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S.I. No. 568 of
2007
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LAND REGISTRATION
RULES 2007
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Notice of the
making of this Statutory Instrument was published in
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“Iris Oifigiúil”
of 7th August, 2007.
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1. (1)
These Rules may be cited as the Land Registration Rules, 2007.
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(2) These
Rules and the Land Registration Rules 1972 to 2006 may be cited together as
the Land Registration Rules 1972 to 2007.
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(3) These
Rules and the Land Registration Rules 1972 to 2007 shall be construed
together as one.
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2. These
Rules shall come into operation on the 1st day of September 2007.
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Registration of a caution
where deeds are deposited to create a lien.
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3. The Land Registration
Rules 1972 are amended by the substitution of the following for Rule 44 of
those Rules:
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“44. Where, on the
conversion of a possessory or qualified title, it
appears that a lien created by deposit of the title deeds to the property
prior to its first registration is a right affecting it, and no burden
created after the deposit is registered, the Authority shall register a
caution restricting all dealings with the property without prior notice to
the party with whom the deeds have been deposited.”
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4. Rule 57
of the Land Registration rules 1972 is amended by the deletion of the words
“and the name of his solicitor, if it is to be re-issued to his solicitor”
at paragraph (e) of subrule (1).
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5. Rule 103
of the Land Registration Rules 1972 is amended by the substitution of the
following for paragraph (d) of subrule (1):
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“(d) concurrence in the
registration of the following burdens shall be given by the Authority
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(i)
a burden created under a statute or statutory power or under a power
registered as a burden or under a trust for securing money registered as a
burden,
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(ii) a burden created by
trustees in exercise of a power under a settlement under which a limited
owner is registered,
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(iii) any burden specified
in paragraph (h) or (i) of sub-section (1) of
section 69 of the Act.
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(iv) a lien registered as a
burden pursuant to section 73 of the Act of 2006.”
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Certificates already
issued.
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6. The Land Registration
Rules 1972 are amended by the substitution of the following for Rule 158 of
those Rules:
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“158. Nothing in these
Rules shall invalidate any document issued as a land certificate,
certificate of title or certificate of charge by the Registry prior to the
coming into operation of these Rules.”
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Authentication of entry on
certificate.
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7. The Land Registration
Rules 1972 are amended by the substitution of the following for Rule 160 of
those Rules:
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“160. Every entry made in a
certificate after its first issue shall have been authenticated by affixing
the authentication seal thereto.”
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Application for order for
production of certificate.
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8. The Land Registration
Rules 1972 are amended by the substitution of the following for Rule 164 of
those Rules:
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“164. (1) An application to
the Authority under section 105 (2) of the Act for an order for the
production of a certificate shall be in Form 94 and shall be signed by the
applicant or his solicitor.
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(2) On receipt of the
application, the Authority shall send notice to the person against whom the
order is sought, requiring him to state whether he has the custody of the
certificate, and, if he has, whether he claims that the dealing for which
production is required is one that cannot be registered without his consent
and the grounds of his claim.
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(3) Where the person having
the custody of the certificate claims that the dealing cannot be registered
without his consent, the Authority shall, subject to an appeal to the court,
determine the question and, for that purpose, may appoint a day and time for
the parties to attend before it.
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(4) In default of a reply to
the notice within the time specified therein, where it appears to the
Authority from the statements in the application and the documents lodged
for the purpose of the registration for which the certificate is required,
that the dealing is one that can be effected without the consent of the
person having the custody of the certificate, the Authority shall make the
order sought.”
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Certificate containing
unofficial entries to be cancelled.
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9. The Land Registration
Rules 1972 are amended by the substitution of the following for Rule 169 of
those Rules:
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“169. Where an entry not made
in the Registry and authenticated in accordance with previous Rules or any
erasure or other defacement appears on a certificate or part of the
certificate has been detached and the certificate is produced to the
Authority the certificate shall be retained in the Registry and cancelled.”
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Power to dispense with
production of certificate.
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10. The Land Registration
Rules 1972 are amended by the substitution of the following for Rule 170 of
those Rules:
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“170. Where the Authority is
satisfied that any certificate is lost or destroyed, it may, on an
application for registration for the purpose of which the certificate is
required, on causing to be published by the applicant at the applicant's
expense such notice in local or other papers and after making such inquiries
and taking such indemnity as it may deem necessary, dispense with its production.”
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Priority entry.
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11. The Land Registration
Rules 1972 are amended by the substitution of the following for Rule 191 of
those Rules:
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“191. (1) A person who has
entered into a contract to purchase, take a lease of, or lend money on the
security of a charge on, registered property may apply to the Authority to
make an entry in the register pursuant to section 108 of the Act.
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(2) An application under this
rule shall be in Form 104.”
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Effect of priority entry.
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12. The Land Registration
Rules 1972 are amended by the substitution of the following for Rule 192 of
those Rules:
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“192. (1) Where an intending
purchaser, lessee or chargee has registered a
priority entry an application by him for registration of the instrument to
complete the purchase, lease or charge shall enjoy the priority specified in
subsection (2) of section 108 of the Act, provided that the application is
in order under these Rules and is delivered at the Registry within a period
of 21 days after the date of the priority entry.
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(2) An application for
registration made by any other person after the date of the entry and before
the application for registration is made by the intending purchaser, lessee
or chargee in accordance with paragraph (1) of
this rule shall, for the purpose of priority of registration, rank after the
application of the intending purchaser, lessee or chargee.
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(3) The notice of such
application shall be in Form 105.”
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Entry under section 108 of
the Act.
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13. The Land Registration
Rules 1972 are amended by the substitution of the following for Rule 193 of
those Rules:
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“193. The entry in the
register pursuant to section 108 of the Act shall be as set out in Form
106.”
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Priority where two or more
priority entries are made.
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14. The Land Registration
Rules 1972 are amended by the substitution of the following for Rule 194 of
those Rules:
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“194. Where two or more
priority entries pursuant to section 108 are made, such entries shall, so
far as relates to the priority thereby conferred, take effect in the order
in which the applications therefor were received
in the Registry or were, pursuant to rule 61, deemed to be delivered.”
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15. Form 17 of the Schedule
of Forms to the Land Registration Rules 1972 is amended by the deletion of
the following words from paragraph 3:
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“I apply that it be
re-delivered to the transferee (or, transferor, or, to me as Solicitor for
the transferee, or, the transferor, or, A.B., or
C.D., the Solicitor for A.B.).”
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16. The
Schedule of Forms to the Land Registration Rules 1972 is amended by the
substitution of the following Form for Form 68 in that Schedule:
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“
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FORM 68
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Charge for future
advances (rules 52, 113)
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LAND REGISTRY
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County Folio
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CHARGE dated
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AB the registered owner
(or, the person entitled to be registered as owner),
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Hereby charges the property
set out in the schedule hereto with payment to CD of all sums owing and due
from time to time and covenanted to be paid in respect of advances, whether
present or future, to the said AB and secured by this charge and assents to the
registration of this charge as a burden on the property.
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The address in the State of
the said CD for service of notice
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is
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Schedule
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(Description of property
charged)
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Signed, sealed and
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delivered by A.B.
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in the presence of:
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Signed, sealed and
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delivered by C.D.
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in the presence of:
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.”
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17. Form 95
of the Schedule of Forms to the Land Registration Rules 1972 is amended by
the insertion of the words “failing such application” between the words
“and” and “the” in the second paragraph.
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18. The
Schedule of Forms to the Land Registration Rules 1972 is amended by the
substitution of the following Form for Form 104 in that Schedule:
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“
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FORM 104
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Application for entry of
priority entry pursuant to section 108 of the Act (Rule 191)
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LAND REGISTRY
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County Folio
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I, as Solicitor for
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(Full name of purchaser,
lessee or chargee), certify that he has
contracted to
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(a) purchase (or) take a
lease of (or), lend money on the security of a charge on
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all of the property
comprised in the above folio (or, the part of the property comprised in the
above folio shown edged red on the attached plan).
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(a) Strike out
alternatives not applicable
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I apply pursuant to section
108 of the Act that the prescribed entry be made in the Register.
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Notice of this application
in Form 105 was served by ordinary prepaid post/ registered post / in person
on [name and address of the other party to the contract].
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Signature of Solicitor
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Address
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Date.
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.”
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19. The
Schedule of Forms to the Land Registration Rules 1972 is amended by the
substitution of the following Form for Form 105 in that Schedule:
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“
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FORM 105
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Notice of application
for registration of a priority entry pursuant to section 108 of the Act
(Rule 191)
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LAND REGISTRY
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County Folio
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I, as Solicitor for
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(Full name and address
of purchaser, lessee or chargeant), certify
that he has contracted to
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(a) purchase (or) take a
lease of (or), lend money on the security of a charge on
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all of the property
comprised in the above folio (or, the part of the property comprised in the
above folio shown edged red on the attached plan).
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(a) Strike out
alternatives not applicable
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I am applying to the
Property Registration Authority, pursuant to section 108 of the Act, for the
registration of the following prescribed entry in the Register:
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“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 ”
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Signature of Solicitor
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Address
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Date..
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To: (name and address
of, or solicitor for, the other party to the contract).”
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20. The
Schedule of Forms to the Land Registration Rules 1972 is amended by the
substitution of the following Form for Form 106 in that Schedule:
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“
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FORM 106
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Entry to be made
pursuant to section 108 of the Act (Rule 191)
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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 .
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.”
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21. (1)
Rules 155, 156, 157, 161, 166, 167, subrule (5) of
Rule 168, Rules 171, 172, and 173 of the Land Registration Rules 1972 and
Rule 5 of the Land Registration Rules 1986 are rescinded.
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(2) Forms
92, 93, 104A, and 105A of the Schedule of Forms to the Land Registry Rules
1972 are deleted.
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We, the Registration of Deeds and Title Rules Committee, constituted
pursuant to the provisions of section 74 of the Registration of Deeds and
Title Act 2006 in exercise of the powers conferred on us by section 126 of
the Registration of Title Act, 1964 , as amended by section 72 of the Registration
of Deeds and Title Act 2006 , with the concurrence of the Minister for
Justice, Equality and Law Reform, do hereby make the foregoing Rules.
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DATED this 27th day of July, 2007.
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MARY LAFFOY, Judge of the High Court.
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GERARD McCAUGHEY, Chairman of the Property
Registration Authority
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CATHERINE TREACY, Chief Executive of the
Property Registration
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Authority
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JAMES DWYER, Senior Counsel.
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OWEN M. BINCHY, Solicitor.
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I, BRIAN LENIHAN, 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 , as amended by section 72 of the Registration of Deeds
and Title Act 2006 , hereby concur in the making of the foregoing Rules.
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GIVEN under my Official Seal,
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27 July 2007
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BRIAN LENIHAN.
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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 1st day of September 2007, provide for the amendment of the Land
Registration Rules 1972 to 2006.
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The Rules provide for the
amendment of Rules 44, 57, 103, 158, 160, 164, 169, 170, 191, 192, 193, 194
of the Land Registration Rules 1972 and Forms 17, 68, 95, 104, 105 and 106
of the Schedule of Forms to those Rules and for the rescinding of Rules 155,
156, 157, 161, 166, 167, subrule (5) of Rule 168,
Rules 171, 172, and 173 of those Rules, Forms 92, 93, 104A, and 105A of that
Schedule and Rule 5 of the Land Registration Rules 1986.
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