Property Adjustment Order ROD – Legal Office Notice No. 1 of 2009
Property Adjustment Orders – Registry of Deeds
Section 9(4) of the Family Law Act 1995 and section 14(4) of the Family Law (Divorce) Act 1996 provide for the registration of property adjustment orders affecting unregistered land in the Registry of Deeds.
Sections 74 and 75 of the Civil Law (Miscellaneous Provisions) Act 2008 [the 2008 Act] insert new subsections in sections 9 and 14 which provide that the Property Registration Authority on being satisfied that a property adjustment order has been complied with, shall note such compliance in the Registry of Deeds.
The Authority shall note compliance with the order on lodgement of any one of the following;
1. Where the property is transferred on foot of the Property Adjustment Order: Application to be made by Solicitor’s certificate in ROD Form 13 in the appendix hereto or by the claimant in ROD Form 14
2. Where the consents of the affected parties are furnished confirming that the terms of the order have been satisfied. Application to be made in ROD Form 15 of the appendix
3. Production of Certificate from the Court Registrar confirming that the terms of the property adjustment order has been complied with in so far as the property is concerned. The relevant Book, Page and Number or Serial Number should be specified in the Certificate
On registration the notation ‘complied with’ or ‘partially complied with’ as appropriate is to be entered opposite the relevant registration in the register maintained in the Registry of Deeds. The entry is to include the date of the order, date of registration and serial number.
The 2008 Act also inserts new subsections (8) to section 18 of the Family Law Act 1995 and to Section 22 of the Family Law (Divorce) Act 1996 which provide that where a property adjustment order affecting unregistered land which has been registered is varied, discharged, suspended or revived by a subsequent order and the subsequent order is duly lodged for registration, the position is to be noted in the Registry of Deeds
Such subsequent orders must specify the relevant Book, Page and Number or Serial Number.
On registration the notation ‘discharged’ or ‘varied’ or as appropriate is to be entered at the foot of the relevant registration in the register maintained in the Registry of Deeds. The entry is to include the date of the order, date of registration and serial number.
In case of doubt or difficulty the application is not to be rejected but is to be referred to the Deputy Registrar for direction.
27th of January 2009.