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

1. Name, Address and Description of the Registered Owner(

s

)

2. Townland, Barony and County, or Parish and Town, or City in which the lands are situate

COUNTY

3. Folio Number of the Register in which the ownership appears

For Official Use Only

REGISTRATION made BY: ...........................DATE: ...............................................SERIAL NUMBER .......................................................................................................

Form 11

REGISTRY OF DEEDS

Requisition for an official search against names of Grantors (Rule 19)

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

To the Property Registration Authority

I require to be furnished with a certificate of all acts or deeds registered by reference to names of Grantors only, by—

Search against each person as follows

(Tick box if appropriate)

Omit leases

Omit general charges

Omit Releases

Omit other (specify)

NAMES

DATES

1................................................................

FROM:TO

2................................................................

FROM:TO

3................................................................

FROM:TO

4................................................................

FROM:TO

AFFECTING—

(Please insert former (if any) and present description of premises i.e. Townland, Barony, Street, Parish, District, Site Nos, and County etc.)

DATE

SIGNED

POSTAL ADDRESS of Lodging Party

To:The Registry of DeedsHenrietta StreetDublin 1.

Form 12

REGISTRY OF DEEDS

Certificate of result of official search (Rule 19)

(Please note that this form will be printed in Landscape format)

After diligent search made on foot of the details in the application form (Form 11) bearing Application No. (copy attached) I certify at the date of this certificate that no entry appears except as set out in the Schedule hereto.

Date

Signed by .......................................... duly authorised officer.

Schedule

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 19th day of February, 2008.

Mary Laffoy, Judge of the High Court

Gerard McCaughey, Chairperson of the Property Registration Authority

Catherine Treacy, Chief Executive of the Property Registration Authority

James Dwyer, Senior Counsel

Owen M. Binchy, Solicitor

I, BRIAN LENIHAN, 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,

29 February 2008

BRIAN LENIHAN

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 May 2008, provide general rules for the Registry of Deeds in accordance with

Section 48

of the

Registration of Deeds and Title Act 2006

.

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

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

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

1

Forename

Surname

2

Forename

Surname

3

Forename

Surname

4

(Use additional sheet for further GRANTORS if necessary)

Name all Grantee(

s

)

Forename

Surname

1

Forename

Surname

2

Forename

Surname

3

Forename

Surname

4

(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)

Situate in TOWN: ...............................................

TOWNLAND

PARISH: ..............................................................

BARONY

CITY

COUNTY

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]

Lease date

Lessor

Lessee

Term

Commencement date

Rent

Registry of Deeds reference

For Official Use Only

REGISTRATION made BY: ................................ DATE: ...................................................

SERIAL NUMBER ...................................................................................................................

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

AB

of

make oath and say as follows

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

4

th March

, 2008.

Commencement