S.I. No. 389/2013 - Land Registration Rules 2013.

1. Details

2. Application by

3. Entitlement

I am entitled to inspect/obtain a copy of the Instrument / Document scheduled above under the provisions of Rule 159 of the Land Registration Rules as indicated below.

Please see attached guidelines

(Tick the section which is applicable)

□

I am the (personal representative of the) registered owner of the abovementioned folio (See Note 1)

□

I am the solicitor for the (personal representative of the) registered owner of the abovementioned folio (See Note 3)

□

I am authorised by the (personal representative of) registered owner of the abovementioned folio (See Note 2)

□

I am authorised by an order of the court

□

I am the registered owner of the charge(a copy of which is sought) registered on the abovementioned folio

□

I am the party entitled to the benefit of the burden (a copy of the deed creating which is sought) registered on the abovementioned folio

□

I was a party to the deed scheduled above, a copy of which is sought

□

I am a person who would be entitled to inspection of a document relating to property, if its ownership was not registered and the document was in the possession of the person by law entitled to the custody thereof

□

The judgment mortgage scheduled above (a copy of which is sought) remains uncancelled on the folio

□

The lis pendens scheduled above (a copy of which is sought) remains uncancelled on the folio

□

I am devisee/beneficiary under a will or intestacy of a former registered owner of the abovementioned folio or his/her successor in title

□

I lodged the instrument under Rule 130(5)

□

I am the owner of an unregistered servient tenement

□

I am entitled to the benefit of a right created by an instrument filed under Rule 130(5)

or

□

Under Rule 159(8) I apply to the Authority to permit me inspect the document on the following grounds

4. Application

(a)

Application by Solicitor

I/We the Solicitor for the registered owner(s) or his/her personal representative(s) requestto inspect □ the issue of a copy of □ the Instrument/Document scheduled at item 1 above to me/us.

Signed (by individual Solicitor)

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

Name of firm

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

Date

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

(b)

Application by Registered Owner/Personal Representative

I as □ registered owner or □ his/her personal representative request to inspect □ the issue of a copy of □ the Instrument/Document scheduled at item 1 above to me/us.

Signature of Registered Owner/Personal Representative

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

Signature of witness

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

Address of witness

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

Date

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

(c)

Application by other party (Please specify)

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

Signature of witness

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

Address of witness

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

Date

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

Note (1) — Where the applicant is the registered owner or his/her personal representative, the signature must be attested and evidence of identity and evidence of permanent address must be presented or lodged.

Note (2) — Where the application is by a party, other than a solicitor, acting with the authority of the registered owner, the application must contain an authority under signature of the registered owner and attested. Evidence of identity and evidence of permanent address of the applicant must be presented or lodged.

Note (3) — Where a solicitor is giving authority to another party e.g. law searcher or other party to receive a copy Instrument on their behalf, the application should state that (a) they are the solicitor for the registered owners and (b) to whom the copy instrument or part thereof is to issue.

Note (4) — The application must identify the instrument number and indicate whether access is being sought to

all

or a specific

part

of the instrument.

Note (5) — Any letter of authority must specify whether authorised access is to

all

of an instrument, a specific

deed(s)

or specific

parts

of the Instrument. The letter of authority should be an original.

Note (6) — Notice may be served on the registered owner if considered appropriate by the Authority.

Rule 159 Land Registration Rules — Inspection of documents

(1) The registered owner of property and any person authorised by such owner, or by an order of the court or by these Rules, but no other person, may inspect a document filed in the Registry on a dealing or transaction with the property of the owner.

(2) Any person who would be entitled to inspection of a document relating to property, if its ownership was not registered under the Act, and the document was in the possession of the person by law entitled to the custody thereof, shall be entitled to inspect the document, if filed in the Registry.

(3) An affidavit of judgment deposited in the Registry pursuant to the Judgment Mortgage Ireland Act, 1850, as amended by the Act, or an application for registration of a judgment mortgage under Rule 110 may be inspected by any person so long as notice of its deposit or the entry of the judgment mortgage is uncancelled in a register.

(4) A memorandum of a

lis pendens

, bond, recognisance or inquisition filed in the Registry may be inspected by any person so long as the entry relative to it remains uncancelled in a register.

(5) An application, assent, affidavit, or transfer, made by a personal representative of a deceased owner of property that vested in the personal representative may be inspected by a devisee or other person, except a creditor, having an interest in the property under the owners will, or, where the owner died intestate, by a person in whom a beneficial interest in the property devolved on the intestacy, or by a person who satisfies the Authority that he/she is the successor in title of one of such persons.

(6) An instrument filed in the Registry under Rule 130(5) may be inspected by the person by whom it was lodged or by any person who satisfies the Authority that he/she is entitled to the benefit of a right created by the instrument.

(7) An instrument filed in the Registry under Rule 46 may be inspected by any person who satisfies the Authority that he/she is the owner or person(s) entitled to be the owner of an unregistered servient tenement property, over which a right was registered as appurtenant to a dominant tenement property under Section 49A of the Act, on the production of such proofs as may be directed by the Authority.

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

(9) The Authority may, in special circumstances and on such terms as it shall think fit, permit a person to inspect, or obtain, a copy of a document filed in the Registry.

(10) An application to inspect or obtain a copy under this Rule shall be made in Form 96

(11) Before allowing inspection of a document by a person claiming under Rule 159, the Authority may make such inquiries and give such notices as it may think fit. Notice under this rule shall be in Form 97

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 and Equality, do hereby make the foregoing Rules.

Dated this day of September 2013.

MARY LAFFOY, Judge of the High Court

FRANK TREACY, Interim Chief Executive of the Property Registration Authority

JAMES DWYER, Senior Counsel

OWEN M. BINCHY, Solicitor

I, ALAN SHATTER, Minister for Justice and Equality, 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.

GIVEN under my Official Seal,

26 September 2013.

ALAN SHATTER,

Minister for Justice and Equality.

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 of November 2013, amend Rule 46 of the Land Registration Rules 2012 on the acquisition of easements and profits by prescription. They also amend the provisions for the registration of judgment mortgages pursuant to

Section 116

of the

Land and Conveyancing Law Reform Act 2009

, to specifically include judgments of the Supreme Court, provide for the registration of judgment mortgages in execution of judgments of the courts of Member States of the European Community with the exception of Denmark that are recognised and enforceable pursuant to the Brussels I Regulation or as a European Enforcement Order and for an amended Form 60 and new Forms 60A and 60B.

These Rules also amend Forms 3, 17, 37, 38, 39, 64, 84 and 96 in the Schedule of Forms of the Land Registration Rules 2012.

5. I apply for registration of the said judgment as a judgment mortgage on the said folio.

Signature of deponent.

Sworn this the day of , 20 , at , in the county of before me a Commissioner for Oaths (

or other qualified person

) and I know the deponent

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

(

or

, I know X.Y., who certifies his/her knowledge of the deponent).

Signature

Signature

Note — The Regulation (EC) No. 44/2001 of the European Parliament and Council, creating a European Enforcement Order for uncontested claims, that was transposed into Irish law by the European Communities (European Enforcement Order) Regulations 2005 (S.I. No. 648/2005) relates to uncontested judgments obtained in a member state of the European Communities other than Denmark.

FORM 64

Requisition for registration of a lis pendens as a burden (Rule 119)

LAND REGISTRY

County

Folio

To the

Property Registration Authority

(address of appropriate office)

Sir/Madam,

The memorandum hereunder written contains the particulars of a

lis pendens

registered in the Central Office of the High Court which I require to be registered as a burden on the interest of the person hereunder mentioned in the property described in folio of the register, County .

(If part only of a folio the relevant part should be described by reference to a map (Rule 56).)

Signed

(by the applicant or by his/her solicitor who must name the party for whom he/she is acting)

Memorandum

Name of person whose interest is intended to be affected

Usual or last known place of abode of such person (

or

registered office if company)

Description of such person

Title and Record Number of action or proceedings

High Court (

or

Circuit Court)

Between

Plaintiff

and

Defendant

Record No.

Particulars of the claim made or the relief sought in cause or matter in respect of the registered property

Dated the day of 20 .

I certify that the

lis penders

described in the above memorandum is in existence

Dated the day of 20 .

Signature: ______________

Note — This certificate shall be signed by the proper officer of the Central Office of the High Court that maintains the register provided by Section 121 Land and Conveyancing Law Reform Act 2009].

FORM 84

Notice of rectification of error in registration (Rule 7(2)(b))

LAND REGISTRY

County

Folio

NOTICE

The Property Registration Authority.

(address of appropriate office)

Sir, (

or

, Madam),

You are hereby given notice that the Property Registration Authority, under

Section 32

(1)(b) of the

Registration of Title Act 1964

as substituted by

Section 55

of the

Registration of Deeds and Title Act 2006

, propose to rectify an error (under the substituted Section 32(1)(c) of the Act) made in registration as follows

(error and proposed rectification to be set out in full with copy of Land Registry map if appropriate).

You are served of this notice as .

Any objection by you, to the proposed rectification, should be in writing to the Property Registration Authority at the above address before the expiration of days from the service of this notice on you. Any such objection by you to the application must state the grounds thereof.

This notice will be deemed to have been received by you within days from the date hereof in absence of proof to the contrary.

Dated the day of 20 .

Signed

To

(Insert name and address of notice party)

FORM 96

Application to inspect or obtain a copy of an instrument under Rule 159 of the Land Registration Rules

LAND REGISTRY

6. LODGED BY

7. IN THE CASE OF PERSONAL APPLICATIONS

SIGNATURE (Applications must be signed either by an individual practising solicitor or, if no solicitor acting, by all the applicant(s).)

Signed

Name of Firm

Date

Note (1) - Data held by the Property Registration Authority may be shared with other public bodies in accordance with public policy requirements and law. Details of data sharing with other public bodies is provided on our website

www.prai.ie

under Land Registry and is also available at our public offices.

FORM 37

Application by trustees for registration as full owners of property on the assent of the personal representative(s) where a registered owner died testate on or after the 1st June, 1959 (Rule 86)

LAND REGISTRY

County

Folio

We, G.H. and I.J., are the persons entitled referred to in the within assent (or the assent annexed hereto) of the personal representative of C.D.

We apply to be registered as owners of the property (subject to the charges burdens and rights set out in the Schedule hereto affecting the property that have priority to the trusts on which we hold the property and we assent to the registration of such burdens and to the entry of an inhibition to protect such rights)

(see Note (1))

.

We apply for the entry of the following inhibition in the register on our registration —

(insert restriction appropriate for the protection of rights aforesaid — see Form 77).

Our addresses in the State for service of notices and our descriptions are:-

(give address and description)

Schedule

(where necessary)

Dated the day of 20 .

Signed

(To be signed by the applicants and their signatures attested. If not attested by a solicitor, an affidavit by the attesting witness may be required.)

Note (1) — Where the Trustees hold on trust for sale the appropriate inhibition to be applied for is a restriction against all dealings by the registered owners or the survivors or survivor of them except by way of sale. Where the property is not held on trust for sale, the utmost care should be taken in framing the inhibition to ensure that while no entry should be made which would interfere with the exercise by the trustees of any authorised powers, e.g., powers of sale and charging the interests of the beneficiaries are adequately protected by the terms of the inhibition. It is not the duty of the Authority to advise on the suitability or otherwise of any particular form of inhibition nor should the terms of an inhibition be phrased in such a manner as would involve it in an enquiry into the manner in which the trusts are being administered. Normally, the interests of the beneficiaries would be adequately protected by the entry of an inhibition requiring the consent of, or notice to, the beneficiaries or, (in the case of persons of unsound mind) their committees.

Note (2) — If there are more than two trustees, the form should be amended accordingly.

FORM 38

Application for registration by personal representative(s) who claims to be entitled to be registered as owner where a registered owner died testate on or after the 1

st

June, 1959 (Rule 86)

LAND REGISTRY

County

Folio

I/We, A.B. of make oath and say:-

8. I apply for registration of the applicant as owner with absolute title (

or

qualified title (qualified as to )) (

or

good leasehold title) and for the registration as burdens of (the mortgage dated between and ) and the following rights appearing from the said conveyance (

or,

instrument) to affect the ownership.

Dated this day of 20 .

Signed

Note — The legal opinion set out in Rule 19(6) may be furnished in Form 3 adapted as the case may require.

FORM 17

Application for registration of ownership or other entries (Rule 11). May be electronically submitted by account holders of landdirect.ie (

www.landdirect.ie

)

46. (1) Pursuant to section 49A of the Act, any person claiming to be entitled to an easement or profit à prendre pursuant to Sections 33 to 38 of the Act of 2009, may apply for the registration of such right in Form 68 with such modifications as the case may require. The Authority, if satisfied that the relevant requirements of that Act have been met, and following service of such notices on the servient owner, may cause, as appropriate, the claimed easement or profit à prendre to be entered as an appurtenance in accordance with Section 82 of the Act, as a burden pursuant to Section 69(1)(jj) and, in the case of a profit à prendre in gross, to be entered in the register maintained under Section 8(

b

)(i) of the Act.

(2) The notice shall be in Form 69.

(3) Where the dominant title of the applicant is not registered, the application must be accompanied by an application for first registration pursuant to Rules 14 to 19.

(4) Where the servient land is unregistered and satisfactory evidence of the identity of the owner of the servient land is not produced the Authority may direct such searches, advertisements, notices and enquiries as it may deem necessary.

Registration of judgment mortgage

110. (1) Application for registration of a judgment mortgage as a burden on registered property pursuant to Section 116 of the Act of 2009 shall be made in Form 60 and shall have endorsed a certificate that the judgment was obtained, signed by the proper officer of the relevant District Court, Circuit Court or, in the case of a Supreme Court or High Court judgment, the High Court.

(2) The entry in the register shall be in Form 61, with such variation as the Authority may, in special circumstances, direct.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

15

th October

, 2013.