereupon 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 (as the case may be), and the order shall direct by what party 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 (if he is represented by a solicitor).

PART III. Miscellaneous.

PRIORITY OF BURDENS IN INSTRUMENTS.

14 Instrument creating two or more burdens to show the priorities thereof.

14.

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

ISSUE OF LAND CERTIFICATE TO PERSON ENTITLED.

15 Note of issue of certificate of title to be entered in the Register.

15.

Whenever a land certificate or certificate of title 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.

REGISTRATION OF A NEW TRUSTEE OF A FRIENDLY SOCIETY.

16 Entry of name of new trustee of a Friendly Society in the Register.

16.

—(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 at the Registry of a copy of the Resolution passed pursuant to 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.

PART IV. Miscellaneous Amendments of the Land Registration Rules, 1937.

17 Amendment of Rule 19 (3).

17.

Clause (3) of Rule 19 is hereby amended so as to read as follows :—

(3) Subject to the foregoing, every title to property the subject of an application under Rule 15, shall be examined by or under the supervision of the Registrar, who shall direct such searches, advertisements, notices and inquiries, as he may deem necessary. On the examination he may accept a title that is in his opinion a good holding title, subject to the payment of such additional fee (if any) as he may fix, or may extend the examination in such manner as the circumstances of the 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.

18 Rescission of Rule 21 (3).

18.

Clause (3) of Rule 21 is hereby rescinded.

19 Rescission of Rule 22 (3).

19.

Clause (3) of Rule 22 is hereby rescinded.

20 Amendment of Rule 34.

20.

Rule 34 is hereby amended so as to read as follows :—