IE
(LRC Revised)
Statutory Text (1 Articles)
Number 16 of 1964
REGISTRATION OF TITLE ACT 1964
REVISED
Updated to 17 July 2023
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of the
Registration of Title Act 1964
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
Energy (Windfall Gains in the
Energy Sector) (Temporary Solidarity Contribution) Act 2023
(23/2023), enacted 17
July 2023, and all statutory instruments up to and including the
Maritime Area
Planning Act 2021 (Commencement of Certain Provisions) (No. 2) Order 2023
(S.I.
No. 369 of 2023), made 12 July 2023, were considered in the preparation of this Revised
Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
16
of
1964
REGISTRATION OF TITLE ACT 1964
REVISED
Updated to 17 July
2023
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section
1.
Short title.
2.
Commencement.
3.
Interpretation.
4.
Expenses.
(Repealed)
5.
Repeals.
6.
Continuance of existing officers, offices, registers, instruments and documents.
PART II
Land Registry, Registers, the Authority and Jurisdiction
7.
Land Registry.
8.
Registers of ownership.
9.
The Authority.
(Repealed)
10.
Local registrars.
(Repealed)
11.
Relations of the Authority and
local registrars.
(Repealed)
12.
Officers of central and local
offices.
(Repealed)
13.
Exercise of powers of the
Authority.
(Repealed)
14.
Fees.
(Repealed)
15.
Official seals.
(Repealed)
16.
Powers of the Authority.
17.
Proceedings by and against the
Authority.
(Repealed)
18.
The court.
19.
Appeal and reference to the court.
20.
Enforcement by High Court of order of the Authority.
21.
The Authority to obey order of court.
22.
Power of court in action for specific performance.
PART III
Registration of Ownership
23.
Compulsory registration.
24.
Extension of compulsory registration.
25.
Effect of failure to register where registration compulsory.
26.
Registration by Land Commission.
27.
Classes of owners who may be
registered.
(Repealed)
28.
Land certificate.
(Repealed)
29.
Rectification on amendment of vesting order.
30.
Fraudulent dispositions and entries.
31.
Conclusiveness of register.
32.
Rectification of errors in registration.
33.
Classes of title which may be registered.
34.
Registration of burdens.
35.
Registration subject to, or free from, equities.
36.
Effect of previous registration with qualified or possessory title.
37.
Effect of registration with absolute title.
38.
Effect of registration with possessory title.
39.
Effect of registration with qualified title.
40.
Classes of title which may be registered.
41.
Registration of burdens.
42.
Previous registration with, and without, note as to lessor’s title.
43.
Effect of previous registration with qualified or possessory title.
44.
Effect of registration with absolute title.
45.
Effect of registration with good leasehold title.
46.
Effect of registration with possessory title.
47.
Effect of registration with qualified title.
48.
Transfer of land from leasehold to freehold register.
49.
Registration of title acquired by possession.
49A.
Registration of easements and
profits à prendre
in certain cases.
50.
Conversion of registered title into absolute or good leasehold.
51.
Transfer of registered land.
52.
Effect of transfer of freehold land with absolute title.
53.
Effect of transfer of freehold land with possessory title.
54.
Effect of transfer of freehold land with qualified title.
55.
Effect of transfer of leasehold interest with absolute title.
56.
Effect of transfer of leasehold interest with good leasehold title.
57.
Effect of transfer of leasehold interest with possessory title.
58.
Effect of transfer of leasehold interest with qualified title.
59.
Saving of consent to alienation, etc.
60.
Defeasance of registered owner’s estate.
61.
Transmission of registered land from limited owner and on death.
62.
Creation and effect of charge on registered land.
63.
Saving for mortgages registered as charges.
64.
Transfer of charge.
65.
Discharge of registered charge.
66.
Transmission, etc., of charge.
67.
Restriction on custody of land certificate by registered owner of a charge.
68.
Creation and effect of subordinate rights and interests.
69.
Burdens which may be registered as affecting registered land.
70.
Registration of ownership of burdens.
71.
Registration of judgment mortgages.
72.
Burdens which are without registration to affect registered land.
73.
Mines, minerals, and mining rights.
74.
Priority of registered burdens.
75.
Priority of registered charge for future advances.
76.
Power of charging to be exercised by registered charge.
77.
Powers with respect to statutory charges.
78.
Term of years vested in trustee for raising money out of registered land.
79.
Term of years vested in trustee for raising money, or mortgage, prior to first registration.
80.
Provisions as to incumbrances created or issued by company and not registered or protected.
81.
Right of residence.
82.
Note of rights appurtenant to land.
83.
Register of ownership.
84.
Registry maps.
85.
Description of registered land.
86.
Entry of boundaries in certain cases.
87.
Entry of boundaries by agreement.
88.
Settlement of boundaries on transfer.
89.
Meaning of owner of unregistered land in regard to boundaries.
90.
Powers of person entitled to be registered as owner of land or charge.
91.
Undivided shares and co-owners.
92.
Notice of trusts.
93.
Discovery of instruments and facts affecting title.
94.
Production of deeds.
95.
Deeds to be marked with notice of registration.
96.
Caution against first registration of land.
97.
Caution against registered dealings.
98.
Inhibition of registered dealings.
99.
Provisions as to limited
owners.
(Repealed)
100.
Power for trustee to apply to court for directions.
101.
Infants.
(Repealed)
102.
Persons of unsound mind.
103.
Provisions as to bankruptcy of registered owner.
104.
Stamp duties.
105.
Certificates.
106.
Addresses and notices.
107.
Searches of registers and maps.
108.
Priority of certain applications for registration.
PART IV
Devolution on Death and Descent on Intestacy
109.
Application of Part IV.
(Repealed)
110.
Devolution of registered
land.
(Repealed)
111.
Succession to beneficial
interest in registered land on intestacy.
(Repealed)
112.
Abolition of rules of descent
in relation to registered freehold land.
(Repealed)
113.
Saving for deaths before
commencement of this Act.
(Repealed)
114.
Meaning of
“
heirs
”.
(Repealed)
PART V
Miscellaneous Provisions
115.
Avoidance of certain stipulations in contracts for sale or charge of registered land.
116.
Exemption of land from registration in Registry of Deeds.
117.
Exemption from registration elsewhere of burdens registered under this Act.
118.
Indemnity of the Authority.
119.
Penalties for fraud.
120.
Compensation for error, forgery or fraud in relation to registration.
121.
Inhibition in consequence of discovery of error.
122.
Owner of land with possessory title not a trustee under
Statute of Limitations, 1957
.
123.
Effect of words of transfer.
124.
Power of Peace Commissioners to take affidavits.
124A.
Evidence in proceedings.
125.
Registration of land below high-water mark.
126.
Power to make rules and orders.
127.
Saving for
bona vacantia
.
SCHEDULE
REPEALS
Acts Referred to
Registration of Title Act, 1891
1891, c. 66.
Irish Bankrupt and Insolvent Act, 1857
1857, c. 60.
Bankruptcy (Ireland) Amendment Act, 1872
1872, c. 58.
Debtors Act (Ireland), 1872
1872, c. 57.
Local Bankruptcy (Ireland) Act, 1888
1888, c. 44.
Landed Property Improvement (Ireland) Act, 1847
1847, c. 32.
Drainage (Ireland) Act, 1842
1842, c. 89.
Drainage and Improvement of Land (Ireland) Act, 1863
1863, c. 88.
State Property Act, 1954
1954, No. 25.
Judgment Mortgage (Ireland) Act, 1850
1850, c. 29.
Landed Property Improvement (Ireland) Act, 1847
1847, c. 32.
Irish Church Act, 1869
1869, c. 42.
Registration of Deeds Act, 1707
1707, c. 2.
Judgments (Ireland) Act, 1844
1844, c. 90.
Finance Act, 1924
1924, No. 27.
Irish Church Act, 1869
1869, c. 42.
The Public Offices Fees Act, 1879
1879, c. 58.
Land Act, 1931
1931, No. 11.
Administration of Estates Act, 1959
1959, No. 8.
Registration of Title Act, 1942
1942. No. 26.
Conveyancing Act, 1881
1881, c. 41.
Conveyancing Act, 1911
1911, c. 37.
Forestry Act, 1946
1946, No. 13.
Judgment Mortgage (Ireland) Act, 1850
1850, c. 29.
Judgment Mortgage (Ireland) Act, 1858
1858, c. 105.
Land Act, 1927
1927, No. 19.
Labourers Act, 1936
1936, No. 24.
Companies Act, 1963
1963, No. 33.
Landlord and Tenant (Ireland) Act, 1870
1870, c. 46.
Settled Land Act, 1882
1882, c. 38.
Settled Land Act, 1884
1884, c. 18.
Lunacy Regulation (Ireland) Act, 1871
1871, c. 22.
Statute of Limitations, 1957
1957, No. 6.
Foreshore Act, 1933
1933, No. 12.
Courts of Justice Act, 1936
1936, No. 48.
Record of Title (Ireland) Act, 1865
1865, s. 88.
The Registry of Deeds Office (Ireland) Holidays Act, 1883
1883, c. 20.
Number
16
of
1964.
REGISTRATION OF TITLE ACT 1964
REVISED
Updated to 17 July 2023
AN ACT TO CONSOLIDATE WITH AMENDMENTS THE LAW RELATING TO THE REGISTRATION OF THE
TITLE TO LAND. [4
th July
, 1964.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
Annotations
Modifications (not altering text)
C1
Prospective affecting provisions: application of collectively cited
Registration of Deeds and Title Acts 1964 and 2006
restricted by
Minerals Development Act 2017
(23/2017), ss. 112(5) and 149(4), not commenced as of date of revision.
Mining facilities acquisition order
112.
....
(3) On the making of a mining facilities acquisition order for the purpose of acquiring
an ancillary surface right, the right is vested in the Minister on behalf of the State.
(4) On the making of a mining facilities acquisition order for the purpose of acquiring
an estate or interest in land, the estate or interest is vested in the licensee.
(5) Notwithstanding the Registration of Deeds and Title Acts 1964 and 2006, the vesting
of an ancillary surface right, estate or interest under subsections (3) and (4) that
affects registered land occurs when the order is made.
...
Rehabilitation acquisition order
149.
...
(3) On the making of a rehabilitation acquisition order for the purpose of acquiring
an estate or interest in land, the estate or interest is vested in the Minister on
behalf of the State.
(4) The vesting of an estate or interest under
subsection (3)
that affects registered land occurs when the order is made notwithstanding the provisions
of the Registration of Deeds and Title Acts 1964 and 2006.
...
C2
Application of Act extended (1.01.2016) by
Housing (Miscellaneous Provisions) Act 2014
(21/2014), s. 26(8), S.I. No. 482 of 2015.
Charging order
26.
...
(8) A charging order affecting a house which is registered land within the meaning
of the
Registration of Title Act 1964
shall be registrable as a burden affecting such land whether the person named in
the order as the owner of the land is or is not registered under that Act as the owner
of the land.
C3
Application of collectively cited
Registration of Deeds and Title Acts 1964 and 2006
restricted (15.07.2015) by
European Union (Bank Recovery and Resolution) Regulations 2015
(S.I. No. 289 of 2015), reg. 76, in effect as per reg. 1(2).
Effect of transfer by resolution order in relation to securities.
76. (1) On and after a transfer under a resolution order or a capital instruments
order, or a transfer having effect in the State in accordance with Regulation 126
in relation to property referred to in paragraph (3)(d) or (e) of Regulation 75, or
a security referred to in subparagraph (f) of that paragraph, transferred by the relevant
order or in accordance with Regulation 126—
(
a
) notwithstanding
any provision of an Act referred to in paragraph (2) or any other Act that
provides for the registration of assets or security, or any details of assets or
security, a recipient is not required to become registered as owner of the
security,
(
b
) notwithstanding
sections 62 and 64 of the Registration of Title Act 1964 (No. 16 of 1964), a
recipient has, in relation to any charge that is or is part of such a security,
the powers of a mortgagee under a mortgage by deed, even though the recipient is
not registered as owner of the charge,
(
c
) the recipient
has the powers and rights conferred on the registered owner of a charge by the
Registration of Title Act 1964, and
(
d
) where the
resolution order effects an extension of, or in relation to the security so as to
include future advances by or future liabilities to the recipient, the extension
or inclusion need not be registered under any Act referred to in paragraph (2)
under which it would otherwise be required to be registered but operates for the
purposes of those Acts as if made by deed duly registered under that Act on the
time of the transfer.
(2) The Acts referred to in paragraph (1)(a) and (d) are the following: ...
(
d
) the
Registration of Deeds and Title Acts 1964 and 2006;
...
C4
Application of collectively cited
Registration of Deeds and Titles Acts 1964 and 2006
restricted (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), reg. 42(22).
Screening for Appropriate Assessment and Appropriate Assessment of implications for
European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the Second Schedule that
provides for the consent for a plan or project to which this Regulation applies to
be obtained by default on the failure of the public authority to provide a response
within a specified timescale or otherwise, that provision shall not have effect in
respect of any plan or project to which this Regulation applies.
...
SECOND SCHEDULE
...
Registration of Deeds and Title Acts 1964 and 2006
...
C5
Application of collectively cited
Registration of Deeds and Titles Acts 1964 and 2006
restricted (28.10.2011) by
Credit Central Bank and Credit Institutions (Resolution) Act 2011
(27/2011), s. 50(1)(a), (d) and (2), S.I. No. 548 of 2011.
Effect of transfer order in relation to securities.
50.
— (1) On
and after the transfer of assets and liabilities under a transfer order, in
relation to property referred to in
paragraph (d)
or
(e)
of
subsection (4)
of
section 49
or a security referred to in
paragraph (f)
of that subsection, transferred by the order—
(
a
) notwithstanding
any provision of an Act referred to in
subsection (2)
or any other Act that
provides for the registration of assets or security, or any details of assets or
security, a transferee is not required to become registered as owner of the
security,
...
(
c
) the transferee
has the powers and rights conferred on the registered owner of a charge by the
Registration of Title Act 1964, and
(
d
) if the transfer
order effects an extension of or in relation to the security so as to include
future advances by or future liabilities to the transferee, the extension need not
be registered under any Act referred to in
subsection (2)
under which it
would otherwise be required to be registered, but operates for the purposes of
those Acts as if made by deed duly registered under that Act on the time of the
transfer.
(2) The Acts referred to in
paragraphs (a)
and
(d)
of
subsection (1)
are the
following: ...
(
d
) the
Registration of Deeds and Title Acts 1964 and 2006;
...
C6
Application of collectively cited
Registration of Deeds and Titles Acts 1964 and 2006
restricted (21.12.2010) by
Credit Institutions (Stabilisation) Act 2010
(36/2010), s. 40(1)(a), (d) and (2), S.I. No. 623 of 2010.
Effect of transfer order in relation to securities.
40.
— (1) On
and after the transfer of assets and liabilities under a transfer order, in
relation to property referred to in
paragraph (d)
or
(e)
of
section 39 (4)
or a security referred to in
paragraph (f)
of that
section, transferred by the order—
(
a
) notwithstanding
any provision of an Act listed in
subsection (2)
or any other Act that
provides for the registration of assets or security, or any details of assets or
security, a transferee is not required to become registered as owner of the
security,
...
(
d
) where the
transfer order effects an extension of or in relation to the security so as to
include future advances by or future liabilities to the transferee, the extension
need not be registered under any Act listed in
subsection (2)
under which
it would otherwise be required to be registered, but operates for the purposes of
those Acts as if made by deed duly registered under that Act on the date of
transfer.
(2) The Acts referred to in
paragraphs (a)
and
(d)
of
subsection (1)
are the
following
...
(
d
) the
Registration of Deeds and Title Acts 1964 and 2006;
...
C7
Application of collectively cited
Registration of Deeds and Titles Acts 1964 and 2006
restricted (21.12.2009) by
National Asset Management Agency Act 2009
(34/2009), s. 107(1)(c), S.I. No. 545 of 2009.
NAMA not required to register certain instruments, etc.
107.
— (1) Where a bank asset has been acquired by NAMA or a NAMA group entity—
(
a
) notwithstanding
anything in any Act listed in
subsection (2)
or any other Act that provides
for the registration of assets, security or details of them, NAMA or the NAMA
group entity is not required to become registered as owner of any security that is
part of the bank asset,
(
b
) notwithstanding
sections 62 and 64 of the Registration of Title Act 1964, NAMA or the NAMA group
entity has, in relation to any such charge, the powers of a mortgagee under a
mortgage by deed, even though NAMA or the NAMA group entity is not registered as
owner of any such charge,
(
c
) NAMA or the
NAMA group entity has the powers and rights conferred on the registered owner of a
charge by the Registration of Title Act 1964.
(2) The Acts referred to
subsection (1) (a)
are the following: ...
(
d
) the
Registration of Deeds and Title Acts 1964 and 2006;
...
C8
Application of Act restricted (21.02.2003) by
Capital Acquisitions Tax Consolidation Act 2003
(1/2003), s. 62(2), commenced on enactment, as amended (4.11.2006) by
Finance Act 2008
(3/2008), s. 128(1)(b), commenced as per subs. (2).
Certificate relating to registration of title based on possession.
62.
— ...
(2) A person shall not be registered as owner of property in a register of ownership
maintained under the Act of 1964 on foot of an application made to the
[
Authority
]
on or after the date of the passing of this Act which is—
(
a
) based on
possession, and
(
b
) made under the
Rules of 1972, or any other rule made for carrying into effect the objects of the
Act of 1964,
unless the applicant
produces to the
[
Authority
]
a certificate issued by the
Commissioners to the effect that the Commissioners are satisfied—
(i) that the property did not become charged with gift tax or inheritance tax during
the relevant period, or
(ii) that any charge for gift tax or inheritance tax to which the property became
subject during that period has been discharged, or will (to the extent that it has
not been discharged) be discharged within a time considered by the Commissioners to
be reasonable.
...
C9
Application of Act modified (22.03.2002) by
Asset Covered Securities Act 2001
(47/2001), s. 58(10), S.I. No. 94 of 2002.
Transfer of business or assets from one credit institution to another.
58.
— ...
(10) A transfer of an asset under this section, whether specifically or as part of
a transfer of a business, does not need to be registered under the Registration of
Deeds Act, 1707, the Bills of Sale (Ireland) Acts, 1879 and 1883, the Companies Act,
1963, the Registration of Title Act, 1964, and any other Act that provides for the
registration of assets or details of them. For the purposes of any of those Acts that
would apply to it but for this subsection, such a transfer has effect as a deed registered
on the date on which it took effect.
...
C10
Application of Act restricted (20.04.2001) by
Trustee Savings Banks Act 1989 (Section 57) (TSB Bank) Order 2001
(S.I. No. 175 of 2001), reg. 5(e).
CONSEQUENTIAL PROVISIONS
5. The following shall have effect with effect from the transfer date— ...
(
e
) a security
held by TSB Bank as security for a debt or other liability to TSB Bank incurred
before the transfer date shall be available to the transferee as security for the
discharge of that debt or liability and where the security extends to future or
prospective debts or liabilities, shall be available as security for the discharge
of debts or liabilities to the transferee incurred on or after the transfer date
and in relation to a security, the transferee shall be entitled to all the rights
and priorities (howsoever arising) and shall be subject to all liabilities to
which TSB Bank would have been entitled or subject to if TSB Bank had not been
reorganised into the transferee, and in relation thereto the following provisions
shall have effect;
(i) the transfer of any such security effected or deemed to have been effected by
this Order shall not require registration under or in pursuance of the Registration
of Deeds Act, 1707, the Registration of Title Act, 1964, or section 99 of the Act
of 1963, but shall operate for the purposes of those Acts as if it were made by deed
duly registered on the transfer date under or in pursuance of whichever of those Acts
may be applicable thereto;
(ii) to the extent that this Order effects an extension of or in relation to any such
security so as to include future advances or future liabilities to the transferee,
such extension shall not require registration under or in pursuance of the Registration
of Deeds Act, 1707, the Bills of Sale (Ireland) Acts, 1879 and 1883, the Registration
of Title Act, 1964, or section 99 of the Act of 1963, but shall operate for the purposes
of those Acts as if it were made by deed duly registered on the transfer date under
or in pursuance of whichever of those Acts may be applicable thereto;
...
C11
Application of Act restricted by
Trustee Savings Banks Act 1989
(21/1989), s. 57(12)(e), (13)(b)-(c), and (14), as substituted (28.03.2001) by
Trustee Savings Banks (Amendment) Act 2001
(6/2001), s. 1, commenced on enactment.
Authorisation by Minister for Finance of reorganisation of trustee savings banks into
companies.
57.
— ...
(12) An order may include provisions to the effect that— ...
(
e
) a security held
by a bank as security for a debt or other liability to the bank incurred before
the transfer date shall be available to the relevant company as security for the
discharge of that debt or liability and where the security extends to future or
prospective debts or liabilities, shall be available as security for the discharge
of debts or liabilities to the relevant company incurred on or after the transfer
date and in relation to a security, the relevant company shall be entitled to all
the rights and priorities (howsoever arising) and shall be subject to all
liabilities to which the bank would have been entitled or subject to if the bank
had not been reorganised into the relevant company, and in relation thereto the
following provisions shall have effect—
(i) the transfer of any such security effected or deemed to have been effected by
an order shall not require registration under or in pursuance of the Registration
of Deeds Act, 1707, the Registration of Title Act, 1964, or section 99 of the Act
of 1963, but shall operate for the purposes of those Acts as if it were made by deed
duly registered on the transfer date under or in pursuance of whichever of those Acts
may be applicable thereto,
(ii) where an order effects an extension of or in relation to any such security so
as to include future advances or future liabilities to the relevant company such extension
shall not require registration under or in pursuance of the Registration of Deeds
Act, 1707, the Bills of Sale (Ireland) Acts, 1879 and 1883, the Registration of Title
Act, 1964, or section 99 of the Act of 1963, but shall operate for the purposes of
those Acts as if it were made by deed duly registered on the transfer date under or
in pursuance of whichever of those Acts may be applicable thereto;
...
(13) ...
(
b
) An order
insofar as it provides for the transfer of any property (whether real or personal)
or any agreement or deed made pursuant to an order shall not require registration
under or in pursuance of the Registration of Deeds Act, 1707, the Registration of
Title Act, 1964, section 99 of the Act of 1963 or any other Act, but shall operate
for the purposes of those Acts as if the transfer of any property concerned were
made by deed duly registered on the transfer date under or in pursuance of
whichever of those Acts may be applicable thereto, and subject, where necessary,
to a transfer in the books of any bank, corporation or company, the property so
transferred shall become the property of and be absolutely vested in the relevant
company for all the estate, term or interest for which the same immediately before
such transfer was vested in or belonged to or was held in trust for the relevant
owner.
(
c
) An order or any
agreement or deed made pursuant to an order may, at the option of the relevant
company be registered pursuant to the provisions of the Registration of Deeds Act,
1707, the Registration of Title Act, 1964, section 99 of the Act of 1963 or any
other Act.
(14) Without prejudice to the foregoing, an order may make provision for such other
matters including the vesting in the relevant company of all or part of the business,
property, rights and liabilities of the bank concerned (including deposits in the
bank concerned and the liabilities referable thereto) and adaptation and modification,
as respects the relevant company of statutes and instruments made under statute as
the Minister considers necessary or expedient for the purposes of the reorganisation
concerned and for enabling any such reorganisation to have full effect.
...
C12
Application of Act restricted (11.04.1994) by
Finance Act 1994
(13/1994), s. 146(1), commenced as per subs. (1), as amended (4.11.2006) by
Registration of Deeds and Title Act 2006
(12/2006), s. 4(2), S.I. No. 511 of 2006.
Certificate relating to registration of title based on possession.
146.
—(1) After the passing of this Act a person shall not be registered as owner of property
in a register of ownership maintained under the Act of 1964 on foot of an application
made to the
[
Authority
]
on or after the 11th day of April, 1994, which is—
(
a
) based on
possession, and
(
b
) made under the
Rules of 1972, or any other rule made for carrying into effect the objects of the
Act of 1964,
unless the applicant produces to the
[
Authority
]
a certificate issued by the Commissioners to the effect that the Commissioners are
satisfied—
(i) that the property did not become charged with gift tax or inheritance tax during
the relevant period, or
(ii) that any charge for gift tax or inheritance tax to which the property became
subject during that period has been discharged, or will (to the extent that it has
not been discharged) be discharged within a time considered by the Commissioners to
be reasonable.
...
C13
Application of Act restricted (1.02.1990) by
Trustee Savings Banks Act 1989
(21/1989), s. 51, S.I. No. 21 of 1990 as amended (21.12.2010) by
Credit Institutions (Stabilisation) Act 2010
(36/2010), s. 73 and sch. 1 part 3 item 9, S.I. No. 623 of 2010.
Rights and obligations in relation to transferred securities.
51.
—The amalgamated bank shall, in relation to
[
any property transferred in accordance with or by virtue of the provisions of section
34A or
]
any security transferred or deemed to have been transferred to the amalgamated bank
in accordance with or by virtue of the provisions of section 50 and the moneys thereby
secured in accordance with those provisions, be entitled to the same rights and priorities
and subject to the same obligations and incidents as the bank concerned would have
been entitled and subject to if the security had continued to be held by the bank
concerned, and in relation thereto the following provisions shall have effect
(
a
) the transfer of
any such security effected or deemed to be effected by section 50 shall not
require registration under or in pursuance of the Registration of Deeds Act, 1707,
the pre-Union Irish statute 33 Geo. 2, c. 14 (Ir.), the Registration of Title Act,
1964, or section 99 of the Act of 1963, but shall operate for the purposes of
those Acts as if it were made by deed duly registered on the amalgamation day
under or in pursuance of whichever of those Acts may be applicable thereto;
(
b
) where section
50 effects an extension of or in relation to any such security so as to include
future advances by or future liabilities to the amalgamated bank, such extension
shall not require registration under or in pursuance of the Registration of Deeds
Act, 1707, the Bills of Sale (Ireland) Acts, 1879 and 1883, the Registration of
Title Act, 1964, or section 99 of the Act of 1963, but shall operate for the
purposes of those Acts as if it were made by deed duly registered on the
amalgamation day under or in pursuance of whichever of those Acts may be
applicable thereto.
C14
Application of Act restricted (1.09.1971) by
Central Bank Act 1971
(24/1971), s. 36, S.I. No. 228 of 1971, as amended (21.12.2010) by
Credit Institutions (Stabilisation) Act 2010
(36/2010), s. 73 and sch. 1 part 3 item 9, S.I. No. 623 of 2010.
Rights and obligations in relation to transferred securities.
36.
—The transferee shall, in relation to
[
any property transferred in accordance with or by virtue of the provisions of
section 34A
or
]
any security transferred or deemed to have been transferred to the transferee in
accordance with J or by virtue of the provisions of
section 35
of this Act and the moneys thereby secured in accordance with those provisions, be
entitled to the same rights and priorities and subject to the same obligations and
incidents as the transferor would have been entitled and subject to if the same had
continued to be held by the transferor, and in relation thereto the following provisions
shall have effect—
(
a
) the transfer of
any such security effected or deemed to be effected by section 35 of this Act
shall not require registration under or in pursuance of the
Registration of
Deeds Act, 1707,
the pre-Union Irish statute 33 Geo. 2, c. 14 (Ir.), the
Registration of Title Act, 1964
, or
section 99 of the Companies Act,
1963
, but shall operate for the purposes of those Acts as if it were made
by deed duly registered on the transfer date under or in pursuance of whichever of
those Acts may be applicable thereto;
(
b
) where
section 35
of this Act effects an extension of or in relation to any
such security so as to include future advances by or future liabilities to the
transferee, such extension shall not require registration under or in pursuance of
the
Registration of Deeds Act, 1707
, the
Bills of sale (Ireland) Acts,
1879 and 1883
, the
Registration of Title Act, 1964
, or
section 99
of the Companies Act, 1963
, but shall operate for the purposes of those
Acts as if it were made by deed duly registered on the transfer date under or in
pursuance of whichever of those Acts may be applicable thereto.
Editorial Notes
E1
Previous affecting provision: application of Act modified (2.10.1972) by
Land Registration Rules 1972
(S.I. No. 230 of 1972), rls. 226-227; revoked (rescinded) (1.02.2013) by
Land Registration Rules 2012
(S.I. No. 483 of 2012), rule 1, in force as per rule.
Annotations
Modifications (not altering text)
C1
Prospective affecting provisions: application of collectively cited
Registration of Deeds and Title Acts 1964 and 2006
restricted by
Minerals Development Act 2017
(23/2017), ss. 112(5) and 149(4), not commenced as of date of revision.
Mining facilities acquisition order
112.
....
(3) On the making of a mining facilities acquisition order for the purpose of acquiring
an ancillary surface right, the right is vested in the Minister on behalf of the State.
(4) On the making of a mining facilities acquisition order for the purpose of acquiring
an estate or interest in land, the estate or interest is vested in the licensee.
(5) Notwithstanding the Registration of Deeds and Title Acts 1964 and 2006, the vesting
of an ancillary surface right, estate or interest under subsections (3) and (4) that
affects registered land occurs when the order is made.
...
Rehabilitation acquisition order
149.
...
(3) On the making of a rehabilitation acquisition order for the purpose of acquiring
an estate or interest in land, the estate or interest is vested in the Minister on
behalf of the State.
(4) The vesting of an estate or interest under
subsection (3)
that affects registered land occurs when the order is made notwithstanding the provisions
of the Registration of Deeds and Title Acts 1964 and 2006.
...
C2
Application of Act extended (1.01.2016) by
Housing (Miscellaneous Provisions) Act 2014
(21/2014), s. 26(8), S.I. No. 482 of 2015.
Charging order
26.
...
(8) A charging order affecting a house which is registered land within the meaning
of the
Registration of Title Act 1964
shall be registrable as a burden affecting such land whether the person named in
the order as the owner of the land is or is not registered under that Act as the owner
of the land.
C3
Application of collectively cited
Registration of Deeds and Title Acts 1964 and 2006
restricted (15.07.2015) by
European Union (Bank Recovery and Resolution) Regulations 2015
(S.I. No. 289 of 2015), reg. 76, in effect as per reg. 1(2).
Effect of transfer by resolution order in relation to securities.
76. (1) On and after a transfer under a resolution order or a capital instruments
order, or a transfer having effect in the State in accordance with Regulation 126
in relation to property referred to in paragraph (3)(d) or (e) of Regulation 75, or
a security referred to in subparagraph (f) of that paragraph, transferred by the relevant
order or in accordance with Regulation 126—
(
a
) notwithstanding
any provision of an Act referred to in paragraph (2) or any other Act that
provides for the registration of assets or security, or any details of assets or
security, a recipient is not required to become registered as owner of the
security,
(
b
) notwithstanding
sections 62 and 64 of the Registration of Title Act 1964 (No. 16 of 1964), a
recipient has, in relation to any charge that is or is part of such a security,
the powers of a mortgagee under a mortgage by deed, even though the recipient is
not registered as owner of the charge,
(
c
) the recipient
has the powers and rights conferred on the registered owner of a charge by the
Registration of Title Act 1964, and
(
d
) where the
resolution order effects an extension of, or in relation to the security so as to
include future advances by or future liabilities to the recipient, the extension
or inclusion need not be registered under any Act referred to in paragraph (2)
under which it would otherwise be required to be registered but operates for the
purposes of those Acts as if made by deed duly registered under that Act on the
time of the transfer.
(2) The Acts referred to in paragraph (1)(a) and (d) are the following: ...
(
d
) the
Registration of Deeds and Title Acts 1964 and 2006;
...
C4
Application of collectively cited
Registration of Deeds and Titles Acts 1964 and 2006
restricted (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), reg. 42(22).
Screening for Appropriate Assessment and Appropriate Assessment of implications for
European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the Second Schedule that
provides for the consent for a plan or project to which this Regulation applies to
be obtained by default on the failure of the public authority to provide a response
within a specified timescale or otherwise, that provision shall not have effect in
respect of any plan or project to which this Regulation applies.
...
SECOND SCHEDULE
...
Registration of Deeds and Title Acts 1964 and 2006
...
C5
Application of collectively cited
Registration of Deeds and Titles Acts 1964 and 2006
restricted (28.10.2011) by
Credit Central Bank and Credit Institutions (Resolution) Act 2011
(27/2011), s. 50(1)(a), (d) and (2), S.I. No. 548 of 2011.
Effect of transfer order in relation to securities.
50.
— (1) On
and after the transfer of assets and liabilities under a transfer order, in
relation to property referred to in
paragraph (d)
or
(e)
of
subsection (4)
of
section 49
or a security referred to in
paragraph (f)
of that subsection, transferred by the order—
(
a
) notwithstanding
any provision of an Act referred to in
subsection (2)
or any other Act that
provides for the registration of assets or security, or any details of assets or
security, a transferee is not required to become registered as owner of the
security,
...
(
c
) the transferee
has the powers and rights conferred on the registered owner of a charge by the
Registration of Title Act 1964, and
(
d
) if the transfer
order effects an extension of or in relation to the security so as to include
future advances by or future liabilities to the transferee, the extension need not
be registered under any Act referred to in
subsection (2)
under which it
would otherwise be required to be registered, but operates for the purposes of
those Acts as if made by deed duly registered under that Act on the time of the
transfer.
(2) The Acts referred to in
paragraphs (a)
and
(d)
of
subsection (1)
are the
following: ...
(
d
) the
Registration of Deeds and Title Acts 1964 and 2006;
...
C6
Application of collectively cited
Registration of Deeds and Titles Acts 1964 and 2006
restricted (21.12.2010) by
Credit Institutions (Stabilisation) Act 2010
(36/2010), s. 40(1)(a), (d) and (2), S.I. No. 623 of 2010.
Effect of transfer order in relation to securities.
40.
— (1) On
and after the transfer of assets and liabilities under a transfer order, in
relation to property referred to in
paragraph (d)
or
(e)
of
section 39 (4)
or a security referred to in
paragraph (f)
of that
section, transferred by the order—
(
a
) notwithstanding
any provision of an Act listed in
subsection (2)
or any other Act that
provides for the registration of assets or security, or any details of assets or
security, a transferee is not required to become registered as owner of the
security,
...
(
d
) where the
transfer order effects an extension of or in relation to the security so as to
include future advances by or future liabilities to the transferee, the extension
need not be registered under any Act listed in
subsection (2)
under which
it would otherwise be required to be registered, but operates for the purposes of
those Acts as if made by deed duly registered under that Act on the date of
transfer.
(2) The Acts referred to in
paragraphs (a)
and
(d)
of
subsection (1)
are the
following
...
(
d
) the
Registration of Deeds and Title Acts 1964 and 2006;
...
C7
Application of collectively cited
Registration of Deeds and Titles Acts 1964 and 2006
restricted (21.12.2009) by
National Asset Management Agency Act 2009
(34/2009), s. 107(1)(c), S.I. No. 545 of 2009.
NAMA not required to register certain instruments, etc.
107.
— (1) Where a bank asset has been acquired by NAMA or a NAMA group entity—
(
a
) notwithstanding
anything in any Act listed in
subsection (2)
or any other Act that provides
for the registration of assets, security or details of them, NAMA or the NAMA
group entity is not required to become registered as owner of any security that is
part of the bank asset,
(
b
) notwithstanding
sections 62 and 64 of the Registration of Title Act 1964, NAMA or the NAMA group
entity has, in relation to any such charge, the powers of a mortgagee under a
mortgage by deed, even though NAMA or the NAMA group entity is not registered as
owner of any such charge,
(
c
) NAMA or the
NAMA group entity has the powers and rights conferred on the registered owner of a
charge by the Registration of Title Act 1964.
(2) The Acts referred to
subsection (1) (a)
are the following: ...
(
d
) the
Registration of Deeds and Title Acts 1964 and 2006;
...
C8
Application of Act restricted (21.02.2003) by
Capital Acquisitions Tax Consolidation Act 2003
(1/2003), s. 62(2), commenced on enactment, as amended (4.11.2006) by
Finance Act 2008
(3/2008), s. 128(1)(b), commenced as per subs. (2).
Certificate relating to registration of title based on possession.
62.
— ...
(2) A person shall not be registered as owner of property in a register of ownership
maintained under the Act of 1964 on foot of an application made to the
[
Authority
]
on or after the date of the passing of this Act which is—
(
a
) based on
possession, and
(
b
) made under the
Rules of 1972, or any other rule made for carrying into effect the objects of the
Act of 1964,
unless the applicant
produces to the
[
Authority
]
a certificate issued by the
Commissioners to the effect that the Commissioners are satisfied—
(i) that the property did not become charged with gift tax or inheritance tax during
the relevant period, or
(ii) that any charge for gift tax or inheritance tax to which the property became
subject during that period has been discharged, or will (to the extent that it has
not been discharged) be discharged within a time considered by the Commissioners to
be reasonable.
...
C9
Application of Act modified (22.03.2002) by
Asset Covered Securities Act 2001
(47/2001), s. 58(10), S.I. No. 94 of 2002.
Transfer of business or assets from one credit institution to another.
58.
— ...
(10) A transfer of an asset under this section, whether specifically or as part of
a transfer of a business, does not need to be registered under the Registration of
Deeds Act, 1707, the Bills of Sale (Ireland) Acts, 1879 and 1883, the Companies Act,
1963, the Registration of Title Act, 1964, and any other Act that provides for the
registration of assets or details of them. For the purposes of any of those Acts that
would apply to it but for this subsection, such a transfer has effect as a deed registered
on the date on which it took effect.
...
C10
Application of Act restricted (20.04.2001) by
Trustee Savings Banks Act 1989 (Section 57) (TSB Bank) Order 2001
(S.I. No. 175 of 2001), reg. 5(e).
CONSEQUENTIAL PROVISIONS
5. The following shall have effect with effect from the transfer date— ...
(
e
) a security
held by TSB Bank as security for a debt or other liability to TSB Bank incurred
before the transfer date shall be available to the transferee as security for the
discharge of that debt or liability and where the security extends to future or
prospective debts or liabilities, shall be available as security for the discharge
of debts or liabilities to the transferee incurred on or after the transfer date
and in relation to a security, the transferee shall be entitled to all the rights
and priorities (howsoever arising) and shall be subject to all liabilities to
which TSB Bank would have been entitled or subject to if TSB Bank had not been
reorganised into the transferee, and in relation thereto the following provisions
shall have effect;
(i) the transfer of any such security effected or deemed to have been effected by
this Order shall not require registration under or in pursuance of the Registration
of Deeds Act, 1707, the Registration of Title Act, 1964, or section 99 of the Act
of 1963, but shall operate for the purposes of those Acts as if it were made by deed
duly registered on the transfer date under or in pursuance of whichever of those Acts
may be applicable thereto;
(ii) to the extent that this Order effects an extension of or in relation to any such
security so as to include future advances or future liabilities to the transferee,
such extension shall not require registration under or in pursuance of the Registration
of Deeds Act, 1707, the Bills of Sale (Ireland) Acts, 1879 and 1883, the Registration
of Title Act, 1964, or section 99 of the Act of 1963, but shall operate for the purposes
of those Acts as if it were made by deed duly registered on the transfer date under
or in pursuance of whichever of those Acts may be applicable thereto;
...
C11
Application of Act restricted by
Trustee Savings Banks Act 1989
(21/1989), s. 57(12)(e), (13)(b)-(c), and (14), as substituted (28.03.2001) by
Trustee Savings Banks (Amendment) Act 2001
(6/2001), s. 1, commenced on enactment.
Authorisation by Minister for Finance of reorganisation of trustee savings banks into
companies.
57.
— ...
(12) An order may include provisions to the effect that— ...
(
e
) a security held
by a bank as security for a debt or other liability to the bank incurred before
the transfer date shall be available to the relevant company as security for the
discharge of that debt or liability and where the security extends to future or
prospective debts or liabilities, shall be available as security for the discharge
of debts or liabilities to the relevant company incurred on or after the transfer
date and in relation to a security, the relevant company shall be entitled to all
the rights and priorities (howsoever arising) and shall be subject to all
liabilities to which the bank would have been entitled or subject to if the bank
had not been reorganised into the relevant company, and in relation thereto the
following provisions shall have effect—
(i) the transfer of any such security effected or deemed to have been effected by
an order shall not require registration under or in pursuance of the Registration
of Deeds Act, 1707, the Registration of Title Act, 1964, or section 99 of the Act
of 1963, but shall operate for the purposes of those Acts as if it were made by deed
duly registered on the transfer date under or in pursuance of whichever of those Acts
may be applicable thereto,
(ii) where an order effects an extension of or in relation to any such security so
as to include future advances or future liabilities to the relevant company such extension
shall not require registration under or in pursuance of the Registration of Deeds
Act, 1707, the Bills of Sale (Ireland) Acts, 1879 and 1883, the Registration of Title
Act, 1964, or section 99 of the Act of 1963, but shall operate for the purposes of
those Acts as if it were made by deed duly registered on the transfer date under or
in pursuance of whichever of those Acts may be applicable thereto;
...
(13) ...
(
b
) An order
insofar as it provides for the transfer of any property (whether real or personal)
or any agreement or deed made pursuant to an order shall not require registration
under or in pursuance of the Registration of Deeds Act, 1707, the Registration of
Title Act, 1964, section 99 of the Act of 1963 or any other Act, but shall operate
for the purposes of those Acts as if the transfer of any property concerned were
made by deed duly registered on the transfer date under or in pursuance of
whichever of those Acts may be applicable thereto, and subject, where necessary,
to a transfer in the books of any bank, corporation or company, the property so
transferred shall become the property of and be absolutely vested in the relevant
company for all the estate, term or interest for which the same immediately before
such transfer was vested in or belonged to or was held in trust for the relevant
owner.
(
c
) An order or any
agreement or deed made pursuant to an order may, at the option of the relevant
company be registered pursuant to the provisions of the Registration of Deeds Act,
1707, the Registration of Title Act, 1964, section 99 of the Act of 1963 or any
other Act.
(14) Without prejudice to the foregoing, an order may make provision for such other
matters including the vesting in the relevant company of all or part of the business,
property, rights and liabilities of the bank concerned (including deposits in the
bank concerned and the liabilities referable thereto) and adaptation and modification,
as respects the relevant company of statutes and instruments made under statute as
the Minister considers necessary or expedient for the purposes of the reorganisation
concerned and for enabling any such reorganisation to have full effect.
...
C12
Application of Act restricted (11.04.1994) by
Finance Act 1994
(13/1994), s. 146(1), commenced as per subs. (1), as amended (4.11.2006) by
Registration of Deeds and Title Act 2006
(12/2006), s. 4(2), S.I. No. 511 of 2006.
Certificate relating to registration of title based on possession.
146.
—(1) After the passing of this Act a person shall not be registered as owner of property
in a register of ownership maintained under the Act of 1964 on foot of an application
made to the
[
Authority
]
on or after the 11th day of April, 1994, which is—
(
a
) based on
possession, and
(
b
) made under the
Rules of 1972, or any other rule made for carrying into effect the objects of the
Act of 1964,
unless the applicant produces to the
[
Authority
]
a certificate issued by the Commissioners to the effect that the Commissioners are
satisfied—
(i) that the property did not become charged with gift tax or inheritance tax during
the relevant period, or
(ii) that any charge for gift tax or inheritance tax to which the property became
subject during that period has been discharged, or will (to the extent that it has
not been discharged) be discharged within a time considered by the Commissioners to
be reasonable.
...
C13
Application of Act restricted (1.02.1990) by
Trustee Savings Banks Act 1989
(21/1989), s. 51, S.I. No. 21 of 1990 as amended (21.12.2010) by
Credit Institutions (Stabilisation) Act 2010
(36/2010), s. 73 and sch. 1 part 3 item 9, S.I. No. 623 of 2010.
Rights and obligations in relation to transferred securities.
51.
—The amalgamated bank shall, in relation to
[
any property transferred in accordance with or by virtue of the provisions of section
34A or
]
any security transferred or deemed to have been transferred to the amalgamated bank
in accordance with or by virtue of the provisions of section 50 and the moneys thereby
secured in accordance with those provisions, be entitled to the same rights and priorities
and subject to the same obligations and incidents as the bank concerned would have
been entitled and subject to if the security had continued to be held by the bank
concerned, and in relation thereto the following provisions shall have effect
(
a
) the transfer of
any such security effected or deemed to be effected by section 50 shall not
require registration under or in pursuance of the Registration of Deeds Act, 1707,
the pre-Union Irish statute 33 Geo. 2, c. 14 (Ir.), the Registration of Title Act,
1964, or section 99 of the Act of 1963, but shall operate for the purposes of
those Acts as if it were made by deed duly registered on the amalgamation day
under or in pursuance of whichever of those Acts may be applicable thereto;
(
b
) where section
50 effects an extension of or in relation to any such security so as to include
future advances by or future liabilities to the amalgamated bank, such extension
shall not require registration under or in pursuance of the Registration of Deeds
Act, 1707, the Bills of Sale (Ireland) Acts, 1879 and 1883, the Registration of
Title Act, 1964, or section 99 of the Act of 1963, but shall operate for the
purposes of those Acts as if it were made by deed duly registered on the
amalgamation day under or in pursuance of whichever of those Acts may be
applicable thereto.
C14
Application of Act restricted (1.09.1971) by
Central Bank Act 1971
(24/1971), s. 36, S.I. No. 228 of 1971, as amended (21.12.2010) by
Credit Institutions (Stabilisation) Act 2010
(36/2010), s. 73 and sch. 1 part 3 item 9, S.I. No. 623 of 2010.
Rights and obligations in relation to transferred securities.
36.
—The transferee shall, in relation to
[
any property transferred in accordance with or by virtue of the provisions of
section 34A
or
]
any security transferred or deemed to have been transferred to the transferee in
accordance with J or by virtue of the provisions of
section 35
of this Act and the moneys thereby secured in accordance with those provisions, be
entitled to the same rights and priorities and subject to the same obligations and
incidents as the transferor would have been entitled and subject to if the same had
continued to be held by the transferor, and in relation thereto the following provisions
shall have effect—
(
a
) the transfer of
any such security effected or deemed to be effected by section 35 of this Act
shall not require registration under or in pursuance of the
Registration of
Deeds Act, 1707,
the pre-Union Irish statute 33 Geo. 2, c. 14 (Ir.), the
Registration of Title Act, 1964
, or
section 99 of the Companies Act,
1963
, but shall operate for the purposes of those Acts as if it were made
by deed duly registered on the transfer date under or in pursuance of whichever of
those Acts may be applicable thereto;
(
b
) where
section 35
of this Act effects an extension of or in relation to any
such security so as to include future advances by or future liabilities to the
transferee, such extension shall not require registration under or in pursuance of
the
Registration of Deeds Act, 1707
, the
Bills of sale (Ireland) Acts,
1879 and 1883
, the
Registration of Title Act, 1964
, or
section 99
of the Companies Act, 1963
, but shall operate for the purposes of those
Acts as if it were made by deed duly registered on the transfer date under or in
pursuance of whichever of those Acts may be applicable thereto.
Editorial Notes
E1
Previous affecting provision: application of Act modified (2.10.1972) by
Land Registration Rules 1972
(S.I. No. 230 of 1972), rls. 226-227; revoked (rescinded) (1.02.2013) by
Land Registration Rules 2012
(S.I. No. 483 of 2012), rule 1, in force as per rule.
PART I
Preliminary and General
Section
1.
Short title.
2.
Commencement.
3.
Interpretation.
4.
Expenses.
(Repealed)
5.
Repeals.
6.
Continuance of existing officers, offices, registers, instruments and documents.
PART II
Land Registry, Registers, the Authority and Jurisdiction
7.
Land Registry.
8.
Registers of ownership.
9.
The Authority.
(Repealed)
10.
Local registrars.
(Repealed)
11.
Relations of the Authority and
local registrars.
(Repealed)
12.
Officers of central and local
offices.
(Repealed)
13.
Exercise of powers of the
Authority.
(Repealed)
14.
Fees.
(Repealed)
15.
Official seals.
(Repealed)
16.
Powers of the Authority.
17.
Proceedings by and against the
Authority.
(Repealed)
18.
The court.
19.
Appeal and reference to the court.
20.
Enforcement by High Court of order of the Authority.
21.
The Authority to obey order of court.
22.
Power of court in action for specific performance.
PART III
Registration of Ownership
23.
Compulsory registration.
24.
Extension of compulsory registration.
25.
Effect of failure to register where registration compulsory.
26.
Registration by Land Commission.
27.
Classes of owners who may be
registered.
(Repealed)
28.
Land certificate.
(Repealed)
29.
Rectification on amendment of vesting order.
30.
Fraudulent dispositions and entries.
31.
Conclusiveness of register.
32.
Rectification of errors in registration.
33.
Classes of title which may be registered.
34.
Registration of burdens.
35.
Registration subject to, or free from, equities.
36.
Effect of previous registration with qualified or possessory title.
37.
Effect of registration with absolute title.
38.
Effect of registration with possessory title.
39.
Effect of registration with qualified title.
40.
Classes of title which may be registered.
41.
Registration of burdens.
42.
Previous registration with, and without, note as to lessor’s title.
43.
Effect of previous registration with qualified or possessory title.
44.
Effect of registration with absolute title.
45.
Effect of registration with good leasehold title.
46.
Effect of registration with possessory title.
47.
Effect of registration with qualified title.
48.
Transfer of land from leasehold to freehold register.
49.
Registration of title acquired by possession.
49A.
Registration of easements and
profits à prendre
in certain cases.
50.
Conversion of registered title into absolute or good leasehold.
51.
Transfer of registered land.
52.
Effect of transfer of freehold land with absolute title.
53.
Effect of transfer of freehold land with possessory title.
54.
Effect of transfer of freehold land with qualified title.
55.
Effect of transfer of leasehold interest with absolute title.
56.
Effect of transfer of leasehold interest with good leasehold title.
57.
Effect of transfer of leasehold interest with possessory title.
58.
Effect of transfer of leasehold interest with qualified title.
59.
Saving of consent to alienation, etc.
60.
Defeasance of registered owner’s estate.
61.
Transmission of registered land from limited owner and on death.
62.
Creation and effect of charge on registered land.
63.
Saving for mortgages registered as charges.
64.
Transfer of charge.
65.
Discharge of registered charge.
66.
Transmission, etc., of charge.
67.
Restriction on custody of land certificate by registered owner of a charge.
68.
Creation and effect of subordinate rights and interests.
69.
Burdens which may be registered as affecting registered land.
70.
Registration of ownership of burdens.
71.
Registration of judgment mortgages.
72.
Burdens which are without registration to affect registered land.
73.
Mines, minerals, and mining rights.
74.
Priority of registered burdens.
75.
Priority of registered charge for future advances.
76.
Power of charging to be exercised by registered charge.
77.
Powers with respect to statutory charges.
78.
Term of years vested in trustee for raising money out of registered land.
79.
Term of years vested in trustee for raising money, or mortgage, prior to first registration.
80.
Provisions as to incumbrances created or issued by company and not registered or protected.
81.
Right of residence.
82.
Note of rights appurtenant to land.
83.
Register of ownership.
84.
Registry maps.
85.
Description of registered land.
86.
Entry of boundaries in certain cases.
87.
Entry of boundaries by agreement.
88.
Settlement of boundaries on transfer.
89.
Meaning of owner of unregistered land in regard to boundaries.
90.
Powers of person entitled to be registered as owner of land or charge.
91.
Undivided shares and co-owners.
92.
Notice of trusts.
93.
Discovery of instruments and facts affecting title.
94.
Production of deeds.
95.
Deeds to be marked with notice of registration.
96.
Caution against first registration of land.
97.
Caution against registered dealings.
98.
Inhibition of registered dealings.
99.
Provisions as to limited
owners.
(Repealed)
100.
Power for trustee to apply to court for directions.
101.
Infants.
(Repealed)
102.
Persons of unsound mind.
103.
Provisions as to bankruptcy of registered owner.
104.
Stamp duties.
105.
Certificates.
106.
Addresses and notices.
107.
Searches of registers and maps.
108.
Priority of certain applications for registration.
PART IV
Devolution on Death and Descent on Intestacy
109.
Application of Part IV.
(Repealed)
110.
Devolution of registered
land.
(Repealed)
111.
Succession to beneficial
interest in registered land on intestacy.
(Repealed)
112.
Abolition of rules of descent
in relation to registered freehold land.
(Repealed)
113.
Saving for deaths before
commencement of this Act.
(Repealed)
114.
Meaning of
“
heirs
”.
(Repealed)
PART V
Miscellaneous Provisions
115.
Avoidance of certain stipulations in contracts for sale or charge of registered land.
116.
Exemption of land from registration in Registry of Deeds.
117.
Exemption from registration elsewhere of burdens registered under this Act.
118.
Indemnity of the Authority.
119.
Penalties for fraud.
120.
Compensation for error, forgery or fraud in relation to registration.
121.
Inhibition in consequence of discovery of error.
122.
Owner of land with possessory title not a trustee under
Statute of Limitations, 1957
.
123.
Effect of words of transfer.
124.
Power of Peace Commissioners to take affidavits.
124A.
Evidence in proceedings.
125.
Registration of land below high-water mark.
126.
Power to make rules and orders.
127.
Saving for
bona vacantia
.
SCHEDULE
REPEALS
Number
16
of
1964