Registered Title
Registration of Title Act
Conversion of Registered Title
Conversion of registered title into absolute or good leasehold.
50.—(1) In the case of land which is registered with a qualified, good leasehold or possessory title, F65[the Authority] may, either on F66[its] own initiative or on an application by the registered owner or other person entitled, if F66[it] is satisfied as to the title, register the title as absolute or good leasehold, as the case may require or admit.
(2) The following provisions shall apply to registered land, other than land registered pursuant to subsection (1) of section 23 of the Act of 1891 or section 26 of this Act:
(a) where the title registered is possessory, an application for the registration of a transfer for valuable consideration or other disposition for value shall, subject to any provisions to the contrary which may be prescribed, be accompanied by all the documents of or relating to the title (including contracts, abstracts, counsel’s opinions, requisitions and replies, and other like documents) in the applicant’s possession or under his control, together with such affidavit as may be prescribed; and where the title registered is qualified, the application shall be accompanied by such documents, if any, as may relate to the matters excepted from the effect of registration, together with such affidavit as may be prescribed;
(b) in any case to which paragraph (a) applies, F65[the Authority] may refuse or postpone the registration until all the required documents have been submitted to F66[it];
(c) where the land has been registered for fifteen years, with a possessory title, F65[the Authority] shall, in any case to which paragraph (a) applies, if satisfied that the registered owner is in possession and after giving such notices, if any, as may be prescribed, register the title as absolute in the case of freehold land or as good leasehold in the case of leasehold land.
(3) The following provisions shall apply to land registered pursuant to subsection (1) of section 23 of the Act of 1891 or section 26 of this Act—
(a) where the title registered is or is deemed to be possessory and the ownership of the land has been registered for more than thirty years, F65[the Authority] may, on the registration of a disposition or transmission on death, if satisfied from the entries in the register or otherwise that no right adverse to or in derogation of the title of the registered owner and protected by the possessory title subsists, register the title as absolute;
(b) where—
(i) the title registered is or is deemed to be possessory, and
(ii) the ownership of the land has been registered for more than twelve years, and
(iii) an application is made for the registration of a transfer for valuable consideration or other disposition for value, and
(iv) a registered transfer for valuable consideration has been made after the first registration of the land but not less than twelve years prior to the application,
F65[the Authority] may, if satisfied from the entries in the register or otherwise that no right adverse to or in derogation of the title of the registered owner and protected by the possessory title subsists, register the title as absolute;
(c) F65[the Authority] may, in any case to which paragraph (b) applies, require the applicant to produce such evidence of the title as F65[the Authority] thinks proper and F66[it] may refuse or postpone the registration until F66[its] requirements have been complied with.
(4) If any claim adverse to the title of the owner has been made, registration under this section shall not be made unless and until the claim has been disposed of.
(5) Where a person other than the owner suffers loss by reason of any registration under this section, section 120 shall have effect as if an error had been made originating in the Land Registry.
Mines, minerals, and mining rights.
73.—(1) A person may be registered as owner of land with or without all or any of the mines and minerals therein, or as owner of any mines and minerals.
(2) A person registered as owner of land shall not, merely by virtue of such registration, be deemed to be owner of the mines and minerals therein.
(3) Where a person is registered as owner of land, but the registration does not extend to all the mines and minerals therein, all such powers of working, way leaves or rights of way, rights of water and drainage and other powers, easements, rights and privileges for or incident to or connected with mining purposes, as are for the time being subsisting over the land, and are not created by express grant or reservation after the first registration of the land, shall be, though not registered, burdens on the land under section 72.
Register of Incorporeal Hereditaments and Other Rights
Register of ownership.
83.—Provision may be made by general rules for registration in the register provided for by paragraph (b) of section 8 and, where necessary, for adapting or applying, with or without modification, the provisions of this Act for the purposes of such registration.
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) F108[the Authority], 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 F108[the Authority] 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.]
Entry of boundaries by agreement.
87.—(1) F112[The Authority] may at any time, on the application of the registered owners of adjoining lands, or of the registered owner of land and an owner of adjoining unregistered land, and on the prescribed conditions being complied with, settle and enter on the register as conclusive the boundaries between those lands or any parts thereof, with such alterations, if any, as may from time to time be agreed upon.
(2) An entry in pursuance of this section shall be conclusive only as between the parties to the application and their respective successors in interest, and shall not operate to confirm the title to the lands the boundaries whereof are settled.
Annotations
Amendments:
F112
Substituted (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 4(2), S.I. No. 511 of 2006.
Settlement of boundaries on transfer.
88.—(1) On the transfer of part of any registered land, F113[the Authority], on the prescribed conditions being complied with, may enter on the register as conclusive the boundaries between the part transferred and the part not transferred.
(2) If on any transfer of registered land any question arises as to the boundaries or extent of the land transferred, F113[the Authority] shall, on the application of the transferor or transferee, have jurisdiction to decide the question as between them, and for that purpose may, if it seems expedient, adopt the decision of any person agreed on by them or appointed by F113[the Authority].
Meaning of owner of unregistered land in regard to boundaries.
89.—For the purposes of the provisions of this Act with respect to boundaries, the owner of unregistered land is the person who is in possession thereof claiming to be entitled to the first estate of freehold or to a leasehold interest therein, or a receiver over such estate or interest appointed by a court of competent jurisdiction, and acting under the order of such court.
Powers of person entitled to be registered as owner of land or charge.
F114[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 à 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.]
Undivided shares and co-owners.
91.—(1) The owner of any one or more undivided shares in any land or a charge may be registered with the addition of the prescribed entries in the register for the purpose of showing the share which he holds in the land or charge.
(2) Two or more persons may, in such manner and subject to such conditions as may be prescribed, be registered as owners of the same land or of a charge on land, and where two or more persons are so registered they shall be deemed to be joint tenants, unless there is an entry in the register to the effect that they are tenants in common.
(3) On the registration of two or more persons as owners of the same land or of the same charge, an entry may, with their consent, be made in the register to the effect that, when the number of those owners is reduced below a certain specified number, no registered disposition of the land or charge is to be made except by order of the court.
(4) On the registration of two or more persons as owners of the same land or of the same charge, if F115[the Authority] is satisfied that any number of those owners less than the whole are entitled to make a registered disposition of the land or charge, F116[it] shall make an entry in the register to that effect, and such number of those owners shall have power to make a registered disposition of the land or charge without an order of the court notwithstanding the foregoing provisions of this section.
Avoidance of certain stipulations in contracts
115.—Every stipulation in a contract for the sale or charge of registered land or for the transfer of a registered charge whereby the purchaser or intending chargeant or the intending transferee (as the case may be) is precluded from making requisitions in relation to burdens generally or any particular burden which, by virtue of section 72, may affect the land shall be void.
Exemption of land from registration in Registry of Deeds.
116.—(1) The registration under this Act of the ownership of any estate or interest in land shall, on and after the date of registration, exempt that estate or interest from the provisions of the enactments relating to the Registry of Deeds; and a deed or other document relating to that estate or interest and executed or coming into operation on or after that date shall not, unless it also relates to unregistered land, require to be registered in the Registry of Deeds. The registration of such ownership shall not, however, have the effect of exempting from registration in the Registry of Deeds any deed or document relating to the title to any other estate or interest in the land other than a deed or document creating such estate or interest.
F149[(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.]
(3) When the registration in the Registry of Deeds of any deed or other document within a certain period or otherwise is required by any enactment, registration of the title under such deed or other document (within the same period, where registration within a certain period is required) shall be a compliance with the provisions of that enactment.
Exemption from registration elsewhere of burdens registered under this Act.
117.—(1) Registration of a burden under this Act shall have the same effect as, and make unnecessary, registration of any deed or document relating to such burden, in the Registry of Deeds. In the case of a leasehold interest the ownership of which is not registered under this Act such exemption shall extend only to the lease itself and not to any other deed or document relating to the title to the leasehold interest.
(2) (a) Registration in the prescribed manner of a judgment, order, inquisition, recognizance or State bond as a burden under this Act shall have the same effect as and make unnecessary, for any purpose as regards the land, the registration thereof in the Registry of Judgments;
(b) No such judgment, order, inquisition, recognizance or bond shall, after the expiration of five years from the date of such registration, affect any registered land as to purchasers, mortgagees or creditors, unless and until it is re-registered in the prescribed manner under this Act within five years before the execution of the conveyance, settlement, mortgage, lease, or other instrument vesting or transferring the legal or equitable right to the estate or interest in or to any such purchaser or mortgagee for valuable consideration, or as to creditors within five years before the right of such creditor accrued, and so re-registered at the expiration of every succeeding five years.
Indemnity of the Authority
118.—F150[The Authority] shall not, nor shall any person acting under F151[its] authority or under any order or general rule made in pursuance of this Act, be liable to any action, suit or proceeding for or in respect of any act or matter bona fide done or omitted to be done in the exercise or supposed exercise of the powers of this Act, or any order or general rule made in pursuance of this Act.