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STATUTORY INSTRUMENTS.
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S.I. No.
175 of 2000
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LAND REGISTRATION RULES, 2000.
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LAND
REGISTRATION RULES, 2000.
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1. (1) These Rules may be
cited as the Land Registration Rules, 2000.
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(2) These Rules and the
Land Registration Rules 1972 to 1986 may be cited together as the Land
Registration Rules 1972 to 2000.
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(3) These Rules and the
Land Registration Rules 1972 to 1986 shall be construed together as one.
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(4) In these Rules, “the
Rules of 1981”, means the Land Registration Rules, 1981.
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2. These Rules shall come
into operation on 1st day of August, 2000.
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3. Subrules
(2) and (3) of Rule 19 of the Land Registration Rules, 1972 (as amended by
the Rules of 1981) are hereby amended by the substitution of “£250,000” for
“£50,000” whenever “£50,000” occurs in those subrules.
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4. Rule 19 of the Land
Registration Rules, 1972 (as amended by the Rules of 1981) is hereby amended
by the substitution of the following for subrule
(4) of that Rule:
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“(4) Where property is acquired by a statutory
authority and the purchase money or compensation paid therefor
does not exceed £250,000 the Registrar may dispense with the official
examination of the title and may register the statutory authority with
absolute title or good leasehold title on production of a certificate by the
solicitor for such authority in Form 3 adapted as the case may require and
provided that—
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(a) the application is signed by the
solicitor for the statutory authority, and
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(b) the application is accompanied by a
plan of the property drawn on the current largest scale map published by the
Ordnance Survey”.
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5. Subrule
(1) of Rule 35 of the Land Registration Rules, 1972 (as amended by the Rules
of 1981) is hereby amended by the substitution of “£250,000” for “£50,000”
wherever “£50,000” occurs in that subrule.
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6. Form 15 of the Schedule
of Forms to the Land Registration Rules, 1972 (as amended by the Rules of
1981) is hereby amended by the substitution of “£250,000” for “£50,000”
wherever “£50,000” occurs in that Form.
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7. The Schedule of Forms
to the Land Registration Rules, 1972 is hereby amended by the insertion as
Form 3 in that Schedule of Forms, in lieu of the Form inserted by Rule 5 of
the Rules of 1981, of the following Form:
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“
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FORM 3
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Application
for first registration where purchase money or compensation does not exceed
£250,000 (Rule 19(3) (4))
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LAND REGISTRY
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1. I, _____________________________________ am
the solicitor for (insert full name and correct description of the
applicant) who is applicant for registration as owner.
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2. I have investigated the
title to the property described in the conveyance dated the _____________
day of __________________, (or, other instrument) lodged herewith.
The property in or over which the estate or interest acquired by the
conveyance (or, other instrument) exists is shown on the map endorsed
thereon (or, is shown on the ordnance map lodged herewith and thereon
edged ___________________________).
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3. As the result of my
investigation of the title, I certify that the conveyance (or,
instrument) conveyed (or, vested) the fee simple in the property
(or, the lessee's interest in a lease, dated the _______________ day
of ________________ from ______________ to ___________________ in the
property for _____________________ years, an attested copy of which is
lodged herewith, or, other right acquired in the property) in the
applicant, free from any adverse rights, restrictive covenants or
encumbrances, except those subject to which the conveyance (or,
instrument) expressly conveyed the property.
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4. I certify that the said
property remains free from any adverse rights, restrictive covenants or incumbrances (other than those already referred to at
Paragraph 3 hereof) and that there is not at the date of this certificate
any transaction which affects or may affect the said property other than as
stated therein.
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5. The purchase money of (or,
the compensation for) the property did not exceed £250,000. The whole of it
has been paid to the person (or, persons) entitled thereto or
authorised to give receipts therefor.
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6. I apply for
registration of the applicant as full owner with absolute title, (or,
good leasehold title) and for the registration as burdens of the following
rights appearing from the said conveyance (or, instrument) to affect
the ownership:
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Dated the _______ day of
______ 20_______
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Signature
______________________
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”.
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8. The Land Registration
Rules, 1972 are hereby amended by the substitution of the following for Rule
82 of those Rules:
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Registration of trustees
or assignees of bankrupt owner: and re-registration of the owner
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“82. (1) The assignees in bankruptcy of a
registered owner who has been adjudicated a bankrupt may be registered as
owners in his place, or, where he is registered limited owner, as assignees
of his estate or interest, on production in the Registry of an office copy
of the certificate of the vesting of the estate and effects in the
assignees, endorsed as prescribed by this rule.
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(2) A bankrupt whose
trustee, appointed under the Bankruptcy (Ireland) Amendment Act, 1872, or
assignees are registered as owners of his registered property may be
re-registered as owner or, where he is a limited owner, the entry of the
assignees or trustees as assignees of his limited estate or interest may be
cancelled, on production in the Registry of the revesting
deed.
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(3) An arranging debtor
whose trustees are registered as owners of his registered property may be
re-registered as owner or, where he is a limited owner, the entry of the
trustees as assignees of his limited estate or interest may be cancelled, on
production in the Registry of an office copy of the order of the court under
section 85 of the Bankruptcy Act, 1988 , endorsed as prescribed by this
rule.
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(4) Every order,
certificate, resolution or agreement or office copy thereof, produced for
the purposes of a registration referred to in this rule, shall have endorsed
thereon a certificate by the Official Assignee in Bankruptcy or the trustee
identifying the bankrupt or arranging debtor named in the order or
certificate with the registered owner named in a specified folio of the
register whose property is sought to be transferred. Where the application
is for the re-registration of the person who was the bankrupt or arranging
debtor, it shall be accompanied, in the case of a bankruptcy by the
re-vesting deed or, in the case of an arrangement by an office copy of the
order of the court under section 85 of the Bankruptcy Act, 1988 or, where
applicable, the written consent of the trustee to the re-registration”.
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We, the Registration of
Title Rules Committee, constituted pursuant to the provisions of section 73
of the Courts of Justice Act, 1936 , in exercise of the powers conferred on
us by section 126 of the Registration of Title Act, 1964 , with the
concurrence of the Minister for Justice, Equality and Law Reform, do hereby
make the foregoing Rules.
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DATED this 1st day of June,
2000.
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MELLA CARROLL, Judge of the High Court.
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JAMES DWYER, Senior Counsel.
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RORY McENTEE, Solicitor.
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CATHERINE TREACY, Registrar of Titles.
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I, JOHN O'DONOGHUE,
Minister for Justice, Equality and Law Reform, in exercise of the powers
conferred on me by section 126 of the Registration of Title Act, 1964 ,
hereby concur in the making of the foregoing Rules.
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GIVEN under my Official Seal, 13th June, 2000.
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JOHN O'DONOGHUE
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Minister for Justice, Equality and Law Reform.
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EXPLANATORY
NOTE.
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(This note is not part
of the Instrument and does not purport to be a legal interpretation.)
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These Rules, which come
into effect on the 1st day of August, 2000, provide for the amendment of the
Land Registration Rules 1972 to 1986.
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The Rules provide for the
amendment of Rules 19, 35 and 82 and Forms 3 and 15 of the Land Registration
Rules 1972.
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