1.1 Scope of Practice Direction (PD) This PD encompasses procedures to be followed when an application is made for the entry of a Priority Entry on the register. The Priority Entry replaces the former application for Priority Search.
1.2 Sections of the Act and Rules applicable
- Section 108, Registration of Title Act, 1964
- Section 66, Registration of Deeds and Title Act 2006
- Rules 161 to 163, Land Registration Rules 2012 “LR Rules, 2012”
1.3 Acts Commonly Cited
- Registration of Title Act, 1964 “the 1964 Act”
- Registration of Deeds and Title Act 2006 “the 2006 Act”
A Priority Entry may be applied for by a person who has entered a contract to purchase, or take a lease of or lend money on the security of a charge on registered land (section 108 (1) of the 1964 Act as substituted by Section 66 of the 2006 Act; Rule 161 of the LR Rules, 2012.
The Priority Entry should only affect the property the subject of the contract. Where part only of a Folio is affected, a map should be lodged or other sufficient identification in accordance with Rule 56 of the LR Rules, 2012. If the Land Registry Map is maintained in digital form, an “ITM Title Plan” or an OSi “Land Registry Compliant Map” will be required.
The relevant Forms used to register the Priority Entry are contained in the LR Rules, 2012. Appendix refers. The fee payable is €40 (item 28, Land Registration (Fees) Order 2012, S.I. 380 of 2012).
3. Applying for a Priority Entry
An application in LR Form 93 must be lodged together with a map (if required) and the prescribed fee. The form should be suitably amended where only a part of the folio is affected. The application must confirm that the notice in LR Form 94 was served on the other party to the contract.
4. Registration of a Priority Entry
Priority Entries should, if in order, and if at all possible, be completed on the same day they are lodged. If not in order, the application should be rejected. The following entry (LR Form 95) is to be entered on the relevant folio:
“The [part of the] property [shown as Plan..] is subject to the priority to be conferred by section 108 of the Registration of Title Act 1964 as substituted by section 66 of the Registration of Deeds and Title Act 2006”.
On completion of the application, a “Completion Notice” is to issue to the lodging party. The Priority Entry protects the intended purchaser, lessee or chargee for 44 days from the date of registration.
5. Lodgement of dealing protected by Priority Entry
To obtain the priority given by section 108 (2), as amended, the applicant must lodge his or her application for registration within the priority period of 44 days. Where the transaction protected by the Priority Entry is lodged within the priority period it will be registered as of the date of lodgement of the transaction and will rank in priority before any other application for registration made in respect of the land within that period.
6. Lodgement of other dealing during the priority period
Such dealing(s) if they are prima facie in order must be accepted for registration. If the transaction protected by the Priority Entry is not lodged within the priority period it loses the priority conferred by the Priority Entry. The pending dealing may then be registered.
Determination of the priority will be arrived at on the expiry of the period of the Priority Entry (i.e. 44 days from the date of registration of the Priority Entry). A second or further Priority Entry in respect of the same transaction covers a new priority period. It does not revive or continue the period of priority of the first Priority Entry.
An applicant for registration on a folio showing an unexpired Priority Entry is to be notified of the existence of such entry and to be referred to Rules 162 and 163 of the LR Rules, 2012. The decision to reject a dealing during the period of a Priority Entry should rest with the Higher Executive Officer. A note of this rejection should be entered in the “Additional Information” of the relevant Folio.
On the termination of a Priority Entry, when the transaction protected by the Priority Entry is not lodged for registration, the date of registration of any other pending dealing affecting the property and lodged during the priority period is the date of lodgement in the Registry (Rule 58, L.R. Rules, 2012).
7. Cancellation of entries
Priority Entries should be cancelled either on lodgement of the application for registration of the protected dealing, or, when the 44 day period has expired (pursuant to Rule 6, LR Rules 2012).
Property Registration Authority
1st December 2009
(Updated 1 February 2013)
Form 93(Application for entry of priority entry pursuant to Section 108 of the Act (Rule161)).
Form 94(Notice of application for registration of a priority entry pursuant to Section 108 of the Act (Rule161)).