S.I. No. 726/2021 - Land Registration Rules 2021

1. Details

Folio number

County

Name of Registered Owner(s)

Instrument Number

Document / Deed Sought

2. Application by

Name

Address

Reference

E-mail address

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 Rul

e

159(9) I apply to the Authority to permit me inspect the document on the following grounds

3. I am entitled for my own benefit to the property specified in the Second Schedule which enjoys the benefit of the right claimed (

describe how the property so benefits

). (

Where the property is unregistered the application must be accompanied by an application for first registration pursuant to Rules 14 to 19

).

(see Note (2))

4. Application

(a)

Application by Solicitor

I/We the Solicitor for the registered owner(s) or his/her personal representative(s) request

to 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 applicant

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

Signature of witness

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

Address of witness

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

Date

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

Office Use Only

Date of Receipt

Fees €.................

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

Proof of identity produced

Inspection

€5

□

Driver’s Licence

Copy of Instrument

€40

□

Passport

□

Other (specify)

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 owner’s 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 agreement of the Minister for Housing, Local Government and Heritage, do hereby make the foregoing Rules.

DATED this 16

th

day of December 2021

ALEXANDER OWENS, Judge of the High Court

JOHN T. COLEMAN, Chairman of the Property Registration Authority

LIZ POPE, Chief Executive of the Property Registration Authority

JAMES DWYER, Senior Counsel

MAJELLA EGAN, Solicitor

I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, 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 agree in the making of the foregoing Rules.

GIVEN under my Official Seal,

This 16

th

day of December, 2021.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage.

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 16

th

day of December 2021, amend the provisions for the registration of easements and

profits à prendre

pursuant to Section 49A of the

Registration of Title Act 1964

, as amended by the

Land and Conveyancing Law Reform Act 2021

.

These Rules 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 Court of Appeal.

The Brussels I Regulation has been amended. An enforcement order of the Master of the High Court is no longer required in respect of civil and commercial judgments obtained in courts of member states of the European Union. The amended Brussels I Regulation (recast) was transposed into Irish law by the European Union (Civil and Commercial Judgments) Regulations 2015 (S.I. No. 6/2015). Rule 110A has been amended to reflect the changes introduced by the Brussels I Regulation (recast).

These Rules also amend Forms 3, 5, 6, 57B, 60, 60A, 61, 64, 68, 84 and 96 in the Schedule of Forms of the Land Registration Rules 2012 to 2013.

5. I am not aware of any question or doubt affecting the right, or any part thereof, or of any matter or thing whereby the right is, or may be impeached, affected, or called in question in any manner whatsoever.

6. There is not to my knowledge any person interested in the entitlement claimed under this application and (

or)

the servient lands who is under the age of 18 years, or is of unsound mind, (except -

give name and address of any person interested who is a minor or of unsound mind and of his/her guardian or committee, or trustees under

Section 57

of the

Succession Act, 1965

, if any

) and no proceedings are pending in any court relating to the said entitlement (except -

give particulars of any pending action or suit

).

7. I apply that the foregoing right be-

(a) registered as a burden within Section 69(1)(j) of the Act, (

provided that the servient land is registered land

),

(b) entered in the register as an appurtenance pursuant to Section 82 of the Act or, in the case of a

profit à prendre

held in gross entered in the register of ownership maintained under Section 8(b)(i) of the Act.

First Schedule

Description of easement or

profit à prendre

(

To contain a full and unambiguous description of the easement or profit à prendre by reference to an application map suitably marked see Rules 29 and 56

)

Second Schedule

(see Note (2))

Description of dominant land owned by applicant

(

By reference to folio number if the land is registered. If part only of the folio or if an application for first registration being made by reference to property edged red on the application map

)

Third Schedule

Description of servient land and name and address of the owner (if known)

(

By reference to folio number if the land is registered. If servient land is unregistered, by reference to property edged red on the application map

.)

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 (1) - An application under Section 49A of the Act, can only be established in accordance with the provisions of sections 2 and 3 of the

Land and Conveyancing Law Reform Act 2021

.

Note (2) - Paragraph 3 of Form 68 and the Second Schedule can be omitted where the application is for registration of a

profit à prendre

held in gross.

Note (3) - Where the owner (where known) of the land in the Third Schedule is deceased, details to be provided of his/her personal representative. If there is no personal representative, details of his/her next of kin are to be provided for service of notice.

Note (4) - If the Authority is not satisfied that there is an entitlement to the easement or

profit à prendre

or if an objection raises doubt as to the applicant’s entitlement the application may be refused.

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 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.

The rectification will proceed unless good cause to the contrary is shown by you within 21 days from your receipt of this notice.

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

8. The names and current addresses of all adjoining owners for service of notice are provided in the Second Schedule Part 2

9. I exhibit herewith the certificate of discharge from Capital Acquisitions Tax as required by 62(2) of the

Capital Acquisitions Tax Consolidation Act 2003

(as amended by

section 128

of the

Finance Act 2008

) or, if appropriate, a solicitor’s certificate in the form prescribed by section 62(7) of the

Capital Acquisitions Tax Consolidation Act 2003

(as amended by

section 128

of the

Finance Act 2008

)

10. I am entitled for my own benefit to the fee simple interest in the property (

or, otherwise as the case may be

) and I am not aware of any contract or agreement for sale, or of any mortgage, charge, lease, agreement for lease, restrictive covenant, or incumbrance (

or

, except as stated in the Third Schedule hereto) affecting the property, or any part thereof, and I declare that there is no person in possession or occupation of the property or any part thereof adversely to my estate or interest therein.

11. I am not aware of any question or doubt affecting the title to the property, or any part thereof, or of any matter or thing whereby the title is, or may be impeached, affected, or called in question in any manner whatsoever.

12. There is not to my knowledge any person interested in the proceedings on the said application who is under the age of 18 years, or is of unsound mind, (except -

give name and address of any person interested who is a minor or of unsound mind and of his/her guardian or committee, or trustees under Section

57

of the Succession Act

, 1965,

if any

) and no proceedings are pending in any court relating to the said property (except -

give particulars of any pending action or suit

).

13. I apply to be registered as owner with absolute title of the property set out in the First Schedule hereto.

FIRST SCHEDULE

The property described in folio ___ of the Register, County____

OR

The part of the property described in Folio ____ of the Register County ____ shown edged ___ on the map attached hereto

SECOND SCHEDULE

PART 1 – Registered Owner/Successors of Registered Owner

Provide names and current addresses – do not merely rely on the registered addresses on folios. Information from the applicant’s knowledge or procurement should be provided.

Where it is claimed that successive barring has occurred (e.g. where the applicant claims to have barred persons who themselves may have acquired title under the Statute of Limitations), the names and addresses of all persons barred (or their successors) should be provided.

SECOND SCHEDULE

PART 2 – Adjoining Owners

Provide names and current addresses – do not merely rely on the registered addresses on folios. Information from the applicant’s knowledge or procurement should be provided.

THIRD SCHEDULE

(where necessary)

Details of any mortgage, charge, lease, agreement for lease, restrictive covenant, lien incumbrance or trust affecting the property, or any part thereof.

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

NOTES

Note (1) - Where the application is based on possession of unregistered land, Form 5 should be used and not this form.

Note (2) - Where application is made in respect of part of property in a folio under Rule 46,

an application map should be lodged. The map should be referred to in the application as correctly showing the boundaries of the property.

Note (3) - Please note that an interest vesting in a minor creates a trust in land by virtue of Part 4 of the

Land and Conveyancing Law Reform Act 2009

. The guardians of a minor do not necessarily have capacity to act as trustees on his/her behalf (

see Section 19 of the 2009 Act).

Note (4) - If the application is made on behalf of a corporate body it may be made by the Secretary or Law Agent or it may be made by a person duly authorised by that body if it is averred that the person is duly authorised and has the necessary means of knowledge.

Note (6) - If there is more than one applicant, the form should be amended accordingly.

Note (7) – where the property has been used in conjunction with leasehold property owned by the applicant, the presumption of encroachment may apply, and if not rebutted, any interest acquired by the applicant is not registerable. It is up to the applicant to rebut the presumption.

FORM 57B

Requisition for cancellation of a charge where its registered owner does not concur (Rules 52 and 101)

LAND REGISTRY

County Folio

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

I am the registered owner of the property described in folio County

On the day of 20, a charge for was registered in favour of C.D. of at Entry No.

I have never made any payment of principal or interest on foot of the said charge (

or

, no payment of principal or interest on foot of the said charge has been made by me since,

or, as the case may be

). No claim was ever made against me (

or, as the case may be

) and no acknowledgement was ever given by me, in respect of the said charge (

or, as the case may be

).

The address of C.D., the registered owner of the charge is

or,

The said C.D., the registered owner of the charge died on the day of and I beg to refer to a copy of his/her Death Certificate marked with the letter “A” on which I have signed my name prior to the swearing hereof. I say that the said referred to on said Death Certificate is one and the same as the registered owner of the charge.

His/her personal representatives are E.F. and G.H. of

or,

The said C.D. the registered owner of the charge died intestate and no representation was raised to his/her estate and the following are the names and addresses of all his/her next-of-kin:-

I apply that the charge be cancelled.

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 (1) - This form may be adapted where the applicant’s predecessor in title was the registered owner at the date of the registration of the charge with additional averments that such predecessor made no payment, etc., and as to the applicant’s sources of knowledge.

Note (2) - This form may also be adapted where it is claimed that the charge was paid but no receipt is available.

Note (3) - This form may also be adapted where it is claimed that a charge by way of annuity has been paid in full or where the Statute of Limitations, 1957, is invoked in respect of arrears.

Note (4) - This form suitably adapted may be used for the cancellation of other burdens.

Note (5) - If there is more than one applicant, the form should be amended accordingly.

FORM 60

Application for registration of a judgment as a judgment mortgage (Rule 110 )

LAND REGISTRY

The Supreme Court or

The Court of Appeal or

The High Court

(

or

Circuit Court Circuit)

(

or

District Court )

Record No

County Folio

I,

(insert name of deponent)

of ...... the creditor within the meaning of

Section 115

of the

Land and Conveyancing Law Reform Act 2009

make oath and say as follows:-

1.

(Insert name of judgment creditor)

did on the day of obtain a judgment in the Court against

(insert name of judgment debtor)

of.

14. I am not aware of any question or doubt affecting the title to the property, or any part thereof, or of any matter or thing whereby the title is, or may be impeached, affected, or called in question in any manner whatsoever.

15. There is not to my knowledge any person interested in the proceedings on the said application who is under the age of 18 years, or is of unsound mind, (except -

give name and address of any person interested who is a minor or of unsound mind and of his/her guardian or committee, or trustees under Section

57

of the Succession Act

, 1965,

if any

) and no proceedings are pending in any court relating to the said property (except -

give particulars of any pending action or suit

).

16. The contracts, abstracts, legal opinions, requisitions, replies, wills and other documents referred to or lodged with said application and produced in the proceedings thereunder are all the documents in my possession or under my control (

or, in the possession of or under his/ her control

) relating to the said property.

17. I apply to be registered as owner with absolute title

(or, as the case may be)

of the property set out in the First Schedule hereto.

FIRST SCHEDULE

The part of the property situate in the Townland of _____, Barony of __________ and County of ____ shown edged ___ on the map attached hereto.

SECOND SCHEDULE

PART 1 – Dispossessed owner or successor

Provide names and current addresses – do not merely rely on the registered addresses on folios. Information from the applicants knowledge or procurement should be provided.

Where it is claimed that successive barring has occurred (e.g. where the applicant claims to have barred persons who themselves may have acquired title under the Statute of Limitations), the names and addresses of all persons barred (or their successors) should be provided.

SECOND SCHEDULE

PART 2 – Adjoining Owners

Provide names and current addresses – do not merely rely on the registered addresses on folios. Information from the applicants knowledge or procurement should be provided. Where there are a number of properties, the location of the notice parties may be indicated on a map.

THIRD SCHEDULE

(where necessary)

Details of any mortgage, charge, lease, agreement for lease, restrictive covenant, lien incumbrance or trust affecting the property, or any part thereof.

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

NOTES

Note (1) - Where the application is based on possession of registered land, Form 6 should be used and not this form.

Note (2) - This form can be used where the applicant has no documents of title in his/her possession or control

(see Rule 17).

Note (3) - Please note that an interest vesting in a minor creates a trust in land by virtue of Part 4 of the

Land and Conveyancing Law Reform Act 2009

. The guardians of a minor do not necessarily have capacity to act as trustees on his/her behalf

(see Section 19 of the 2009 Act)

.

Note (4) - The relevant averments of Form 16 are included in Form 5.

Note (5) - If the application is made on behalf of a corporate body it may be made by the Secretary or Law Agent or it may be made by a person duly authorised by that body if it is averred that the person is duly authorised and has the necessary means of knowledge.

Note (6) - If there is more than one applicant, the form should be amended accordingly. All applicants should apply.

Note (7) – Where the property has been used in conjunction with leasehold property owned by the applicant, the presumption of encroachment may apply.

Note (8) – Any acts appearing on searches should be certified by a solicitor holding a current practicing certificate to be on title or not. If any acts appear to be on title, the deed the act relates to should be lodged. Where appropriate, for example if the applicant is a Local Authority, a Certificate of No Acts may be lodged in lieu of searches, in respect of its period of occupation.

FORM 6

Application for registration where title is based on possession of registered land only (Rule 45 and Section 49)

LAND REGISTRY

County Folio

I, A.B., of make oath and say—

46. (1) Pursuant to section 49A of the Act, any person claiming to be entitled to an easement or

profit à prendre

by prescription, 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 have been met, and following service of 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 Court of Appeal 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

31

st December,

2021.