Form 2 – Application for First Registration of a Leasehold documentary title

Form 2 Checklist

Please consider the benefits of using a Form 3 where appropriate.

Application for First Registration of Leasehold Title based on documentary title. See Practice Directions for more information on cases that can be lodged using a Form 2.

• Completed Form 17
• Exact Fees

The document must be an affidavit in Form 2 of the current Land Registry Rules made by:

• the applicant
  or
• in the case of a company, by the Secretary or Law Agent.
• If your title commences with a Fee Farm Grant or a Lease, you must state this fact at the beginning of your statement of title.
• Part 3 of the affidavit must contain a concise statement of title Rule 16, starting with the root of title and giving, in chronological order, a summary of the documents, events and facts upon which the applicant’s claim to title is based.
• The affidavit must be fully executed and properly attested.

• The ‘Schedule of Documents’ must list each document lodged with your application.
• You must lodge two copies of the Schedule of Documents with your application.

An application map that complies with the requirements as set out in the in the Mapping Guidelines.

Where the application is for a multistorey registration, a location map, in addition to a map of the property, must be lodged.

• You must lodge all original Title Deeds, Charges etc. and all other supporting documents relating to the application including the Original Lease or Fee Farm Grant where appropriate.
• You must lodge all necessary searches:
  • Judgment Office searches for the past 5 years against all parties on title.
  • Registry of Deeds searches against all parties on title.
  • Companies Office searches where appropriate.
• Where there is a mortgage to be registered you must lodge a certificate by the solicitor for the mortgagee to the effect, if such be the case, that there have been no acts affecting the property the subject of the mortgage by the mortgagee since the date of the mortgage.

Leasehold titles not capable of registration

If the unexpired residue of the term granted in the Lease does not exceed 21 years, the title to the Lease cannot be registered on a new Leasehold Folio. Therefore, in cases where the residue of the term is approaching 21 years and registration is required, attention should be drawn to the fact on lodgment and care should be taken to present the application in a way that will ensure no rulings are necessary.

There is an amended definition of a “Leasehold interest” inserted into Section 3 of the Registration of Title Act 1964 amended by Section 50 of the 2006 Act. In addition Section 59 and 60 of the 2006 Act amends Section 69(1) (g) and section 72(1) (i) of the Registration of Title Act 1964 . Therefore the title to Leases for less than 21 years, if prescribed, may be registered on a new Leasehold Folio under Section 3 and 70 of the Registration of Title Act 1964 as amended. To date this prescription has not been enacted and titles to Leases for less than 21 years are not capable of registration.

Please note the following:

Any ambiguity throughout the documentation will have to be queried by Tailte Éireann. The effect of the deed should be clear and unambiguous.  Please also ensure consistency across the documentation in such things as the spelling of names and addresses, Folio numbers and property descriptions.  You may wish to preempt a query by explaining any discrepancies (e.g. maiden names/married names, etc.).