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12 2006

REGISTRATION OF DEEDS AND TITLE ACT 2006

PART 5

Miscellaneous

Abolition of land certificates and certificates of charge.

73 .— (1) The Authority shall cease to issue land certificates and certificates of charge under the Act of 1964, and accordingly—

(a) sections 28, 32(2), 32(3), 51(3), 51(4), 62(5) and 64(3) of that Act are repealed, and

(b) section 105 (certificates) thereof—

(i) applies only in relation to land certificates and certificates of charge issued before the commencement of this subsection and not already cancelled, and

(ii) ceases to have effect 3 years after the commencement of subsection (2).

(2) Subject to subsection (3), land certificates and certificates of charge issued before the commencement of subsection (1) and not already cancelled cease to have any force or effect on the expiration of the period of 3 years after the commencement of this subsection.

(3) The following provisions have effect during the period referred to in subsection (2):

(a) the Authority shall cause adequate notice to be published of the coming into operation of subsection (2) and of its implications for persons to whom land certificates or certificates of charge have been issued and for any others who may be affected, including persons holding a lien on registered land or a registered charge through deposit or possession of those certificates;

(b) a holder of such a lien may apply to the Authority for registration of the lien in such manner as the Authority may determine;

(c) the application shall be on notice by the applicant to the registered owner of the land or charge and be accompanied by the certificate concerned;

(d) the lien is deemed for the purposes of section 69 of the 1964 Act to be a burden which may be registered as affecting registered land;

(e) the Authority shall register the lien without charging any fee or duty for doing so.

(4) Notwithstanding subsection (2), where the holder of a lien has suffered loss by reason of not having applied to the Authority during the period referred to in subsection (3) for registration of the lien as a burden affecting the registered land, the holder may apply to the court for compensation for the loss, on notice to the Minister for Finance.

(5) On the application the court may, if satisfied—

(a) that the applicant is the holder of the lien concerned,

(b) that the holder was prevented from applying to the Authority under subsection (3) by reason of being under a disability (within the meaning of section 48 of the Statute of Limitations 1957) or of other exceptional circumstances and has thereby incurred financial loss,

(c) that the remedies available for the recovery of the loss have been exhausted, and

(d) that it would be manifestly unjust for the holder to suffer the loss,

declare that the holder is entitled to compensation for the loss and determine the amount of the loss.

(6) Compensation to which a person is entitled pursuant to the declaration of the court is payable by the Minister for Finance out of moneys provided by the Oireachtas.

(7) The Minister for Finance shall have the same right to recover the amount of the compensation from any person who caused or derived advantage from the loss as the holder of the lien would have had if the loss were an injury caused to him or her by that person.

(8) Interest is payable on any amount recoverable by the Minister for Finance in accordance with subsection (7) from the date of payment of the compensation at the rate for the time being standing specified under section 26 of the Debtors (Ireland) Act 1840.

(9) In this section—

“ holder ”, in relation to a lien, includes any person deriving title from the holder of the lien;

“ published ” means published by way of advertisement both in the national daily newspapers and in broadcasts for reception by the general public, whether the broadcasts are actually received or not.

Registration of Deeds and Title Rules Committee.

74 .— (1) On the commencement of this section there stands established a committee, to be known as the Registration of Deeds and Title Rules Committee, to perform the functions assigned to it under section 48 and under section 126, as amended by section 72 , of the Act of 1964.

(2) The Committee shall consist of—

(a) the judge of the High Court for the time being assigned for that purpose by the President of the High Court,

(b) the chairperson of the Authority,

(c) the Chief Executive of the Authority,

(d) a practising barrister nominated by the General Council of the Bar of Ireland, and

(e) a practising solicitor nominated by the Council of the Law Society of Ireland.

(3) The judge of the High Court so assigned shall be chairperson, and the Chief Executive of the Authority secretary, of the Committee.

(4) A nominated barrister or solicitor shall hold office as such member for 5 years from the date of the nomination, unless he or she sooner dies, resigns or ceases to be a practising barrister or practising solicitor.

(5) A nominated barrister or solicitor whose membership expires by lapse of time is eligible for renomination.

(6) The quorum of the Committee is 3 members.

(7) The Committee may act notwithstanding a vacancy in its membership.

(8) Pending the making of rules under this section the rules made by the Registration of Title Rules Committee and in force immediately before the commencement of this section shall continue in force, with any necessary modifications.

Reports by Committee.

75.— (1) The secretary of the Registration of Deeds and Title Rules Committee shall summon a meeting of the Committee once at least in every year, on such day as may be fixed by the chairperson of the Committee, to consider practice, procedure and administration under the Act of 1964 and this Act and the operation and effect of those Acts.

(2) As soon as may be after every such meeting the Committee shall report to the Minister whether any and, if so, what amendments or alterations should in its opinion be made in practice, procedure or administration under the said Acts with a view to improving their operation and effect.

Amendment of section 16 of Landlord and Tenant (Ground Rents) (No. 2) Act 1978.

76 .— (1) Section 16 (restrictions on right to acquire fee simple) of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 is amended—

(a) in subsection (2)(e), by the deletion of “Act.” and the insertion of “Act, or”,

(b) by the insertion of the following paragraph after subsection (2)(e):

“(f) subject to subsection (3), a sublease of land granted by a lessee who is not a person to whom this Part applies—

(i) on or after 27 February 2006, or

(ii) before that date, unless before that date—

(I) a notice of intention to acquire the fee simple in the land was served by the sublessee in accordance with section 4 of the Act of 1967, or

(II) an application was made by the sublessee to the Registrar of Titles under Part III of this Act.”,

and

(c) by the addition of the following subsections:

“(3) Subsection (2)(f) does not apply where—

(a) at the date on which the sublease is granted, the sole reason why the lessee is not a person to whom this Part applies is that a covenant by the lessee to erect permanent buildings on the land has not been substantially complied with, and

(b) after that date, the covenant is substantially complied with by the sublessee.

(4) In this section, “sublessee” includes the personal representatives and successors in title of a sublessee.”.

Amendment of section 28 of Landlord and Tenant (Ground Rents) (No. 2) Act 1978.

77 .— Section 28 (effect of acquisition of fee simple on covenants) of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 is amended by the substitution of the following subsections for subsection (1):

“(1) Subject to subsection (1A), where a person to whom Part II of this Act applies acquires the fee simple in land under the Act of 1967 or Part III of this Act

(a) covenants (except any of those specified in subsection (2)) affecting the land in the lease under which the person held the land thereupon cease to have effect, and

(b) no new covenant affecting the land shall be created when the fee simple is being conveyed, except with the person’s agreement.

(1A) Subsection (1) has effect where the fee simple in the land concerned is acquired on or after 27 February 2006, unless before that date—

(i) a notice of intention to acquire the fee simple was served by the person in accordance with section 4 of the Act of 1967, or

(ii) an application was made by the person to the Registrar of Titles under Part III of this Act.”.

Amendment of Ombudsman Act 1980 and Ombudsman for Children Act 2002.

78 .— (1) Part 1 of the First Schedule to the Ombudsman Act 1980 is amended by the insertion of “Property Registration Authority” after “Registry of Deeds”.

(2) Part 1 of Schedule 1 to the Ombudsman for Children Act 2002 is amended by the insertion of “Property Registration Authority” after “National Museum of Ireland”.