S.I. No. 727/2021 - Registration of Deeds Rules 2021

1. I, AB, aged 18 and upwards, of.................................................. the creditor within the meaning of

Section 115

of the

Land and Conveyancing Law Reform Act 2009

make oath and say as follows:—

2. I, AB, (or EF) of....................................... (See Note) did on the day of obtain a judgment in the.......... court against CD of................................................ in the above entitled Action, Matter or Cause.

3. To the best of my knowledge and belief, the said CD, the Defendant, at the date of swearing of the affidavit, has an estate or interest in certain lands the particulars of which are set out below

Description of the Property

POSTAL ADDRESS: ___________________________________________

Situate in

TOWN: ____________________TOWNLAND:______________________

PARISH: ___________________BARONY: _________________________

CITY: _____________________COUNTY:__________________________

Area (if known)

Map co-ordinates (if known)

Geo Directory address (if known)

*(USE additional sheet for further PROPERTIES)

4. I apply for registration of the said judgment as a judgment mortgage in the register of deeds.

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

I certify that judgment was obtained in the above entitled action in the Supreme Court/Court of Appeal/High Court/Circuit Court/District Court

Dated the day of 20.

*Signature

* of the proper officer of the relevant court referred to in Rule 3.

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 48

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 48

of the

Registration of Deeds and Title Act 2006

, hereby agree in the making of the foregoing Rules.

GIVEN under my Official Seal,

16 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

of December 2021, amend the Registration of Deeds Rules 2008 and the Schedule of Forms in those Rules to provide for the registration of notices and statements under the

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

.

The Registration of Deeds Rules 2009 and the Schedule of Forms in those Rules are amended to include provision for the registration of the cancellation of property adjustment orders made under the

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

.

The Registration of Deeds Rules 2013, relating to the registration of judgment mortgages pursuant to

Section 116

of the

Land and Conveyancing Law Reform Act 2009

, are amended to include judgments of the Court of Appeal

5. The Rules of 2008 are amended by the insertion of the following immediately after Rule 17 of those Rules;

6. The Schedule of Forms to the Rules of 2008 is amended by the insertion of Form 8A set out hereunder immediately after Form 8 in that Schedule.

Form 8A REGISTRY OF DEEDS

Application for registration of a statement under section 28(11)(b) of the

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

(Rules 6, 17A)

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

I

AB

of apply for registration of the Statement, the particulars of which are set out

hereunder. I certify that the particulars are in accordance with the Statement.

Signed:......................................... Name of lodging party:....................................

Solr Ref:..................................... Address of lodging party:.............................................................................................

Name of document: Statement

For official use only: Office Code

Date of Statement

Party Name(

s

) Forename Surname

(Use additional sheet for further PARTIES if necessary)

Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE STATEMENT SHOULD NOT BE PROVIDED HEREUNDER)

ADDRESS (AS IN STATEMENT):..........................................................................

Area (if included in the statement) Map co-ordinates (if included in the statement) Geo Directory address (if included in the statement) *(USE additional sheet for further PROPERTIES if necessary)

Situate in TOWN

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

TOWNLAND

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

PARISH

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

BARONY

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

CITY

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

COUNTY

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

For

Officia

l

Us

e

Onl

y

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

Cancellation of Property Adjustment Orders

7. The Rules of 2009 are amended by the substitution of the following for Rule 3 of those Rules;

8. The Schedule of Forms to the Rules of 2009 is amended by the substitution of the Form 14 hereinafter set out for the form 14 in that Schedule.

Form 14

Registry of Deeds

Book Page Number

or

Serial Number

I, CD

hereby make oath and say as follows

9. The Schedule of Forms to the Rules of 2009 is amended by the substitution of Form 15 hereinafter set out for Form 15 in that Schedule.

Form 15

Registry of Deeds

Book Page Number

or

Serial Number

Whereas there is registered in the Registry of Deeds under the above Book, Page and Number or Serial Number a property adjustment order under

section 9

of the

Family Law Act 1995

, (

or

section 14

of the

Family Law (Divorce) Act 1996

) (

o

r

section 118

of the

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

) and whereas the said order has been complied with in full insofar as the property (described in the schedule hereto —

to be inserted where compliance is in respect of part of the property the subject of the order

) the subject of the order is concerned.

Now we, GH and IJ, the parties to the proceedings, hereby consent to, and apply for the entry of a note of compliance in the register maintained in the Registry of Deeds.

Dated this day of 20.

Signed by the said GH

in the presence of

Signed by the said IJ

in the presence of

Schedule

(To contain a description of the property)

Judgment Mortgage

10. Rule 3 of the Rules of 2013 is amended by the substitution of the following for Rule 3 of those Rules

11. The Schedule of Forms to the Rules of 2013 is amended by the substitution of Form 16 hereinafter set out for Form 16 in that Schedule

Form 16

Registry of Deeds

The Supreme Court/Court of Appeal/High Court/Circuit Court/District Court

Title

Record No

Between

A.B. Plaintiff

and

C.D. Defendant

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

16A. Application for registration of a notice under

section 36

of the

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

shall be in Form 5A.

17A. Application for registration of a statement under section 28(11)(b) of the

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

, shall be made in Form 8A accompanied by a certified copy of the statement and the prescribed fee.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

31

st December,

2021.