First Previous (PART 2 Property Registration Authority ) Next (PART 4 Other Amendments to Registration of Title Act 1964 )

12 2006

REGISTRATION OF DEEDS AND TITLE ACT 2006

PART 3

Registration of Deeds

Interpretation (Part 3).

32.— (1) In this Part, unless the context otherwise requires—

“ deed ” means a document by which an estate or interest in land is created, transferred, charged or otherwise affected and includes any of the following documents, whether under seal or not, affecting land:

(a) a conveyance;

(b) a document not attested;

(c) an assent under the Succession Act 1965 ;

(d) a vesting certificate under the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 ;

(e) a certificate vesting property in the Official Assignee under the Bankruptcy Act 1988 ;

(f) a receipt under section 43 of the Industrial and Provident Societies Act 1893, section 53 of the Friendly Societies Act 1896, section 84(1) of the Building Societies Act 1976 or section 18(1) of the Housing Act 1988 ;

(g) an affidavit or a certificate of satisfaction prescribed by the Judgement Mortgage (Ireland) Act 1850;

(h) a judgment, decree or order of a court or a declaration by a court of title, division or allotment;

(i) a notification or order under the Land Reclamation Act 1949 ;

(j) a notice under the Family Home Protection Act 1976 ;

(k) a certified copy of a statement under section 3(8)(c) (inserted by section 54(1)(b)(ii) of the Family Law Act 1995 ) of the Family Home Protection Act 1976 ;

(l) a record of the registration of the ownership of any estate or interest in land as referred to in section 116(2) of the Act of 1964;

(m) information in electronic or other non-legible form which is capable of being converted into any of the preceding documents; and

(n) such other documents as may be prescribed;

but does not include—

(i) any document affecting, or in so far as it affects, registered land, or

(ii) any lease for a term not exceeding 21 years (or such other period as may be prescribed) where actual occupation is in accordance with the lease;

“ land ” includes—

(a) land of any tenure,

(b) land covered by water,

(c) houses or other buildings or structures whatsoever and parts thereof, whether divided vertically, horizontally or otherwise,

(d) mines and minerals, whether held apart from the surface or not,

(e) incorporeal hereditaments;

“ lease ” means any contract of tenancy and includes an agreement for a lease;

“ record ” includes any book, index or document and any information in electronic or other non-legible form which is capable of being converted into a permanent legible form;

“ register ” means the register of deeds maintained under section 35 ;

“ Registry ” has the meaning given to it by section 33 ;

“ repealed enactments ” means the enactments repealed by this Act.

(2) In this Part, unless the context otherwise requires—

(a) a reference to a section or the Schedule is a reference to a section of, or the Schedule to, this Act,

(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs,

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, extended or adapted, whether before or after the commencement of this Act, by or under any subsequent enactment.

Registry of Deeds.

33.— (1) There shall be an office or offices for the purpose of registering deeds.

(2) The office or offices shall be known as the Registry of Deeds (referred to in this Part as “the Registry”).

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

Transitional provision.

34 .— (1) Any register or record maintained under any of the enactments mentioned in Part 1 of the Schedule shall form part of the appropriate register or record maintained under this Part or general rules.

(2) Any document issued or made under any of the enactments mentioned in Part 1 of the Schedule and in force immediately before the commencement of this section shall continue in force and have the same validity as if made or issued under this Part.

Register of deeds.

35 .— (1) The Authority shall maintain a register of deeds.

(2) The register—

(a) shall be in the prescribed form,

(b) shall contain the prescribed information, and

(c) may be in an electronic or other non-legible form which is capable of being converted into a permanent legible form.

Registration of deeds.

36.— (1) An application for registration of a deed in the register shall be made in the prescribed form.

(2) The manner in which registration is to be effected shall be prescribed.

Allocation of serial numbers.

37.— A serial number shall be allocated in the prescribed manner to every application for registration under this Part.

Effect of registration.

38.— (1) Deeds registered under this Part are deemed and taken as good and effectual both in law and equity according to the priority determined by the serial numbers allocated to them pursuant to section 37 and shall, as regards any right, title, interest or liability arising from their execution, rank in priority among themselves according to the priority determined by the serial numbers so allocated.

(2) A deed which is not so registered is void against a registered deed affecting the land concerned.

(3) This section is without prejudice to the application of any rule of law or equity in cases where a person claiming under a registered deed had knowledge, or is deemed to have had knowledge, of a prior unregistered deed.

Validity of certain registered deeds.

39.— (1) Subject to subsection (2), proof of execution of a deed by a witness to the execution by a grantee under the deed is deemed to be and always to have been as valid, for the purposes of section 6 of the Registration of Deeds Act 1707, as if the witness had been a witness to the execution by a grantor under it.

(2) Subsection (1) does not affect—

(a) any judgment or order given or made before the commencement of this section in any proceedings, including appeal proceedings, or

(b) any proceedings pending at such commencement,

in relation to the execution of a deed.

Rectification of errors.

40.— (1) Where any error occurs in registration—

(a) the Authority may, with the consent of the applicant for registration and of such other persons as may appear to be interested, rectify the error on 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 Circuit Court, if of opinion that the error can be rectified without injustice to any person, may order the error to be rectified on such terms as to costs or otherwise as it thinks just.

(2) The jurisdiction conferred on the Circuit Court under this section may be exercised by the judge assigned to the circuit where the land or any part of the land concerned is situated.

Procuring registration of false deed.

41.— Any person who procures or attempts to procure the registration of any deed—

(a) knowing it to be false in any material particular, or

(b) knowing any signature on it to be false,

is guilty of an offence and liable—

(i) on summary conviction, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or both, and

(ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.

Other records.

42 .— (1) The Authority shall maintain such records relating to registered deeds as may be prescribed.

(2) The information contained in any documentation delivered to the Authority may be recorded and kept in an electronic or other non-legible form which is capable of being converted into a permanent legible form.

(3) Any reference in any enactment to the issue of any documentation by the Authority includes a reference to the communication of the information concerned by transmission in any prescribed electronic or other non-legible form.

(4) Where any such documentation is required to be signed or certified, it may be authenticated in any other prescribed manner.

Searches.

43.— Searches of records maintained under this Part may be made in such manner and by such means as may be determined by the Authority.

Inspection, search and examination of records.

44.— Any person may, during such hours, in such manner and subject to such conditions as may be determined by the Authority, inspect, search, copy, examine and make extracts from, or take short notes of, such records maintained under this Part as may be prescribed.

Evidence in proceedings.

45.— Without prejudice to section 9 (6), a document purporting—

(a) to be a copy or reproduction of any entry in the register or of any other record maintained, made or issued under this Part, 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.

Closing of Index of Lands.

46.— The Index of Lands established by section 17 of the Registry of Deeds (Ireland) Act 1832 is deemed to have been closed on 31 December 1946.

Closing of certain other records.

47.— The Day Book, Abstract Book, Duplicate Abstract Book, Transcript Book and Duplicate Copy of Index of Names are deemed to have been closed during the period or periods during which any of them was not being kept in accordance with the Registry of Deeds (Ireland) Act 1832.

General rules.

48 .— The Registration of Deeds and Title Rules Committee established by section 74 may, with the agreement of the Minister, make general rules for the purpose of enabling this Part to have full effect and, without prejudice to the generality of the foregoing, may make provision in those rules in relation to any of the following matters:

(a) the form, content and indexing of the register and records;

(b) the forms of application for registration of deeds;

(c) the procedures to be observed in connection with registration, including the allocation of serial numbers to applications for registration and their cancellation where the applications are refused;

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

(e) any other matter referred to in this Part as prescribed.

Saver for certain deeds.

49.— Nothing in this Part affects the registration or priority of any deed—

(a) lodged or presented for registration before the commencement of this section, or

(b) registered in accordance with the law in force before such commencement.