S.I. No. 483/2012 – Land Registration Rules 2012
View the complete Land Registration Rules 2012 PDF
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 7th December, 2012.
The Land Registration Rules
| CONTENTS | |
|---|---|
| Subject Matter | Rule |
| Preliminary | |
| Commencement | 1 |
| Interpretation | 2 |
| PART 1 | |
| The Registers and the Registry Offices | |
| Form and contents of registers | 3 |
| Manner of registration | 4 |
| Revision of folios of registers | 5 |
| Formal alterations of register and cancellation of determined entries | 6 |
| Correction of errors | 7 |
| Description of property | 8 |
| Indexes | 9 |
| Closing of register in resphttp://LR Rule 8ect ofhttp://LR Rule 8 charge | 10 |
| PART 2 | |
| Applications for Registration | |
| Applications for registration | 11 |
| Applications not in order | 12 |
| Additional evidence and enquiries | 13 |
| PART 3 | |
| First Registration, Conversion of Possessory and Qualified Titles and other Registrations involving Examinations of Title of Persons to Unregistered Interests in Registered Property | |
| First registration | |
| Application for first registration | 14 |
| Documents to accompany application for registration of ownership of freehold property | 15 |
| Documents to accompany application for registration of ownership of leasehold interests and of rights other than incorporeal hereditaments held in gross | 16 |
| Application for first registration based on possession | 17 |
| Examination of title | 18 |
| Modification of examination of title | 19 |
| Application by Minister for Agriculture, Food and the Marine for registration with possessory title | 20 |
| Application by local authority under statutory powers for first registration of purchaser | 21 |
| Documents to be lodged on registration procured by the Minister for Agriculture, Food and the Marine | 22 |
| Transfers to registers of recorded property | 23 |
| Registration of recorded property | 24 |
| Entry of easement or profit á prendre as part of description of property registered | 25 |
| Property acquired under the Land Purchase Acts and on exchange | 26 |
| Notice of statutory restrictions | 27 |
| Entries relative to mines and minerals | 28 |
| Apartment, flat, floor, cellar, tunnel, mines and minerals, soil, subsoil, attic, airspace or foreshore | 29 |
| Form of caution against first registration and affidavit in support of it | 30 |
| Time for objection and form of notice on cautioner | 31 |
| Conversion of title | |
| Application where ownership registered 30 years | 32 |
| Application where ownership registered 12 years under transfer for value | 33 |
| Application where property acquired on sale or by a statutory authority and value does not exceed €1,000,000 | 34 |
| Other applications for conversion of possessory title | 35 |
| Examination of title to interests protected by registration with a possessory title | 36 |
| Conversion of registered title in cases under Section 50(2) of the Act | 37 |
| Notice, advertisement and enquiries before such conversions | 38 |
| Application for conversion of qualified title | 39 |
| Notice of intended conversion to be given | 40 |
| How burdens ascertained entered on conversion | 41 |
| How register made conformable with titles ascertained | 42 |
| Where deeds are deposited to create a lien | 43 |
| Other examinations of title outside register | 44 |
| Title acquired by possession to registered property | |
| Title to registered property acquired by possession | 45 |
| Acquisition of easements and profits by prescription | |
| Acquisition of easements and profits by prescription | 46 |
| General provisions relative to first registration and applications requiring an examination of title of unregistered interests | |
| Form of affidavit of discovery | 47 |
| First registration of tenants in common | 48 |
| First registration of trustee owner | 49 |
| Notice to be given of proposed registration | 50 |
| Date of registration | 51 |
| PART 4 | |
| Dealings with Registered Property | |
| General | |
| Form of instruments | 52 |
| Applications or instruments in improper form | 53 |
| Evidence of execution of instruments | 54 |
| Evidence of execution of instrument by attorney | 55 |
| Identification of part of registered property transferred | 56 |
| Presentation of dealing for registration | 57 |
| Priority of dealings received for registration | 58 |
| Notice in register of pending registration | 59 |
| Date of registration | 60 |
| Amendment of instrument and priority of amended instrument | 61 |
| Stamp certificate issued by Revenue Commissioners | 62 |
| Registration of a tenant in common | 63 |
| Registration of trustee owner | 64 |
| Application by registered owner for amendment of folio | 65 |
| Application for registration of trustees | 66 |
| Transfers | |
| Forms of transfer | 67 |
| Form of lease | 68 |
| Registration of transferee who is a trustee | 69 |
| Registration under a transfer or vesting order on sale in execution of order of court | 70 |
| Effect of covenant to pay rent or indemnify may be noted in register | 71 |
| Registration of purchaser from personal representative of owner discharged from judgment mortgage on interest of beneficiary | 72 |
| Registration under grant reserving rent | 73 |
| Registration of companies | 74 |
| Registration under transfer over-reaching estate or interest of registered owner | 75 |
| Notice of application for registration under transfer over-reaching estate or interest of registered owner | 76 |
| Cancellation of burdens on transfer over-reaching the estate or interest of registered owner | 77 |
| Notice of cancellation of burdens on transfer over-reaching the estate or interest of registered owner | 78 |
| Registration of transfer under power of sale | 79 |
| Registration of trustees or assignees of bankrupt owner and re-registration of the owner | 80 |
| Registration of transferee of local authority under statute | 81 |
| Registration of local authority under statute | 82 |
| Registration of dispositions of recorded property | 83 |
| Registration of new trustee of friendly society | 84 |
| Transmission on death | |
| Application for registration where registered owner died prior to 1st June 1959 | 85 |
| Applications for registration where registered owner diedon or after 1st June, 1959 | |
| Assent by personal representative(s) on death testate to registration of person entitled; application of person entitled for registration | 86 |
| Transfer by personal representative(s) on death testate to person entitled | 87 |
| Application for registration by a person, other than the personal representative, entitled on intestacy | 88 |
| Application for registration by personal representative(s) entitled on intestacy | 89 |
| Application for registration on death of person entitled to but not registered as owner | 90 |
| Transmission on death of owner of charge or other burden | 91 |
| Note of death of registered owner | 92 |
| Application for registration of successor of limited owner | 93 |
| Application for registration by survivor or survivors of joint tenants | 94 |
| Court orders & burdens generally | |
| Registration pursuant to court order | 95 |
| The assent to registration of burdens that is to be given by persons other than the owner | 96 |
| How assent to registration of burden is to be given | 97 |
| How burden may be entered | 98 |
| Note in register where statutory priority for burden claimed | 99 |
| Instrument creating two or more burdens and priority thereof | 100 |
| Evidence on which a burden may be cancelled or modified | 101 |
| Application for cancellation of charge by electronic means | 102 |
| Application for cancellation of Property Adjustment Order | 103 |
| Where burden may be cancelled as extinguished | 104 |
| Charges | |
| Forms of charge, transfer of charge and release | 105 |
| Registration of charge created by a company | 106 |
| Crystallised charge as burden | 107 |
| Sub-charges | 108 |
| Dealing with mortgage created prior to first registration where registered | 109 |
| Judgment mortgages | |
| Registration of judgment mortgage | 110 |
| Evidence on registration of judgment mortgage | 111 |
| Notice of registration of judgment mortgage | 112 |
| Application to cancel entry of judgment mortgage on grounds of invalidity | 113 |
| Cancellation of entry of judgment mortgage validly registered | 114 |
| Other burdens | |
| Lease | 115 |
| Power to charge and trust to secure money | 116 |
| Lien for unpaid purchase money | 117 |
| Judgment or order of court | 118 |
| Lis pendens | 119 |
| Recognisances, bonds and judgments | 120 |
| Easement or profit á prendre | 121 |
| Cautions and inhibitions against registration of dispositions | |
| Form of caution, affidavit or certificate in support and notice | 122 |
| Warning notice to cautioner | 123 |
| Application by registered owner for discharge of caution | 124 |
| Procedure on appearance by cautioner to a warning notice | 125 |
| Withdrawal of caution or consent of cautioner to dealing | 126 |
| Lapse of caution | 127 |
| Form of inhibition | 128 |
| Entry of inhibition on consent | 129 |
| Application for inhibition where there is no consent | 130 |
| Procedure on application for inhibition | 131 |
| Procedure on objection to inhibition | 132 |
| Modification or discharge of registered inhibition | 133 |
| Application in anticipation of dealing inhibited without Authority’s order or approval | 134 |
| Procedure on lodgment of dealing inhibited without notice to specified persons | 135 |
| Inhibition under order of court | 136 |
| Other entries | |
| Entry of notice of burdens that affect without registration | 137 |
| Entry of notice of exemption from burden under Section 72(2) of the Act | 138 |
| Entry of conclusiveness of a boundary of property | 139 |
| Entry of boundary ascertained by Land Judges conveyance | 140 |
| Entry of boundary by agreement | 141 |
| Settlement of boundary on transfer | 142 |
| Removal of description of infancy | 143 |
| Entry in register on conversion of a registered renewable lease | 144 |
| Limited Ownership | 145 |
| PART 5 | |
| Miscellaneous | |
| Registry maps | |
| Form of Registry maps | 146 |
| Contents of Registry maps | 147 |
| Minors & persons of unsound mind | |
| Persons who may represent minors | 148 |
| Appointment of person to represent a minor | 149 |
| Appointment of person to represent person of unsound mind | 150 |
| Deeds and documents | |
| Lodgment of documents subject to lien | 151 |
| Documents that are to be retained in Registry and that may be delivered | 152 |
| Delivery of documents relating to unregistered property | 153 |
| Endorsement of documents delivered | 154 |
| Delivery of documents to solicitor for production in court or taxation purposes | 155 |
| Transmission of documents to court | 156 |
| Application for transmission of document to a County Registrar | 157 |
| County Registrar custodian of document transmitted | 158 |
| Inspection of filed documents and obtaining copies thereof | 159 |
| Searches in the registers and registry maps | |
| Official search | 160 |
| Priority entry | 161 |
| Effect of priority entry | 162 |
| Priority where two or more priority entries are made | 163 |
| Solicitor or other person not liable for error in official search | 164 |
| Searches by public | 165 |
| Proceedings in the Registry | |
| Proceedings not to abate | 166 |
| Evidence in proceedings | 167 |
| Affidavits and statutory declarations in proceedings | 168 |
| Form of notices issued | 169 |
| Service of notices | 170 |
| Every notice served | 171 |
| Procedure on return of notice sent by post | 172 |
| Personal service of notice, summons or order | 173 |
| How questions determined | 174 |
| Summons by Authority | 175 |
| Powers of Authority under Sections 16 and 94 of the Act | 176 |
| Costs of proceedings before Authority | 177 |
| Enforcement of order for costs | 178 |
| Recording of decisions of Authority | 179 |
| Procedure on Appeals to Court | 180 |
| Reference of questions to court | 181 |
| General powers of Authority | 182 |
| Power to treat proceedings as abandoned | 183 |
| PART 6 | |
| Compensation Payable out of the Central Fund | |
| To whom application for compensation is to be made | 184 |
| Contents of application for compensation | 185 |
| PART 7 | |
| Registrations in the Register maintained under Section 8(b) of the Act and Exchanges of Holdings under Section 46 of the Land Act, 1923 | |
| Rights in land which may be registered | 186 |
| Incorporeal hereditaments held in gross | 187 |
| Application of the Act to incorporeal hereditaments held in gross | 188 |
| Application of the Act to rights other than incorporeal hereditaments held in gross | 189 |
| Exchanges under Section 46 of the Land Act, 1923 | 190 |
| Effect of registration on exchange | 191 |
| Registration with possessory title | 192 |
| Notices to be given | 193 |