S.I. No. 326/2008 - Land Registration Rules 2008

1. (1) These Rules may be cited as the Land Registration Rules, 2008.

(2) These Rules and the Land Registration Rules 1972 to 2007 may be cited together as the Land Registration Rules 1972 to 2008.

(3) These Rules and the Land Registration Rules 1972 to 2007 shall be construed together as one.

2. These Rules shall come into operation on the 1st day of September 2008.

Electronic Cancellation.

3. An application for the cancellation of the entry of a charge may be made to the Authority by electronic means where the Authority is satisfied that appropriate arrangements are in place for effecting such application. The application shall be in the form set out hereunder.

Application in electronic form for cancellation of the entry of a charge (Rule3)

I hereby apply for cancellation of the entry/entries set out in the Schedule hereunder. I hereby certify that I am duly authorised to make such application. I certify that any certificate(

s

) of charge that exist(

s

) in relation to the above charge(

s

) will not be used as negotiable instruments.

Applicant

(Name of duly authorised officer)

Date

Schedule

Description of Charge(

s

) to be discharged must include Folio Number(

s

) and Entry Number(

s

).

4. Rule 162 of the Land Registration Rules 1972 is amended by the insertion of the following as subrule (3)

“(3) Production of a certificate of charge shall not be required for an application in electronic form for cancellation of the entry of a charge.”

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 powers conferred on us by

section 126

of the

Registration of Title Act, 1964

, as amended by

section 72

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 21st day of July, 2008.

MARY LAFFOY, Judge of the High Court.

GERARD McCAUGHEY, Chairman of the Property Registration Authority.

CATHERINE TREACY, Chief Executive of the Property Registration Authority.

JAMES DWYER, Senior Counsel.

OWEN M. BINCHY, Solicitor.

GIVEN under my Official Seal,

12 August 2008

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, which come into effect on the 1st day of September 2008, provide for the application in electronic form for cancellation of a registered charge and for the amendment of Rule 162 of the Land Registration Rules, 1972.

I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by

section 126

of the

Registration of Title Act, 1964

, as amended by

section 72

of the

Registration of Deeds and Title Act 2006

, hereby concur in the making of the foregoing Rules.

S.I. No. 326 of 2008

LAND REGISTRATION RULES 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

19

th August

, 2008.