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12 2006

REGISTRATION OF DEEDS AND TITLE ACT 2006

PART 4

Other Amendments to Registration of Title Act 1964

Amendment of section 3.

50.— Section 3 (interpretation) of the Act of 1964 is amended in subsection (1)—

(a) by the insertion of the following definitions:

“ ‘ index ’ means an index maintained under this Act and includes, and is deemed always to have included, any index stored in electronic or other non-legible form which is capable of being converted into a permanent legible form;

‘record’ includes any book, index or document and any information in electronic or other nonlegible form which is capable of being converted into a permanent legible form;

‘registry maps’ means the maps referred to in section 84;”,

(b) by the substitution, in the definition of “judgment mortgage”, of “affidavit of judgment” for “affidavit of ownership”,

(c) by the deletion, in the definition of “Land Purchase Acts” of “the Irish Church Act, 1869, and”,

(d) by the insertion, in the definition of “leasehold interest” of—

(i) “(or such other number as may be prescribed)” after “twenty-one”, and

(ii) “and the right or interest of a person who has barred, under the Statute of Limitations 1957, the right of action of a person entitled to such leasehold interest,” after “determinable on a life or lives,”,

(e) by the deletion of the definitions of “the central office”, “the local office”, “the local registrar” and “registering authority”, and

(f) by the substitution of the following definition for the definition of “register”:

“ ‘ register ’ means a register maintained under this Act and includes, and is deemed always to have included, any register kept in electronic or other non-legible form which is capable of being converted into a permanent legible form;”.

Substitution of section 7.

51.— The following section is substituted for section 7 (the central and local offices) (as amended by the Registration of Title (Amendment) Act 1997 ) of the Act of 1964:

“Land Registry.

7.— (1) There shall be an office or offices for the purpose of registering the ownership of land in the State.

(2) The office or offices shall be known as the Land Registry.

(3) The Land Registry shall be under the management and control of the Property Registration Authority.”.

Amendment of section 23.

52 .— Section 23 (compulsory registration) of the Act of 1964 is amended—

(a) in subsection (1)(a), by the deletion of “, or is deemed to have been,”,

(b) in subsection (1)(c), by the insertion of “or (2A)” after “subsection (2)”,

(c) by the insertion of the following subsection after subsection (1):

“(1A) Where land has been sold, conveyed or vested under the Irish Church Act 1869 and its ownership has not been registered, registration of ownership of the land is deemed never to have been required merely by virtue of the sale, conveyance or vesting.”,

and

(d) in subsection (2)(b), by the insertion of “or (2A)” after “subsection (2)”.

Amendment of section 24.

53 .— Section 24 (extension of compulsory registration) of the Act of 1964 is amended by the substitution of the following subsections for subsections (1) and (2):

“(1) The Minister for Justice, Equality and Law Reform, after consultation with the Authority, may by order provide that this section shall apply to—

(a) a specified area, including a local government area within the meaning of section 10 of the Local Government Act 2001 ,

(b) specified land, or

(c) specified land in such an area,

on or after a specified day, not being earlier than 6 months after the making of the order.

(2) Where this section applies, the registration of ownership of the land concerned shall, if not already compulsory, become compulsory—

(a) in the case of freehold land, upon its conveyance on sale, and

(b) in the case of a leasehold interest, upon the grant or assignment on sale of such an interest.

(2A) An order under this section may provide that the registration of ownership of land to which this section applies shall, if not already compulsory, become compulsory in the case of specified dispositions of land other than those mentioned in subsection (2).

(2B) The Minister may by order amend or revoke an order under this section, including an order under this subsection.”.

Substitution of section 25.

54 .— The following section is substituted for section 25 (effect of failure to register where registration compulsory) of the Act of 1964:

“25.— A person shall not acquire any estate or interest in land under a disposition specified in subsection (2) or (2A) of section 24 after the date on which registration of ownership of the land becomes compulsory in relation to the disposition unless the person is registered as owner of the estate or interest within 6 months after the execution of the disposition or at such later time as the Authority (or, in case of refusal, the court) may sanction in any particular case, but on any such registration the person’s title shall relate back to the date of such execution, and any dealings with the land before the registration shall have effect accordingly.”.

Amendment of section 32.

55.— Section 32 (rectification of errors in registration) is amended by the substitution of the following subsection for subsection (1):

“(1) Where any error originating in the Land Registry (whether of misstatement, misdescription, omission or otherwise, and whether in a register or registry map) occurs in registration—

(a) the Authority may, with the consent of the registered owner of the land and of such other persons as may appear to be interested, rectify the error upon such terms as may be agreed to in writing by the parties,

(b) the Authority may, if of opinion that the error can be rectified without loss to any person, rectify the error after giving such notices as may be prescribed,

(c) the court, if of opinion that the error can be rectified without injustice to any person, may order the error to be rectified upon such terms as to costs or otherwise as it thinks just.”.

Substitution of section 33.

56 .— The following section is substituted for section 33 (classes of freehold land which may be registered) of the Act of 1964:

“33.— (1) On registration of the ownership of unregistered freehold land, a person may be registered with an absolute title, a qualified title or a possessory title.

(2) An application for registration may be made by such person, and shall be in such form and accompanied by such evidence of title, as may be prescribed.

(3) The application shall be for registration with an absolute title, a qualified title or a possessory title.

(4) The applicant shall be registered as owner with an absolute title where the title is approved by the Authority.

(5) The applicant may be registered as owner with a qualified title where—

(a) it appears to the Authority that the title can be established only for a limited period or only subject to certain reservations, and

(b) the Authority, by an entry in the register, excepts from the effect of registration any right—

(i) arising before a specified date,

(ii) arising under a specified instrument, or

(iii) otherwise particularly described in the register.

(6) The applicant may be registered as owner with a possessory title on giving such evidence of title as may be prescribed.

(7) If, on an application for registration under this section, the Authority is not satisfied that the grant of the title applied for would be warranted or appropriate, it may, subject to subsection (8), register the applicant as owner with such one of the other titles provided for in this section as it considers would be warranted or appropriate.

(8) Where registration of ownership is not compulsory, the Authority may not—

(a) on an application for registration with an absolute title, register the applicant as owner with a qualified title without the applicant’s consent, or

(b) on an application for registration with a title other than a possessory title, register the applicant as owner with a possessory title without such consent.”.

Substitution of section 40.

57 .— The following section is substituted for section 40 (classes of title which may be registered) of the Act of 1964:

“40.— (1) On registration of the ownership of an unregistered leasehold interest, a person may be registered with an absolute title, a good leasehold title, a qualified title or a possessory title.

(2) An application for registration may be made by such person, and shall be in such form and accompanied by such evidence of title, as may be prescribed.

(3) The application shall be for registration with an absolute title, a good leasehold title, a qualified title or a possessory title.

(4) The applicant shall be registered as owner with an absolute title where the title to the leasehold interest, the freehold estate and any intermediate leasehold interest is approved by the Authority.

(5) The applicant shall be registered as owner with a good leasehold title where the title to the leasehold interest is approved by the Authority.

(6) The applicant may be registered as owner with a qualified title where—

(a) it appears to the Authority that the title, either of the lessor to the reversion or of the lessee to the leasehold interest, can be established only for a limited period or only subject to certain reservations, and

(b) the Authority, by an entry in the register, excepts from the effect of registration any right—

(i) arising before a specified date,

(ii) arising under a specified instrument, or

(iii) otherwise particularly described in the register.

(7) The applicant may be registered as owner with a possessory title on giving such evidence of title as may be prescribed.

(8) If, on an application for registration under this section, the Authority is not satisfied that the grant of the title applied for would be warranted or appropriate, it may, subject to subsection (9), register the applicant as owner with such one of the other titles provided for in this section as it considers would be warranted or appropriate.

(9) Where registration of ownership of title is not compulsory, the Authority may not—

(a) on an application for registration with an absolute title or a good leasehold title, register the applicant as owner with a qualified title without the applicant’s consent, or

(b) on an application for registration with a title other than a possessory title, register the applicant as owner with a possessory title without such consent.”.

Amendment of section 51.

58 .— Section 51 (transfer of registered land) of the Act of 1964 is amended by the insertion of the following subsection after subsection (2):

“(2A) In this section “transfer” includes “lease”, and cognate words shall be construed accordingly.”.

Amendment of section 69.

59 .— Section 69 (burdens which may be registered as affecting registered land) of the Act of 1964 is amended in subsection (1)(g) by the insertion of “(or such other period as may be prescribed)” after “twenty-one years”.

Amendment of section 72.

60 .— Section 72 (burdens affecting land without registration) of the Act of 1964 is amended in subsection (1)(i) by the insertion of “(or such other period as may be prescribed)” after “twenty-one years”.

Amendment of section 84.

61.— The following section is substituted for section 84 (ordnance survey maps to be kept in central office) of the Act of 1964:

“Registry maps.

84.— (1) Provision may be made by general rules—

(a) for identifying on maps (in this Act referred to as ‘registry maps’) land whose ownership has been registered under this Act, and

(b) for reference in the register to those maps.

(2) (a) For the purposes of such registration—

(i) the Registrar, in respect of the period before the commencement of section 61 of the Registration of Deeds and Title Act 2006, is deemed to have had power in any particular case to adopt any map which the Registrar considered satisfactory, and

(ii) on such commencement, the Authority may in any particular case adopt any map which it considers satisfactory.

(b) For the purposes of this Act and the repealed enactments, any map so adopted is, and is deemed always to have been, a registry map.

(3) A registry map shall be in such form, including an electronic or other non-legible form which is capable of conversion into a permanent legible form, as may be prescribed.”.

Amendment of section 85.

62 .— The following section is substituted for section 85 (description of registered land) of the Act of 1964:

“85.— (1) Registered land shall be described and identified by reference to the registry maps concerned in such manner as may be prescribed.

(2) Except as provided by this Act, neither the description of land in a register nor its identification by reference to a registry map is conclusive as to its boundaries or extent.”.

Substitution of section 90.

63 .— The following section is substituted for section 90 (powers of person entitled to be registered as owner of land or charge) of the Act of 1964:

“90.— (1) This section applies to a person—

(a) on whom the right to be registered as owner of registered land or a registered charge has devolved by reason of the death of the owner or the defeasance of the owner’s estate or interest or by reason of a transfer made in accordance with this Act or under a lease, and

(b) who, before being registered as such owner, wishes to take any of the following actions in relation to the land or charge:

(i) in the case of registered land—

(I) transferring or charging it or any part of it,

(II) creating a lien by deposit of the land certificate,

(III) granting a lease,

(IV) creating an easement or a profit prendre, or

(V) where the person is the Minister for Agriculture and Food, exercising any other rights of ownership, including enforcing the right to vacant possession,

or

(ii) in the case of a registered charge—

(I) transferring or charging it, or

(II) creating a lien by deposit of the certificate of charge.

(2) A person to whom this section applies may take any of the actions mentioned in subsection (1) in the like manner and with the same effect as if the person were the registered owner at the date of the action concerned, but subject to any burdens or rights affecting the person’s interest which would have been entered on the register if the person had become the registered owner and subject also to the provisions of this Act with regard to registered dealings for valuable consideration.”.

Substitution of section 104.

64 .— The following section is substituted for section 104 (stamp duties) of the Act of 1964:

“104.— Where, in relation to a document presented for registration, the Authority has reasonable grounds for suspecting that stamp duty, or the correct amount of such duty, has not been paid, the Authority shall not proceed with the registration unless the applicant for registration provides evidence to its satisfaction that stamp duty is not payable or, as the case may be, the correct amount of such duty has been paid.”.

Amendment of section 107.

65.— Section 107 (searches of registers and maps) of the Act of 1964 is amended in subsection (1) by the insertion, after “inspected”, of “, in the form in which it is kept or (as the case may be) a legible reproduction thereof,”.

Substitution of section 108.

66 .— The following section is substituted for section 108 (priority given by certificate of official search) of the Act of 1964:

“Priority of certain applications for registration.

108.— (1) The Authority, if of opinion that a person has contracted to purchase or take a lease of registered land or to lend money on the security of a charge on it, shall, on application by the person and on notice by the person to the other party to the contract, make an entry in the register in the prescribed form.

(2) An application for registration by such a person in relation to the completion of the contract which is in order and is delivered to the Authority within a period of 21 days (or such longer period as may be prescribed) after the date of the entry ranks in priority before any other application for registration made within that period in respect of the land.

(3) In determining whether to prescribe a longer period than 21 days under subsection (2) and the duration of any such period, the Registration of Deeds and Titles Rules Committee shall have regard to—

(a) changes in the period generally elapsing between applications by persons under subsection (1) and those made by such persons under subsection (2), and

(b) the need for adequate protection of the interests of parties to the contracts concerned.”.

Amendment of section 116.

67 .— Section 116 (exemption of land from registration in Registry of Deeds) of the Act of 1964 is amended by the substitution of the following subsection for subsection (2):

“(2) Where the ownership of any estate or interest in land is registered under this Act, the Authority shall cause a record of the registration, in the prescribed form, to be registered in the Registry of Deeds free of any fee or duty.”.

Amendment of section 119.

68 .— Section 119 (penalties for fraud) of the Act of 1964 is amended in subsection (1) by the substitution, for “he shall be guilty of a misdemeanour, and if convicted on indictment shall be liable to imprisonment for any term not exceeding two years, or to a fine not exceeding five hundred pounds”, of “the person shall be guilty of an offence and liable—

(i) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding twelve months or both, and

(ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding five years or both.”.

Amendment of section 120.

69 .— Section 120 (compensation for error, forgery or fraud in relation to registration) of the Act of 1964 is amended—

(a) in subsections (1) and (3), by the deletion of “by the court”, and

(b) in subsection (5), by the substitution of the following paragraph for paragraph (b):

“(b) if the claim is not settled, the claimant or the Minister for Finance may apply to the court to determine the amount (if any) of compensation payable;”.

Amendment of section 123.

70 .— Section 123 (effect of words of transfer) of the Act of 1964 is amended by the substitution of the following subsections for subsection (4):

“(4) An instrument granting, or containing a grant or reservation of, an easement or a profit prendre out of registered freehold land without words of limitation or any equivalent expression shall pass or reserve the whole estate which the grantor had power to grant or reserve in the easement or profit prendre.

(5) An instrument granting, or containing a grant or reservation of, an easement or a profit prendre out of registered freehold land to a corporation sole by its corporate designation without the word ‘successors’ shall pass or reserve the whole estate which the grantor had power to grant or reserve in the easement or profit prendre.

(6) Subsections (1), (2) and (3) of this section apply only to instruments of transfer executed on or after 1 January 1967, and subsections (4) and (5) thereof apply only to those executed after the commencement of section 70 of the Registration of Deeds and Title Act 2006.”.

New section 124A.

71.— The following section is inserted after section 124 of the Act of 1964:

“Evidence in proceedings.

124A.— A document purporting—

(a) to be a copy or reproduction of any entry in a register or of any other record maintained, made or issued under this Act, including any document produced by the conversion into legible form of information kept in electronic or other non-legible form, and

(b) to be certified by a member of the staff of the Authority to be such a copy or reproduction,

is admissible in any proceedings, without further proof, as evidence of the matters mentioned therein.”.

Amendment of section 126.

72 .— Section 126 (power to make rules and orders) of the Act of 1964 is amended—

(a) by the substitution of the following subsections for subsections (1) and (2):

“(1) The Registration of Deeds and Title Rules Committee established by section 74 of the Registration of Deeds and Title Act 2006, with the agreement of the Minister for Justice, Equality and Law Reform, may make general rules for carrying into effect the objects of this Act and, in particular, without prejudice to the generality of the foregoing, in respect of all or any of the following matters: 

(a) the form and content and the indexing of registers and registry maps;

(b) the authentication of documents relating to title;

(c) the procedures to be observed, precautions to be taken, notices to be given and evidence to be adduced in proceedings in connection with registration;

(d) the circumstances under which and the persons to whom reference is to be made in respect of the examination of any title to land for which an application for registration is made;

(e) the form and manner in which entries in registers are to be made, modified or cancelled;

(f) the order in which entries relating to land are to be made;

(g) the correction of errors in registers or maps or in any record connected with registration;

(h) the form and content of any document required or authorised to be used or given under or for the purposes of this Act;

(i) the conditions under which a new land certificate or certificate of charge may be issued in place of a lost, defaced or destroyed certificate;

(j) the inspection of and making of copies or reproductions of, or extracts from, any records in the custody of the Land Registry;

(k) the custody and preservation of records in the Land Registry;

(l) the taxation of costs of any proceedings in connection with registration and the persons by and to whom costs are to be taxed and paid;

(m) the entering into security for the costs of appeal under this Act;

(n) any other matter referred to in this Act as prescribed.

(2) The Committee, in determining for the purposes of this Act—

(a) whether the duration of a lease or of the unexpired portion of a lease, as specified in the Act, should be altered, and

(b) if so, the extent of the alteration to be prescribed by it,

shall have regard to the Authority’s function to promote and extend registration of ownership of land and to the resources available to the Authority for performing that function.”,

(b) by the deletion of subsection (4).