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16 1978

LANDLORD AND TENANT (GROUND RENTS) (NO. 2) ACT, 1978

PART III

Vesting of Fee Simple in Dwellinghouses

Duration of Part III.

[New]

18. —This Part shall have effect only in relation to applications made under it during the period of five years beginning on the commencement of this Act.

Dwellinghouses.

[New]

19. —This Part applies to land to which Part II applies where the permanent buildings are constructed for use wholly or principally as a dwelling and are so used and such land is referred to in this Act as a dwellinghouse.

Vesting by consent.

[New]

20. —A person who is entitled to acquire the fee simple in a dwellinghouse by virtue of Part II may, with the consent of every person who would be a necessary party to the conveyance to him of the fee simple free from incumbrances, apply to the Registrar of Titles to vest the premises in him under section 22.

Arbitration.

[New]

21. —(1) A person who claims to be entitled to acquire the fee simple in a dwellinghouse by virtue of Part II may, without any consent referred to in section 20, apply to the Registrar of Titles to have the premises vested in him under section 22 and he shall serve notice of his application upon the immediate lessor. Service of a notice may be effected in any manner provided for by section 63 of the Act of 1931 or section 23 of the Act of 1967.

(2) The Registrar may, however, dispense with service under subsection (1) where the applicant satisfies him that it is not reasonably practicable to effect such service. In any such case, the Registrar shall serve notice of the application on every person who appears to him to be the owner of any estate, interest or incumbrance which would be extinguished by the issue of a certificate under section 22 (1), so far as it is reasonably practicable to ascertain such persons.

(3) The Registrar of Titles shall determine the application by arbitration.

(4) The provisions of the Act of 1967 shall apply for the purposes of this Part with the substitution, for references to the county registrar, of references to the Registrar of Titles.

(5) An appeal to the Court under section 22 of the Act of 1967 against an award, order or other decision of the Registrar as arbitrator shall be heard and determined by a Judge of the Court for the time being assigned to the circuit in which are situate the premises or any part of the premises in relation to which the appeal is taken.

Vesting certificate.

[New]

22. —(1) Where—

(a) the Registrar of Titles is satisfied that an application under section 20 has been duly made, or

(b) the Registrar as arbitrator or the Court on appeal is satisfied that the applicant under section 21 is entitled to acquire the fee simple,

the Registrar shall, subject to subsection (2), issue a certificate (in this section referred to as a “vesting certificate”) which shall, subject to subsection (3), operate to convey fee from incumbrances the fee simple and any intermediate interests in the dwellinghouse on the date specified in that behalf in the certificate.

(2) Before issuing a vesting certificate the Registrar shall satisfy himself that the purchase price has been paid or deposited with him, that the prescribed fees have been discharged and that rent for the dwellinghouse (other than arrears an action for the recovery of which is statute-barred) has been paid up to date.

(3) The vesting certificate shall be deemed to be a conveyance on sale for the purposes of sections 24 and 25 of the Registration of Title Act, 1964 (which provide for the extension of compulsory registration of ownership) and shall be deemed to be an instrument in the prescribed form for the purposes of section 51 of that Act (which provides for transfer of registered land).

(4) In a case to which subsection (3) relates, the Registrar shall, on being supplied with any further documents which he may require, provide for registration of the title under the Registration of Title Act, 1964 .

(5) The Registrar shall serve notice of the grant of a vesting certificate on arbitration on every person who appears to him to have been the owner of any estate, interest or incumbrance extinguished by virtue of subsection (1), so far as it is reasonably practicable to ascertain such persons.

(6) A person who claims to be entitled, as the owner of any estate, interest or incumbrance extinguished by virtue of subsection (1), to payment of the purchase money or any part of it deposited with the Registrar may apply to the Registrar as arbitrator for an award and the arbitrator shall, after serving reasonable notice of the claim on each of the persons notified under subsection (5), make such award and give such directions as he thinks just for the disbursement and distribution of the purchase money.

(7) The Registrar may, if he thinks proper, lodge in Court any money deposited with him under this section and the jurisdiction conferred on him under subsection (6) shall thereupon be exercised by a Judge of the Court for the time being assigned to the circuit in which are situate the premises or any part of the premises in relation to which the money is lodged.

Fees.

[New in pt. cf. 1967, ss. 9, 19]

23. —(1) The fee to be taken in the Land Registry

(a) for the issue of a vesting certificate under section 22 shall, where the applicant is in occupation of the dwellinghouse, be £5;

(b) for an arbitration under section 21 shall, where the applicant is in occupation of the dwellinghouse, be £12 which shall be in addition to the fee to be taken under paragraph (a).

(2) The Minister, with the consent of the Minister for Finance, may by order fix the fees to be taken in the Land Registry for the purposes of this Part, other than the fees mentioned in subsection (1), and may revoke or amend any such order.

(3) With the exception of fees fixed in respect of the cases mentioned in subsection (1) the fees shall, so far as possible, be so fixed as to meet the full cost of dealing with the relevant application.

(4) The applicant shall be liable for the payment of the fee to be taken for the issue of the vesting certificate and, subject to subsection (5), he shall also be liable for the payment of the fee to be taken for the arbitration.

(5) Where the applicant is in occupation of the dwellinghouse neither he nor any other party shall be liable to make any payment, apart from the fees fixed by or under this section, to the Registrar in respect of the arbitration or vesting, save that where in the opinion of the Registrar, any party to the arbitration has behaved unreasonably (whether by act or omission) or has, without reasonable cause—

(a) refused or failed to comply with a provision of this Act or delayed in so complying, or

(b) refused or failed to reach agreement or delayed in reaching agreement in relation to any matter under this Act,

and thereby occasioned the incurring of the whole or part of the cost of dealing with the arbitration, the Registrar may direct that the whole or a specified part of such cost shall be paid by that party.

(6) Sections 9 and 19 (1) of the Act of 1967 (which provide for the costs of an arbitration) shall not apply where the applicant is in occupation of the dwellinghouse.

(7) Section 14 (2) of the Registration of Title Act, 1964 , shall not apply to the taking of fees in relation to the functions of the Registrar of Titles under this Act.

Duty of Registrar of Titles as to applications under Part III.

[New]

24. —(1) The Registrar of Titles shall deal with applications received under this Part in the order in which they are received so far as is consistent with the efficient discharge of all his functions as Registrar of Titles.

(2) Where the Registrar is satisfied for reasons submitted in writing by the applicant or any other person concerned that an application is exceptional in that compliance with the duty imposed by subsection (1) in respect of it would result in serious inconvenience or substantial loss to any such person, he may deal with the application otherwise than in the order in which it was received.

(3) No action shall lie against the Registrar in relation to the duty imposed upon him under this section.

Exercise of functions of Registrar of Titles.

[cf. 1964, s. 13]

25. —All or any of the powers and duties conferred or imposed on the Registrar of Titles by this Part may be exercised and performed by such of his officers as the Minister may authorise in that behalf.