S.I. No. 219/1978 - Landlord and Tenant (Ground Rents) (No. 2) Act, 1978, Regulations, 1978.

1. I,

Solicitor/Barrister

of

hereby certify that I have investigated the title to the property set out in the First Schedule hereto, other than the title to the Lease specified therein.

2. As a result of my investigations of the title, I certify that the fee simple (or superior leasehold interest) in the said property is/was vested in

of

free from any adverse rights, restrictive covenants or encumbrances, save the said Lease (or subject as set out in the Second Schedule hereto).

Dated this day of , 19 .

SIGNATURE

FIRST SCHEDULE

The property known as

situate

demised by Lease dated and made between

and for a term of years at the yearly rent of

SECOND SCHEDULE

GIVEN under my Official Seal, this 27th day of July, 1978.

GERARD COLLINS,

Minister for Justice.

EXPLANATORY NOTE.

These Regulations prescribe for the purpose of the vesting of the fee simple in dwellinghouses under Part III of the

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

—

(

a

) the forms in which registers of awards are to be kept by the Registrar of Titles under

section 21

(1) of the

Landlord and Tenant (Ground Rents) Act, 1967

, as applied by section 21 (4) of the Act of 1978;

(

b

) the places and times at which such registers are to be made available to the public;

(

c

) the forms of application for a vesting of the fee simple;

(

d

) the form of consent to such vesting;

(

e

) the form of notice of intention to apply for a vesting on arbitration;

(

f

) the forms of a vesting certificate;

(

g

) a form of certificate as to title;

(

h

) other matters incidental to Part III of the Act of 1978.

3. Part of lands excluded (if any)

(Note

(

d

))

Take notice that I/we

of

being a person(s) entitled under Part II of the above Act propose to apply, after 21 days from the date hereof, to the Registrar of Titles to vest in me/us under section 22 of the said Act the fee simple in the property set out on paragraph 1 hereof.

Dated this day of , 19

(Name)

(Address)

NOTES

(

a

) Section 21(1) provides that a person who claims to be entitled to acquire the fee simple shall serve notice of his application upon the immediate lessor. Notice may be served upon the person to whom the applicant pays his rent at the place at or to which he pays or sends such rent. If notice is being served by post, same should be by registered post.

(

b

) Sufficient particulars should be given to identify the property.

(

c

) State amount of rent and whether the land is held on a yearly tenancy or under a lease. If the land is held under a lease, state the date of the lease, the duration of the term and the parties to the lease.

(

d

) This need only be completed where the property includes land which is not covered by the permanent buildings and which is not wholly subsidiary and ancillary to such buildings. Such land must be excluded from the purchase under the Act (Section 14) and should if necessary be identified on a map.

FORM E

LAND REGISTRY

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978

VESTING CERTIFICATE

Whereas

of

has duly made an application under

section 20

of the

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

, in respect of the property specified in Part I of the Schedule hereto

Now therefore the Registrar of Titles in exercise of the powers conferred on him by section 22 of that Act hereby vests the fee simple in the said property in the applicant free from incumbrances and any intermediate interests.

The name and address of every party who prior to the making of this Certificate had a superior interest in the said property is set out in Part II of the Schedule hereto.

It is hereby certified that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds

SCHEDULE

PART I

PART II

Dated this day of , 19

FORM F

LAND REGISTRY

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978

VESTING CERTIFICATE

Whereas

of

has made an application under

section 21

of the

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

, in respect of the property specified in Part I of the Schedule hereto and whereas the Registrar of Titles is satisfied that the applicant is entitled to acquire the fee simple in the said property

Now therefore the Registrar of Titles in exercise of the powers conferred on him by section 22 of that Act hereby vests the fee simple in the said property in the applicant free from incumbrances and any intermediate interests.

The name and address of every party who prior to the making of this Certificate had a superior interest in the said property is set out in Part II of the Schedule hereto.

It is hereby certified that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds

SCHEDULE

PART I

PART II

Dated this day of , 19 .

FORM G

LAND REGISTRY

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978

CERTIFICATE OF TITLE

4. I/We certify that the annual rent has been paid.

5. I/We hereby consent to the vesting in said

of the fee simple in the property specified in the First Schedule hereto by the Registrar of Titles.

Signed

Witness

FIRST SCHEDULE

SECOND SCHEDULE

FAILURE BY A PERSON TO GIVE A CONSENT MAY RESULT IN ARBITRATION COSTS BEING AWARDED AGAINST HIM. AN EXPLANATORY LEAFLET IS AVAILABLE ON REQUEST FROM LAND REGISTRY, NASSAU BUILDING, SETANTA CENTRE, NASSAU ST., DUBLIN, 2.

FORM D

LAND REGISTRY

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978

NOTICE OF INTENTION

Notice to immediate lessor of intention to apply for the fee simple pursuant to

section 21

(1) of the

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

. (

Note (a

)).

To

of

6. I/We enclose herewith receipt for the rent due on the last gale day.

7. I/We enclose herewith the title documents specified in the Second Schedule hereto.

8. I/We hereby apply to the Registrar of Titles under section 21 of the Act of 1978 to have the fee simple in the property described in the First Schedule hereto vested in me/us under the said Act.

FIRST SCHEDULE (

Note (c

)).

The property known as situate held by me/us (under a Lease dated made between and for a term of years)

(Note (a

)) at the yearly rent of . (The said Lease is registered as a burden on Folio of the Register of Freehold land in the County of . The title to the said Lease is registered on Folio of the Register of leasehold interests in the County of ).

SECOND SCHEDULE

To

The Registrar of Titles

NOTES

a

) Delete if inapplicable.

(

b

) Delete if inapplicable and insert reason for application for arbitration.

(

c

) Sufficient particulars should be given to identify the property including particulars of the tenancy under which it is held e.g., location and whether the property is held under a yearly tenancy or a lease. The rent should also be stated and particulars of any lease given.

Where the property demised by the lease includes land which is not covered by the permanent buildings and which is not wholly subsidiary and ancillary to such buildings, such land must be excluded from the description and may if necessary be identified on a map.

FORM C

LAND REGISTRY

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978

CONSENT

Consent by a person, who would be a necessary party to a covneyance of the fee simple free from incumbrances, to the vesting of the said fee simple by the Registrar of Titles under section 22 (1) of the above Act.

9. Where the fee simple interest is not registered, the Registrar, for the purposes of registration in the Registry of Deeds, may accept a duplicate of the vesting certificate as a memorial.

10. Where, in the case of an application for a vesting certificate, a death, transmission or change of interest occurs before vesting is effected, the proceedings shall not abate, but may be continued by and in the name of any person who is personal representative or successor in title of the applicant.

11. (1) An affidavit or statutory declaration for the purpose of any proceedings in the Registry may be sworn or taken before any officer of the Registry duly authorised by the Minister for Justice, any person authorised by law to administer oaths or, in the case of statutory declarations, any person authorised by law to take and receive such declarations.

(2) An affidavit for use in the Registry shall comply generally with the provisions relative to form, jurat, interlineations, alterations and erasures in the Rules of the Superior Courts concerning affidavits for use in the High Court.

12. (1) Every notice issued from or sent by the Registry (except notices of the receipt of applications or of completion of same or formal notices of a like description) shall fix a time within which any act or step required to be done or taken by the notice is to be done or taken and shall state what shall be the consequence of any omission to comply therewith.

(2) The notice shall also state in what manner and within what time an answer, objection or other communication, if any, arising out of the notice is to be made and the address at or to which it is to be delivered or sent.

(3) The arbitrator may, in any particular case, either before or after any notice period expires, extend such notice period upon such terms as he thinks proper.

13. In an arbitration, the arbitrator may give notice to all persons interested to attend before him on a day and at a time to be stated in the notice for the consideration of the matter.

FIRST SCHEDULE.

PART I.

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978

.

Register of arbitration awards in relation to price of fee simple.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

Ref. No.

Applicant

Whether lease or yearly tenancy (Note)

Immediate lessor

Superior lessor(s)

Description of Land

Amount of rent

Award: (a) Purchase price (b) Costs (c) Date of award

Note

: If lease, state date and length of term.

PART II.

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978

.

Register of arbitration awards in relation to matters other than price of fee simple.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

Ref. No.

Applicant

Whether lease or yearly tenancy (Note)

Immediate lessor

Superior lessor(s)

Description of Land

Amount of rent

Question for decision

Award and Date

Note

If lease, state date and length of term.

SECOND SCHEDULE.

FORM A

LAND REGISTRY

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978

APPLICATION FOR VESTING BY CONSENT

Application to the Registrar of Titles under

section 20

of the

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

, for the vesting in fee simple, pursuant to section 22 of the said Act (with the consent of every person who would be a party to a conveyance of the fee simple free from incumbrances) of the property described in the Schedule hereto.

County

I/We

of

declare

S.I. No. 219 of 1978.

LANDLORD AND TENANT (GROUND RENTS) (No. 2) ACT, 1978, REGULATIONS, 1978.

I, GERARD COLLINS, Minister for Justice, in exercise of the powers conferred on me by

section 5

of the

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

(No. 16 of 1978), hereby make the following Regulations