Registration of Deeds
Registration of Deeds and Title Act 2006
PART I
Interpretation.
3.— In this Act—
“ Act of 1964 ” means the Registration of Title Act 1964;
“ Authority ” means the Property Registration Authority established under section 9 ;
“ general rules ” means rules under section 48 or under section 126 of the Act of 1964;
“ Minister ” means the Minister for Justice, Equality and Law Reform.
PART 2
Property Registration Authority
Establishment day.
7.— The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.
Definition ( Part 2 ).
8.— In this Part, “ Chief Executive ” means the Chief Executive of the Authority.
Property Registration Authority.
9.— (1) On the establishment day there stands established a body to be known as An tÚdarás Clárúcháin Maoine or, in the English language, the Property Registration Authority (in this Part referred to as the “Authority”), with the functions conferred on it by this Act.
(2) The Authority—
(a) is a body corporate with perpetual succession and an official seal,
(b) may sue, and be sued, in its corporate name, and
(c) may, with the consent of the Minister, acquire, hold and dispose of land or an interest in land or any other property.
(3) Subject to this Act, the Authority is independent in the performance of its functions.
(4) The seal of the Authority may be authenticated by—
(a) the signature of the chairperson or another member authorised by the Authority to act in that behalf, and
(b) the signature of the Chief Executive or another member of the staff of the Authority so authorised.
(5) Judicial notice shall be taken of the seal.
(6) In any proceedings a document purporting to be a document made or issued by, and to be sealed with the seal of, the Authority and any copy so sealed of such a document is admissible, without further proof, as evidence of the document and the matters mentioned in it.
(7) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Authority by any person generally or specially authorised by it for that purpose.
Functions of Authority.
10.— (1) The functions of the Authority are—
(a) to manage and control the Registry of Deeds and the Land Registry,
(b) to promote and extend the registration of ownership of land,
(c) to deal with applications under Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978,
(d) to undertake or commission, or collaborate or assist in, research projects and activities relating to the registration of ownership of land, including the compilation of statistical data needed for the proper planning, development and provision of services related to such registration,
(e) to perform any additional functions conferred on it under subsection (4) , and
(f) to keep the Minister informed of progress in relation to the registration of ownership of land and to assist him or her in the development of policy in relation to such registration.
(2) The Authority may disseminate, to such extent and in such manner as it considers appropriate, information in relation to the services provided by it and their availability.
(3) The Authority may, subject to this Act, do anything which it considers necessary or expedient to enable it to perform its functions.
(4) The Minister may by order confer on the Authority such additional functions connected with the functions for the time being of the Authority as he or she considers appropriate.
(5) An order under this section—
(a) shall be made with the consent of the Minister for Finance and after consultation with the Authority,
(b) may be subject to any conditions specified in the order, and
(c) may contain such incidental, supplemental or consequential provisions as may, in the opinion of the Minister, be necessary to give full effect to it.
(6) The Minister may by order amend or revoke an order under this section, including an order under this subsection.
Membership.
11.— (1) The Authority shall consist of not more than 11 members.
(2) Notwithstanding subsection (1) , until the first appointment to the Authority of a person elected by members of its staff in accordance with subsection (5) (d) , the Authority shall consist of not more than 10 members.
(3) The members of the Authority shall be appointed by the Minister, who shall designate one of them as its chairperson.
(4) In appointing persons to be members of the Authority the Minister shall, subject to subsection (5) , have regard to the desirability of their having knowledge or experience of conveyancing practice and procedure, business, finance, management, administration, consumer affairs or any other subject which would, in his or her opinion, be of assistance to the Authority in performing its functions.
(5) Of the members of the Authority—
(a) one shall be a person who is a practising barrister nominated by the General Council of the Bar of Ireland,
(b) one shall be a person who is a practising solicitor nominated by the Council of the Law Society of Ireland,
(c) one shall be an officer of the Minister,
(d) one shall be a member of the staff of the Authority elected by secret ballot of such members—
(i) if notice of the holding of the first election is given before the establishment day, in such manner as the Minister directs in writing, or
(ii) in any other case, in such manner as the Authority, with the consent of the Minister, determines.
(6) Subject to subsection (7) , members of the Authority shall hold office for a term of 4 years from the date of their appointment.
(7) (a) Five of the members (excluding the chairperson) first appointed to the Authority shall hold office for a term of 3 years from the date of their appointment, and those members shall be selected by the drawing of lots by the chairperson at a meeting of the Authority to be held for that purpose as soon as may be after the establishment day.
(b) A member who is not present at the meeting may be so selected.
(c) The quorum of the meeting is 7.
(8) A member may resign from the Authority by letter addressed to the Minister.
(9) The resignation takes effect on the day on which the Minister receives the letter.
(10) A member holds office as such member until his or her term of office expires, unless he or she sooner dies, resigns, is removed from office or otherwise ceases to be a member.
(11) The Minister may for stated reasons at any time remove from office a member of the Authority for misbehaviour or where the Minister considers that either—
(a) the member has become incapable through ill health of performing his or her functions as a member, or
(b) the member’s removal is necessary for the effective performance by the Authority of its functions.
(12) A member of the Authority ceases to be a member on—
(a) being adjudicated bankrupt,
(b) making a composition or arrangement with creditors,
(c) being sentenced to imprisonment on conviction on indict-ment,
(d) being convicted of an offence involving fraud or dishonesty,
(e) being disqualified or restricted from being a director of any company,
(f) ceasing to be ordinarily resident in the State, or
(g) if on appointment he or she was a person to whom any paragraph of subsection (5) applied, ceasing to be such a person.
(13) The chairperson holds office as such chairperson until his or her term of office as a member of the Authority expires, unless he or she sooner dies, resigns or is removed from office or otherwise ceases to be a member but, if re-appointed as a member, he or she is eligible to be designated by the Minister as chairperson.
(14) In making appointments to the Authority the Minister shall have regard to the extent to which each sex is represented in its membership and ensure that an appropriate balance in this respect is maintained.
(15) Each member of the Authority shall act on a part-time basis and be paid such remuneration (if any) and allowances for expenses as the Minister, with the consent of the Minister for Finance, may determine.
Vacancies.
12.— (1) Subject to section 16 (2) , the Authority may act notwithstanding any vacancy or vacancies in its membership.
(2) If a member of the Authority dies, resigns, ceases to hold office or is removed from office, the Minister may appoint a person to be a member of the Authority to fill the vacancy.
(3) A person so appointed holds office for the remainder of the term of office of the member whom he or she replaces and is eligible for reappointment for one further term.
(4) Where a vacancy occurs, the Minister shall take steps to fill it as soon as practicable.
Membership etc., of Dáil, Seanad or European Parliament.
13.— (1) A member of the Authority ceases to be a member on—
(a) accepting nomination as a member of Seanad Éireann,
(b) being elected as a member of either House of the Oireachtas or to be a representative in the European Parliament, or
(c) being regarded under Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament.
(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a representative in the European Parliament is, while so entitled or such a representative, disqualified for appointment as a member of the Authority or for employment by it in any capacity.
Disclosure of interests.
14.— (1) Where a member of the Authority or a member of an advisory committee, a consultant or an adviser appointed by the Authority has (otherwise than in that capacity) a pecuniary interest or other beneficial interest in, or material to, any matter to be considered by the Authority or advisory committee, he or she shall—
(a) in advance of any consideration of the matter, disclose that interest and its nature to the Authority or advisory committee, as the case may be,
(b) neither influence nor seek to influence any decision to be made in relation to it,
(c) not make any recommendation in relation to it,
(d) not take part in any consideration of it,
(e) absent himself or herself from any meeting, or part of a meeting, at which it is being considered or discussed,
(f) not be counted towards a quorum during any such consideration or discussion, and
(g) not vote on any decision relating to the matter.
(2) Without prejudice to the generality of subsection (1) , a person is regarded for the purposes of this section as having beneficial interest if—
(a) he or she or any connected relative, any nominee of his or hers or any connected relative of the nominee is a member of a company or any other entity which has a beneficial interest in, or material to, a matter to be considered by the Authority or advisory committee,
(b) he or she or any connected relative is in partnership with or in the employment of a person who has a beneficial interest in, or material to, such a matter,
(c) he or she or any connected relative is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or
(d) any connected relative has a beneficial interest in, or material to, such a matter.
(3) For the purposes of this section a person is not regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of the person, or of any company or other entity or person mentioned in subsection (2) , which is so remote or insignificant that it could not reasonably be regarded as likely to influence a person in considering, discussing or voting on any question with respect to the matter or in performing any function in relation to it.
(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by the person to comply with subsection (1) , it shall be determined by the Authority or advisory committee, and particulars of the determination shall be recorded in the minutes of the meeting concerned.
(5) Where a disclosure under subsection (1) is made to the Authority or an advisory committee, particulars of the disclosure shall be recorded in the minutes of the meeting concerned.
(6) Where a member of the Authority does not make a disclosure in accordance with this section, the Minister shall determine the appropriate action (including removal from office) to be taken.
(7) Where a person, other than such a member, does not make a disclosure in accordance with this section, the Authority shall determine the appropriate action (including removal from office as a member of an advisory committee or termination of contract) to be taken.
(8) In this section “connected relative” means, in relation to a person, the person’s spouse or partner or the parent, brother, sister or child of the person or of the person’s spouse or partner.
Non-disclosure of confidential information.
15.— (1) Unless otherwise provided for by law, a person shall not, without the consent of the Authority, disclose any confidential information obtained while performing, or as a result of having performed, duties as a member of the Authority or advisory committee or as a consultant or an adviser appointed by the Authority.
(2) A person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding €2,500.
(3) In this section, “confidential information” includes information that is expressed by the Authority to be confidential as regards either particular information or information of a particular class or description.
Meetings.
16.— (1) The Authority shall hold such and so many meetings as may be necessary for the due fulfilment of its functions but in each year it shall hold not less than one meeting in each period of 3 months.
(2) Subject to section 11 (7) (c) , the quorum of a meeting of the Authority is 4 or such other number (not being less than 4) as the Authority may from time to time determine.
(3) The Minister shall fix the date, time and place of the first meeting of the Authority.
(4) At a meeting of the Authority—
(a) the chairperson of the Authority shall, if present, be chairperson of the meeting,
(b) if and so long as the chairperson of the Authority is not present or if the office of chairperson is vacant, the members of the Authority present shall choose one of their members to be chairperson of the meeting, and
(c) every question is determined by a majority of the votes of the members present and voting on the question and, if there is an equal division of votes, the chairperson of the meeting shall have a second or casting vote.
(5) Subject to this Part, the Authority may regulate its own procedures.
Committees, consultants and advisers to Authority.
17.— (1) Subject to the approval of the Minister, the Authority may from time to time appoint such and so many advisory committees and such and so many consultants or advisers as it may consider necessary to assist it in the performance of its functions.
(2) The appointment of a person to an advisory committee or as a consultant or adviser is for such period and subject to such terms and conditions as the Authority may consider appropriate.
(3) Any fees or expenses payable to a member of an advisory committee or to a consultant or an adviser must be agreed by the Minister with the prior consent of the Minister for Finance.
(4) An advisory committee must include persons who have special knowledge and experience related to the purposes of the committee concerned.
(5) The Authority may at any time dissolve an advisory committee.
(6) The Authority shall ensure the maintenance of an appropriate balance as between men and women in an advisory committee’s membership.
(7) The Authority may engage under contract such, and such number of, persons to provide such services to the Authority under such terms and conditions as may, with the approval of the Minister and the consent of the Minister for Finance, be determined by the Authority.
Strategic plans.
18.— (1) The Authority shall, as soon as practicable after it is established and thereafter within 6 months before each third anniversary of its establishment, prepare and submit to the Minister, for approval by the Minister with or without amendment, a strategic plan for the ensuing 3 year period.
(2) A strategic plan shall—
(a) set out the key objectives, outputs and related strategies of the Authority, including its use of resources,
(b) comply with any directions issued from time to time by the Minister in relation to the form and manner of the plan’s preparation, and
(c) have regard to the need to ensure the most beneficial and efficient use of the Authority’s resources.
(3) The Minister shall, as soon as practicable after a strategic plan has been so approved, cause a copy of it to be laid before each House of the Oireachtas.
Reports to Minister.
19.— (1) The Authority shall, not later than 30 June in each year, make a report to the Minister on the performance of its functions and on its activities during the preceding year.
(2) The Minister shall cause copies of the report to be laid before each House of the Oireachtas.
(3) The report shall be in such form and include information regarding such matters as the Authority considers appropriate or the Minister may from time to time direct.
(4) The Authority may from time to time make other reports to the Minister on the performance of its functions.
(5) The Authority shall give the Minister such information as he or she may require relating to—
(a) any matter concerning the policies and activities of the Authority,
(b) any specific document or account prepared by it, or
(c) any report referred to in subsection (1) or (4) .
(6) For the purposes of subsection (1) the period between the date of the establishment of the Authority and the following 31 December is deemed to be the preceding year referred to in that subsection.
General policy directives.
20.— (1) The Minister may, from time to time as occasion requires, issue to the Authority such general directives in writing in relation to policy concerning registration of deeds or ownership of land or any other function of the Authority as he or she considers necessary.
(2) The Authority shall, in performing its functions, comply with any directive under this section.
(3) Nothing in this Act is to be construed as enabling the Minister to exercise any power or control in relation to any particular case with which the Authority is or may be concerned.
Fees.
21.— (1) Subject to subsection (2) , the Minister, with the consent of the Minister for Finance, may by order fix the fees to be charged by the Authority for its services and may revoke or amend any such order, including an order under this subsection.
(2) The fees shall not be fixed at a level calculated to produce an annual amount which is less than that sufficient to discharge the salaries, remuneration and other expenses payable under and incidental to the working of this Act and the Act of 1964.
(3) Any provision of this Act or general rules requiring or authorising anything to be done or any document to be issued by the Authority is to be construed as requiring or authorising it to be done or the document to be so issued on payment of the prescribed fee.
(4) Fees payable under this section shall be collected and taken in such manner as the Minister for Finance may from time to time direct and be paid into and disposed of for the benefit of the Exchequer in accordance with the directions of that Minister.
(5) The Public Offices Fees Act 1879 does not apply to fees payable under this section.
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.
S.I. No. 52/2008 –
Registration of Deeds Rules, 2008
Commencement
1. These Rules may be cited as the Registration of Deeds Rules 2008 and shall come into operation on the 1st day of May 2008.
Interpretation
2. (1) In these Rules—
“the Act” means the Registration of Deeds and Title Act 2006 , and words or expressions defined in the Act have the same meaning as in the Act where the context so admits;
“the Act of 1707” means the Registration of Deeds Act 1707;
“the Authority” means the Property Registration Authority;
“Form” or “Forms” means a form or the forms in the Schedule of Forms;
“prescribed fee” means the appropriate fee fixed by the Minister for Justice, Equality and Law Reform by order under section 21 of the Act;
“Registry” means the Registry of Deeds provided for by Section 33 of the Act.
(2) The Interpretation Act 2005 shall apply for the purpose of the interpretation of these Rules except so far as it may be inconsistent with the Act or with these Rules.
Hours of business
3. The Registry shall be open to the public from 10 a.m. to 4.30 p.m. daily except on Saturdays, Sundays, and the following days, namely—
(a) New Year’s Day (or the day kept as a holiday in lieu thereof);
(b) St. Patrick’s Day (or the day kept as a holiday in lieu thereof);
(c) Good Friday;
(d) Easter Monday;
(e) the first Monday in May;
(f) the first Monday in June;
(g) the first Monday in August;
(h) the last Monday in October;
(i) Christmas Day (or the day kept as a holiday in lieu thereof);
(j) St. Stephen’s Day (or the day kept as a holiday in lieu thereof) and the next following working day; and
(k) any other working day which is a day appointed to be a public holiday.
The Register
4. (1) The register shall consist of information required by the Act and these Rules to be maintained in respect of each deed registered under the Act.
(2) The register shall be maintained in paper form or electronic form, or partly in one form and partly in the other form.
(3) Where the register or any part thereof is in electronic form it may be arranged, maintained, kept, stored, preserved, inspected, searched, copied and examined in such manner as the Authority may determine.
(4) The register shall be maintained in Irish or in English or partly in one language and partly in the other language.
(5) The register shall contain the following information in respect of each deed registered under the Act—
(a) the name of the deed,
(b) the date of the deed,
(c) the grantors in the deed,
(d) the grantees in the deed,
(e) a description of the property,
(f) the serial number allocated under Rule 7,
(g) the date of registration,
(h) such other information as may be considered necessary by the Authority.
(6) The information retained in the register established by the Act of 1707 shall be deemed to constitute part of the register.
(7) The information held shall not be accessible during such period as may arise as a result of force majeure, that is to say unusual and unforeseen circumstances beyond the control of the Authority.
Records kept by the Registry
5. (1) The records of the Registry established by the Act of 1707 shall be kept by the Authority.
(2) There shall be kept by the Registry in respect of each registration a record, as appropriate, containing the name of the deed, the date of the deed, the name of each Grantor, the name of one Grantee, the description of the property, the serial number, the date of registration and the general nature of the deed.
(3) The records may be kept in paper form or electronic form or partly in one form and partly in the other form.
Applications for registration
6. (1) Save as otherwise provided in these Rules, every application for registration of a deed shall be in the appropriate form of the Schedule of Forms to these Rules, with such alterations and additions as the circumstances require and which the Authority allows and shall be accompanied by the deed and the prescribed fee.
(2) If it appears to the Authority that any application is improper in form or in substance or is not clearly expressed or does not indicate with sufficient precision the particular interest or land which it is intended to affect or refers only to matters which are not the subject of registration under the Act or is otherwise expressed in a manner inconsistent with the principles upon which the register is to be kept, it may refuse registration, either absolutely or except subject to such modifications therein as it shall approve.
(3) Where application is made for registration of a lease for a term not exceeding 21 years (or such other period as may be prescribed) the Authority shall assume that actual occupation is not in accordance with the lease.
(4) To ensure accuracy in the registered details the Authority shall compare the details on the application form with those in the deed in respect of which registration is being made.
(5) Applications may be lodged by hand, by post or by such other means as may be directed by the Authority.
(6) Applications may be lodged during the hours the Registry is open to the public. Applications delivered to the Registry before 10.00 a.m. on any day it is open to the public shall be deemed to be lodged at the same time at 10.00 a.m. on that day and applications delivered after 4.30 p.m. on any such day shall be deemed to be lodged at the same time at 10.00 a.m. on the next day on which the Registry is open to the public.
(7) Every application shall be deemed to be received when the prescribed information at Rule 5(2) is recorded by the Authority.
(8) Registration shall be effected by recording the prescribed information at Rule 5(2).
Serial numbers
7. (1) A serial number, numbered annually and sequentially, shall be allocated to each application in the order in which it is received in the Registry.
(2) Where two or more applications are received at the same time they shall be allocated serial numbers randomly among themselves except that where lodged by the same party that party may expressly direct in writing the order in which the applications lodged are to be registered.
Endorsement of registration
8. Every deed that has been registered shall have a certificate of its registration endorsed thereon in the manner directed by the Authority.
Inspection and searching
9. (1) Any person may on payment of the prescribed fee, 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 the register and records maintained by the Authority during the hours the Registry is open to the public.
(2) Certified copies of memorials and of registered application forms may be obtained on payment of the prescribed fee.
Vesting Certificates
10. Application for registration of a vesting certificate under Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 shall be made in Form 4 accompanied by the vesting certificate and the prescribed fee.
Bankruptcy proceedings
11. Application for registration of a vesting certificate in bankruptcy shall be made by lodging the Vesting Certificate issued under sections 46 or 118 of the Bankruptcy Act 1988 .
Discharge, release and receipt of mortgage
12. (1) Application for registration of a discharge or release or partial discharge or partial release of a mortgage shall be made in Form 6, accompanied by the discharge or release and the prescribed fee.
(2) Application for registration of a receipt on a mortgage shall be made in Form 7, accompanied by the mortgage deed with the receipt endorsed thereon, and the prescribed fee.
Discharge, release and satisfaction of judgement mortgage
13. Application for registration of satisfaction of judgement mortgage shall be made in Form 1 or Form 1A, as appropriate, accompanied by an affidavit or certificate of satisfaction or a discharge or release by the judgement creditor or his personal representative and the prescribed fee.
Judgements, Orders, Decrees or Declarations of Court
14. (1) Except as provided by sub-rules (2) and (3), application for registration of a judgement, order, decree or declaration of Court shall be made in Form 1 or 1A, as appropriate, accompanied by evidence of the judgement, order, decree or declaration and the prescribed fee.
(2) Application for registration of an order of Court pursuant to sections 9 or 18 of the Family Law Act 1995 or sections 14 or 22 of the Family Law (Divorce) Act 1996 shall be made by lodgement of a copy of the order certified in accordance with those sections.
(3) Application for registration of an order of Court pursuant to section 25 of the Criminal Justice Act 1994 or section 10 of the Proceeds of Crime Act 1996 shall be made by lodgement of the notice of the order referred to in those sections.
Notification or Order under the Land Reclamation Act 1949
15. Application for registration of a notification or order under the Land Reclamation Act 1949 shall be made by lodgement of the order.
Notice under the Family Home Protection Act 1976
16. Application for registration of a notice under section 12 of the Family Home Protection Act 1976 shall be in Form 5.
Statement under the Family Home Protection Act 1976
17. Application for registration 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 , shall be made in Form 8 accompanied by a certified copy of the statement and the prescribed fee.
Registration of ownership under the Registration of Deeds and Title Acts 1964 and 2006
18. The notice of registration of ownership under the Registration of Deeds and Title Acts 1964 and 2006 shall be in Forms 9 or 10, as appropriate.
Official Search
19. (1) Any person may, on payment of the prescribed fee, apply to the Authority to make an Official Search in such manner and subject to such conditions as may be determined by the Authority and to be provided with the details of any results thereof duly certified.
(2) The application shall be in Form 11.
(3) The certificate of the result of the search shall be in Form 12.
SCHEDULE OF FORMS
Form 1
REGISTRY OF DEEDS
Application by solicitor for registration of a deed of conveyance/assignment/ grant/assent/ judgment mortgage or other document other than those referred to in forms 2-7 (Rule 6)
Note: To be completed in type face or with black pen using block capital letters
I AB
Solicitor forCD
apply for registration of a deed the particulars of which are set out hereunder. I certify that the particulars are in accordance with the Deed.
Signed: ……………………………………………
Name of lodging party: Solr ref: ……………………………………..
Address of lodging party:
Name of Deed: Conveyance/Assignment/ Grant/Assent/Judgement Mortgage or other document (Delete as appropriate)
For official use only: Applicant Code Office Code
Date of deed
Name all Grantor(s):
Forename Surname
1
Forename Surname
2
Forename Surname
3
Forename Surname
4
(Use additional sheet for further GRANTORS if necessary)
Name all Grantee(s):
Forename Surname
1
Forename Surname
2
Forename Surname
3
Forename Surname
4
(Use additional sheet for further GRANTEES if necessary)
Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE DEED SHOULD NOT BE PROVIDED HEREUNDER)
ADDRESS (AS IN DEED)
Situate in TOWN: ………………………………………..
TOWNLAND:
PARISH: ……………………………………………………..
BARONY:
CITY:
COUNTY:
Area (if included in the deed)
Map co-ordinates (if included in the deed)
Geo Directory address (if included in the deed)
*(use additional sheet for further PROPERTIES if necessary)
For Assignments only:
[See Note]
Lease date:
Lessor:
Lessee:
Term:
Commencement date:
Rent:
Registry of Deeds reference:
For Official Use Only REGISTRATION made BY: ………………………….. DATE: ……………………………………………SERIAL NUMBER …………………………………………………………………………………………………….
Note:
Lease details to be provided where application is made for registration of an Assignment
Form 1A
REGISTRY OF DEEDS
Application by a personal applicant for registration of a deed of Conveyance/Assignment/ Grant/Assent/Judgement Mortgage or other document, other than those referred to in Forms 2-7 (Rule 6)
Note: To be completed in type face or with black pen using block capital letters
I ABof
make oath and say as follows:
1. I set out hereunder particulars of a deed, which I require to have registered.
2. I certify that the particulars are in accordance with the deed.
3. I apply for registration of the deed.
Name of lodging party: Your ref: ………………………………….
Address of lodging party:
Name of Deed: Conveyance/Assignment/ Grant/Assent/Judgement Mortgage or other document (Delete as appropriate)
For official use only: Applicant Code Office Code
Date of deed:
Name all Grantor(s):
Forename Surname
1
Forename Surname
2
Forename Surname
3
Forename Surname
4
(Use additional sheet for further GRANTORS if necessary)
Name all Grantee(s):
Forename Surname
1
Forename Surname
3
Forename Surname
3
Forename Surname
4
(Use additional sheet for further GRANTEES if necessary)
Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE DEED SHOULD NOT BE PROVIDED HEREUNDER)
ADDRESS (AS IN DEED):
Situate in TOWN:
TOWNLAND:
PARISH:
BARONY:
CITY:
COUNTY:
Area (if included in the deed)
Map co-ordinates (if included in the deed)
Geo Directory address (if included in the deed)
For Assignments only:
[See Note]
Lease date:
Lessor:
Lessee:
Term:
Commencement date:
Rent:
Registry of Deeds reference
Signature of deponent
Sworn this the ……. day of…………………. 20 ……….. at ……………………
………………………………………………
in the County of
before me a Commissioner for Oaths [or other qualified person] and I know the Deponent
or I know ……………………………………. whocertifies his knowledge of the deponent
I, ……………………. certify that I know the deponent.
Signature ……………………………………………Commissioner for Oaths/Practicing Solicitor
Signature ……………………………………….
For Official Use Only REGISTRATION made BY: ………………………DATE: ………………………………………..SERIAL NUMBER ………………………………………………………………………………………….
Note
Lease details to be provided where application is made for registration of an assignment.
Form 2
REGISTRY OF DEEDS
Application for registration of a lease (Rule 6)
Note: To be completed in type face or with black pen using block capital letters
I AB
Solicitor for CD
apply for registration of a lease the particulars of which are set out hereunder. I certify that the particulars are in accordance with the Lease.
Signed: ………………………………………………
Name of lodging party: Solr ref:
Address of lodging party:
For official use only: Applicant Code Office Code
Date of Lease
Name all Lessor(s)/Landlord(s)/Grantor(s):
ForenameSurname
1
Forename Surname
2
Forename Surname
3
Forename Surname
4
(use additional sheet for further Lessor(s)/Landlord(s)/Grantor(s) if necessary)
Name all Lessee(s)/Tenant(s)/Grantee(s):
ForenameSurname
1
Forename Surname
2
Forename Surname
3
Forename Surname
4
(use additional sheet for further Lessee(s)/Tenant(s)/Grantee(s) if necessary)
Term of Lease …………………………. Commencement date ………………………………. Rent ……………………………….
Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE LEASE SHOULD NOT BE PROVIDED HEREUNDER)
ADDRESS (AS IN LEASE):
Situate in TOWN:
TOWNLAND:
PARISH:
BARONY:
CITY:
COUNTY:
Area (if included in the lease)
Map co-ordinates (if included in the lease)
Geo Directory address (if included in the lease)
*(use additional sheet for further PROPERTIES if necessary)
For Official Use Only REGISTRATION made BY: ………………………DATE: ………………………………………..SERIAL NUMBER ………………………………………………………………………………………….
Form 2A
REGISTRY OF DEEDS
Application by a personal applicant for registration of a lease (Rule 6)
Note: To be completed in type face or with black pen using block capital letters
I AB
of
Make oath and say as follows:
1. I apply for registration of a lease the particulars of which are set out hereunder.
2. I certify that the particulars are in accordance with the Lease.
3. I apply for registration of the lease.
Name of lodging party: Your ref:
Address of lodging party:
For official use only: Applicant Code Office Code
Date of Lease
Name all Lessor(s)/Landlord(s)/Grantor(s):
ForenameSurname
1
Forename Surname
2
Forename Surname
3
Forename Surname
4
(use additional sheet for further Lessor(s)/Landlord(s)/Grantor(s) if necessary)
Name all Lessee(s)/Tenant(s)/Grantee(s):
ForenameSurname
1
Forename Surname
2
Forename Surname
3
Forename Surname
4
(use additional sheet for further Lessee(s)/Tenant(s)/Grantee(s) if necessary)
Term of Lease …………………………. Commencement date ………………………………. Rent ……………………………….
Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE LEASE SHOULD NOT BE PROVIDED HEREUNDER)
ADDRESS (AS IN LEASE):
Situate in TOWN:
TOWNLAND:
PARISH:
BARONY:
CITY:
COUNTY:
Area (if included in the lease)
Map co-ordinates (if included in the lease)
Geo Directory address (if included in the lease)
*(use additional sheet for further PROPERTIES if necessary)
Signature of deponent
Sworn this the ……… day of…………….. 20………, at ……………………
………………………………………………
in the County of
before me a Commissioner for Oaths [or other qualified person] and I know the Deponent
or I know ……………………………………. whocertifies his knowledge of the deponent
I, ……………………. certify that I know the deponent.
Signature ……………………………………………Commissioner for Oaths/Practicing Solicitor
Signature ……………………………………….
For Official Use Only REGISTRATION made BY: ………………………DATE: ………………………………………..SERIAL NUMBER ………………………………………………………………………………………….
Form 3
REGISTRY OF DEEDS
Application by a solicitor for registration of a mortgage/charge/debenture (Rule 6)
Note: To be completed in type face or with black pen using block capital letters
I AB
Solicitor for CD
apply for registration of a deed the particulars of which are set out hereunder. I certify that the particulars are in accordance with the Deed.
Signed: ………………………………………………
Name of lodging party: Solr ref:
Address of lodging party:
Name of Deed: Mortgage/ Charge/ Debenture (Delete as appropriate)
For official use only: Applicant Code Office Code
Date of deed:
Name all Mortgagor(s)/Borrower(s)/Chargor(s):
ForenameSurname
1
Forename Surname
2
Forename Surname
3
Forename Surname
4
(Use additional sheet for further Mortgagor(s)/Borrower(s)/Chargor(s) if necessary)
Name all Lender(s)/Others:
1
2
3
4
(Use additional sheet for further Lender(s)/Others if necessary)
Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE MORTGAGE SHOULD NOT BE PROVIDED HEREUNDER)
ADDRESS (AS IN MORTGAGE):
Situate in
TOWN: …………………………………….
TOWNLAND:
PARISH: ………………………………….
BARONY:
CITY: ……………………………………….
COUNTY:
Area (if included in the deed)
Map co-ordinates (if included in the deed)
Geo Directory address (if included in the deed)
*(use additional sheet for further PROPERTIES if necessary)
Note: When the mortgage deed does not affect specific property, it will not be registrable in the Registry of Deeds unless it affects one of the following general descriptions of the borrower’s land. In these circumstances you must be able to tick one of the following, reference to which must be in the stated paragraph of the mortgage deed—
All other property and assets of the Mortgagor(s)/Borrower(s)/Chargor(s) in paragraph ………… of the mortgage deed
All other (if any) freehold/leasehold property of the Mortgagor(s)/Borrower(s)/Chargor(s) in paragraph ………. of the mortgage deed
When the mortgage deed affects specific property, it may also affect other land of the borrower which is described in general terms in the mortgage deed. In these circumstances you should tick one of the following, reference to which must be in the stated paragraph of the mortgage deed—
All other property and assets of the Mortgagor(s)/Borrower(s)/Chargor(s) in paragraph ………. of the mortgage deed
All other (if any) freehold/leasehold property of the Mortgagor(s)/Borrower(s)/Chargor(s) in paragraph …….. of the mortgage deed
Inter alia, one or more properties of the Mortgagor(s)/Borrower(s)/Chargor(s) in paragraph………….. of the mortgage deed
For Official Use Only REGISTRATION made BY: ………………………DATE: ………………………………………..SERIAL NUMBER ………………………………………………………………………………………….
Form 3A
REGISTRY OF DEEDS
Application by a personal applicant for registration of a mortgage/charge/debenture (Rule 6)
Note: To be completed in type face or with black pen using block capital letters
I ABof
Make oath and say as follows:
1. I set out hereunder particulars of a deed, which I require to have registered.
2. I certify that the particulars are in accordance with the deed.
3. I apply for registration of the deed.
Name of lodging party: Your ref:
Address of lodging party:
Name of Deed: Mortgage/ Charge/ Debenture (Delete as appropriate)
For official use only:Applicant Code Office Code
Date of deed:
Name all Mortgagor(s)/Borrower(s)Chargor(s):
Forename Surname
1
Forename Surname
2
Forename Surname
3
Forename Surname
4
(Use additional sheet for further Mortgagor(s)/Borrower(s)/Chargor(s) if necessary)
Name all Lender(s)/Others:
1
2
3
4
(Use additional sheet for further Lender(s)/Others if necessary)
Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE MORTGAGE SHOULD NOT BE PROVIDED HEREUNDER)
ADDRESS (AS IN MORTGAGE):
Situate in
TOWN:
TOWNLAND:
PARISH:
BARONY:
CITY:
COUNTY:
Area (if included in the deed)
Map co-ordinates (if included in the deed)
Geo Directory address (if included in the deed)
*(use additional sheet for further PROPERTIES if necessary)
Note: When the mortgage deed does not affect specific property, it will not be registrable in the Registry of Deeds unless it affects one of the following general descriptions of the borrower’s land. In these circumstances you must be able to tick one of the following, reference to which must be in the stated paragraph of the mortgage deed—
All other property and assets of the Mortgagor(s)/Borrower(s)/Chargor(s) in paragraph …………. of the mortgage deed
All other (if any) freehold/leasehold property of the Mortgagor(s)/ Borrower(s)/Chargor(s) in paragraph ………… of the mortgage deed
When the mortgage deed affects specific property, it may also affect other land of the borrower which is described in general terms in the mortgage deed. In these circumstances you should tick one of the following, reference to which must be in the stated paragraph of the mortgage deed—
All other property and assets of the Mortgagor(s)/Borrower(s)/Chargor(s) in paragraph …… of the mortgage deed
All other (if any) freehold/leasehold property of the Mortgagor(s)/ Borrower(s)/Chargor(s) in paragraph …….. of the mortgage deed
Inter alia, one or more properties of the Mortgagor(s)/ Borrower(s)/Chargor(s) in paragraph ….of the mortgage deed
Signature of deponent
Sworn this the ……… day of…………….. 20………., at ……………………
………………………………………………
in the County of
before me a Commissioner for Oaths [or other qualified person] and I know the Deponent
or I know ……………………………………. whocertifies his knowledge of the deponent
I, ……………………. certify that I know the deponent.
Signature ……………………………………………Commissioner for Oaths/Practicing Solicitor
Signature ……………………………………….
For Official Use Only REGISTRATION made BY: ………………………DATE: ………………………………………..SERIAL NUMBER ………………………………………………………………………………………….
Form 4
REGISTRY OF DEEDS
Application for registration of a Vesting Certificate issued under the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 (Rules 6, 10)
Note: To be completed in type face or with black pen using block capital letters
I AB
apply for registration of a Vesting Certificate, the particulars of which are set out hereunder. I certify that the particulars are in accordance with the Vesting Certificate.
Signed: ……………………………………..
Name of lodging party: Solr Ref (if applicable):
Address of lodging party:
Nature of document: Vesting Certificate
For official use only: Office Code
Date of Vesting Certificate
Party Name(s)
Forename Surname
1
Forename Surname
2
Forename Surname
3
Forename Surname
4
(Use additional sheet for further Parties if necessary)
Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE VESTING CERTIFICATE SHOULD NOT BE PROVIDED HEREUNDER)
ADDRESS (AS IN VESTING CERTIFICATE)
Situate in
TOWN:
TOWNLAND:
PARISH:
BARONY:
CITY:
COUNTY:
Area (if included in the vesting certificate)
Map co-ordinates (if included in the vesting certificate)
Geo Directory address (if included in the vesting certificate)
For Official Use Only REGISTRATION made BY: ………………………DATE: ………………………………………..SERIAL NUMBER ………………………………………………………………………………………….
Form 5
REGISTRY OF DEEDS
Application for registration of a notice of marriage under the Family Home Protection Act 1976 (Rules 6, 16)
Note: To be completed in type face or with black pen using block capital letters
For official use only: Office Code
I ABof
do solemnly and sincerely declare as follows:
(1) I am the lawful spouse of of
(2) I married the said on day ofat
(3) The said property the particulars of which are set out below comprises the family home of the said and I.
(4) I make this Declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .
I apply for registration of this notice pursuant to section 12 of the Family Home Protection Act 1976 .
Description of the Property:
ADDRESS:
Situate in
TOWN:
TOWNLAND:
PARISH:
BARONY:
CITY:
COUNTY:
Area (if known)
Map co-ordinates (if known)
Geo Directory address (if known)
*(USE additional sheet for further PROPERTIES)
Signature of declarant
Declared this the …. day of …………………… 20…., at
in the County of
before me a Commissioner for Oaths [or other qualified person] and I know the Declarant
or I know……………………………….. whocertifies his knowledge of the deponent
I, …………………………… certify that I know the declarant.
Signature……………………………………………Commissioner for Oaths/Practicing Solicitor
Signature…………………………………………
For Official Use Only REGISTRATION made BY: ………………………DATE: ………………………………………..SERIAL NUMBER ………………………………………………………………………………………….
Form 6
REGISTRY OF DEEDS
Application for registration of a discharge or release or partial discharge or partial release of mortgage/charge, (Rules 6, 12)
Note: To be completed in type face or with black pen using block capital letters
I AB
Solicitor for CD apply for registration of the discharge or release or partial discharge or partial release the particulars of which are set out hereunder. I certify that the particulars are in accordance with the Deed.
Signed: ………………………………………………..
Name of lodging party: Solr Ref:
Address of lodging party:
Name of Deed: Discharge/ Release/Partial Discharge/Partial Release (Delete as appropriate)
For official use only: Applicant Code Office Code
Date of discharge or release
Parties: Grantor(s) [of ]
Grantee(s) [of ]
Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE DEED SHOULD NOT BE PROVIDED HEREUNDER)
ADDRESS (AS IN DEED):
Situate in
TOWN:
TOWNLAND:
PARISH:
BARONY:
CITY:
COUNTY:
Area (if included in the deed)
Map co-ordinates (if included in the deed)
Geo Directory address (if included in the deed)
*(USE additional sheet for further PROPERTIES if necessary)
Particulars of Original Mortgage or Charge
(Date and parties and registration reference, (if registered) i.e. date, book and number or serial number)
For Official Use Only REGISTRATION made BY: ………………………DATE: ………………………………………..SERIAL NUMBER ………………………………………………………………………………………….
Form 7
REGISTRY OF DEEDS
Application for registration of a receipt (Rules 6, 12)
Note: To be completed in type face or with black pen using block capital letters
I AB
apply for registration of a receipt, the particulars of which are set out hereunder.
I certify that the particulars are true and accurate.
Signed: …………………………………………….
Name of lodging party: Solr Ref (if applicable):
Address of lodging party:
(Please furnish registered original (Deed of Mortgage/Charge/Further Charge)(Delete as appropriate)
Tick box below as appropriate
With receipt pursuant to Section 18 of the Housing Act 1988 endorsed thereon.
With receipt pursuant to Section 84 of the Building Societies Act 1976 endorsed thereon.
Serial number or Registry reference of Original Mortgage
Year
Book
Number
For Official Use Only REGISTRATION made BY: ………………………DATE: ………………………………………..SERIAL NUMBER ………………………………………………………………………………………….
Form 8
REGISTRY OF DEEDS
Application for registration 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 (Rules 6, 17)
Note: To be completed in type face or with black pen using block capital letters
I ABof
apply for registration of the Statement, the particulars of which are set out hereunder.
I certify that the particulars are in accordance with the Statement.
Signed: …………………………………..
Name of lodging party: Solr Ref:
Address of lodging party:
Name of document: Statement
For official use only: Office Code
Date of Statement
Party Name(s)
Forename Surname
1
Forename Surname
2
Forename Surname
3
Forename Surname
4
(Use additional sheet for further PARTIES if necessary)
Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE STATEMENT SHOULD NOT BE PROVIDED HEREUNDER)
ADDRESS (AS IN STATEMENT):
Situate in
TOWN:
TOWNLAND:
PARISH:
BARONY:
CITY:
COUNTY:
Area (if included in the statement)
Map co-ordinates (if included in the statement)
Geo Directory address (if included in the statement)
*(USE additional sheet for further PROPERTIES if necessary)
For Official Use Only REGISTRATION made BY: ………………………DATE: ………………………………………..SERIAL NUMBER ………………………………………………………………………………………….
Form 9
REGISTRY OF DEEDS
Notification of registration of freehold title in the Land Registry (Rule 18)
From LAND REGISTRY
To The Registry of Deeds,
Take note of the registration in the Land Registry of the ownership of the person named at 1 of the schedule hereto in the freehold land the particulars whereof are set out at 2 of the said schedule. The ownership was registered on , in the folio of the Register of owners of freehold specified at 3 of the said schedule.
DATED THE
SCHEDULE
1. Name, Address and Description of the Registered Owner(s)
2. Townland, Barony and County, or Parish and Town, or City in which the lands are situate
COUNTY
3. Folio Number of the Register in which the ownership appears
For Official Use Only REGISTRATION made BY: ………………………DATE: ………………………………………..SERIAL NUMBER ………………………………………………………………………………………….
Form 10
REGISTRY OF DEEDS
Notification of registration of leasehold title in the Land Registry (Rule 18)
From LAND REGISTRY
To The Registry of Deeds,
Take note of the registration in the Land Registry of the ownership of the person named at 1 of the schedule hereto in the leasehold interest under lease dated
from
to
of the lands particulars whereof are set out at 2 in the schedule for a term of years at a rent of
The ownership was registered on in the folio at 3 of the said schedule.
DATED THE
SCHEDULE
1. Name, Address and Description of the Registered Owner(s)
2. Townland, Barony and County, or Parish and Town, or City in which the lands are situate
COUNTY
3. Folio Number of the Register in which the ownership appears
For Official Use Only REGISTRATION made BY: ………………………DATE: ………………………………………..SERIAL NUMBER ………………………………………………………………………………………….
Form 11
REGISTRY OF DEEDS
Requisition for an official search against names of Grantors (Rule 19)
Note: To be completed in type face or with black pen using block capital letters
To the Property Registration Authority
I require to be furnished with a certificate of all acts or deeds registered by reference to names of Grantors only, by—
Search against each person as follows:
(Tick box if appropriate)
Omit leases
Omit general charges
Omit Releases
Omit other (specify)
NAMES
DATES
1……………………………………………………….
FROM:TO:
2……………………………………………………….
FROM:TO:
3……………………………………………………….
FROM:TO:
4……………………………………………………….
FROM:TO:
AFFECTING—
(Please insert former (if any) and present description of premises i.e. Townland, Barony, Street, Parish, District, Site Nos, and County etc.)
DATE: SIGNED:
POSTAL ADDRESS of Lodging Party
To:The Registry of DeedsHenrietta StreetDublin 1.
Form 12
REGISTRY OF DEEDS
Certificate of result of official search (Rule 19)
(Please note that this form will be printed in Landscape format)
After diligent search made on foot of the details in the application form (Form 11) bearing Application No. (copy attached) I certify at the date of this certificate that no entry appears except as set out in the Schedule hereto.
Date
Signed by …………………………………… duly authorised officer.
Schedule
We, the Registration of Deeds and Title Rules Committee, constituted pursuant to the provisions of Section 74 of the Registration of Deeds and Title Act 2006 , in exercise of the power conferred on us by Section 48 of the Registration of Deeds and Title Act 2006 , with the concurrence of the Minister for Justice, Equality and Law Reform, do hereby make the foregoing Rules.
Dated this 19th day of February, 2008.
Mary Laffoy, Judge of the High Court
Gerard McCaughey, Chairperson of the Property Registration Authority
Catherine Treacy, Chief Executive of the Property Registration Authority
James Dwyer, Senior Counsel
Owen M. Binchy, Solicitor
I, BRIAN LENIHAN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by Section 48 of the Registration of Deeds and Title Act 2006 , hereby concur in the making of the foregoing Rules.
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GIVEN under my Official Seal,
29 February 2008
BRIAN LENIHAN
MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Rules, which come into effect on the 1st day of May 2008, provide general rules for the Registry of Deeds in accordance with Section 48 of the Registration of Deeds and Title Act 2006 .
S.I. No. 350/2009 –
Registration of Deeds Rules 2009
REGISTRATION OF DEEDS RULES 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 8th September, 2009.
1. (1) These Rules may be cited as the Registration of Deeds Rules, 2009.
(2) These Rules and the Registration of Deeds Rules 2008 may be cited together as the Registration of Deeds Rules 2008 to 2009.
(3) These Rules and the Land Registration Rules 2008 shall be construed together as one.
2. These Rules shall come into operation on the 1st day of November, 2009.
3. An application for cancellation of a Property Adjustment Order pursuant to section 9 of the Family Law Act 1995 or section 14 of the Family Law (Divorce) Act 1996 may be made in Form 13, 14 or 15 in the Schedule of Forms hereto.
4. Registration may be effected by entry opposite the entry of the property adjustment order, to the effect that the order has been complied with.
Schedule of Forms
Form 13
Registry of Deeds
Book Page Number or Serial Number
I, AB
solicitor for
hereby certify that the property adjustment order registered in the Registry of Deeds under the above Book, Page and Number or Serial Number has been complied with in full insofar as the property (described in the schedule hereto — to be inserted where compliance is in respect of part of the property the subject of the order) the subject of the order is concerned and I hereby apply for the entry of a note of compliance in the register maintained in the Registry of Deeds.
Signed
Dated this day of 20.
Schedule
(To contain a description of the property)
Form 14
Registry of Deeds
Book Page Number or Serial Number
I, CD
hereby make oath and say as follows:-
1. There is registered in the Registry of Deeds, under the above Book, Page and Number or Serial Number a property adjustment order pursuant to section 9 of the Family Law Act 1995 (or section 14 of the Family Law (Divorce) Act 1996 )
2. I am the beneficiary of the said property adjustment order.
3. The said property adjustment order has been complied with in full insofar as the property (described in the schedule hereto — to be inserted where compliance is in respect of part of the property the subject of the order) the subject of the order is concerned.
4. I apply for the entry of a note of compliance in the register maintained in the Registry of Deeds.
Sworn this the day of 20atin the county ofbefore mea Commissioner for Oaths (or other qualified person) and I know the deponent (or I know EFwho certifies his knowledge of the deponent)
I EF hereby certify that I know the
Deponent.
Signature Signature
Schedule
(To contain a description of the property)
Form 15
Registry of Deeds
Book Page Number or Serial Number
Whereas there is registered in the Registry of Deeds under the above Book, Page and Number or Serial Number a property adjustment order under section 9 of the Family Law Act 1995 , (or section 14 of the Family Law (Divorce) Act 1996 ) and whereas the said order has been complied with in full insofar as the property (described in the schedule hereto — to be inserted where compliance is in respect of part of the property the subject of the order) the subject of the order is concerned.
Now we, GH and IJ, the parties to the proceedings, hereby consent to, and apply for the entry of a note of compliance in the register maintained in the Registry of Deeds.
Dated this day of 20.
Signed by the said GH
in the presence of
Signed by the said IJ
in the presence of
Schedule
(To contain a description of the property)
We, the Registration of Deeds and Title Rules Committee, constituted pursuant to the provisions of section 74 of the Registration of Deeds and Title Act 2006 in exercise of the power conferred on us by section 48 of the Registration of Deeds and Title Act 2006 , with the concurrence of the Minister for Justice, Equality and Law Reform, do hereby make the foregoing Rules.
Dated this day of, 2009.
Mary Laffoy, Judge of the High Court
John T. Coleman, Chairman of the Property Registration Authority
Catherine Treacy, Chief Executive of the Property Registration Authority
James Dwyer, Senior Counsel
Owen M. Binchy, Solicitor
I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by Section 48 of the registration of Deeds and Title Act 2006 , hereby concur in the making of the foregoing Rules.
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GIVEN under my Official Seal,
2 September 2009
DERMOT AHERN.
Minister for Justice, Equality and Law Reform.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Rules made under section 48 of the Registration of Deeds and Title Act 2006 , come into effect on 1st November, 2009 and provide for the registration of an entry of compliance with a property adjustment order, pursuant to section 9 of the Family Law Act 1995 or section 14 of the Family Law (Divorce) Act 1996 as amended by sections 74 and 75 of the Civil Law (Miscellaneous Provisions) Act 2008 .
S.I. No. 457/2009 –
Registration of Deeds (No. 2) Rules 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 27th November, 2009.
1. (1) These Rules may be cited as the Registration of Deeds (No. 2) Rules, 2009.
(2) These Rules and the Registration of Deeds Rules 2008 to 2009 may be cited together as the Registration of Deeds Rules 2008 to 2009 (No. 2).
(3) These Rules and the Registration of Deeds Rules 2008 to 2009 shall be construed together as one.
2. These Rules shall come into operation on the 1st day of December 2009.
3. (1) Application for registration of a judgment mortgage pursuant to section 116 of the Land and Conveyancing Law Reform Act 2009 shall be made in Form 16 as set out in the schedule hereto and shall have endorsed thereon a certificate that the judgment was obtained, signed by the proper officer of the relevant court.
(2) For the purposes of registration the judgment debtor shall be deemed to be the grantor and the judgment creditor shall be deemed to be the grantee.
4. For the purposes of the registration of a charging order under section 17 of the Nursing Homes Support Scheme Act 2009 , the person described as the owner shall be deemed to be the grantor and the Health Service Executive shall be deemed to be the grantee.
5. The Registration of Deeds Rules 2008 are amended by the substitution of the following for rule 12 of those rules:
“Discharge, release and receipt of mortgage
12. (1) Application for registration of a discharge or release or partial discharge or partial release of a mortgage shall be made in Form 6, accompanied by the discharge or release and the prescribed fee.
(2) Application for registration of a receipt on a mortgage shall be made in Form 7, accompanied by the mortgage deed with the receipt endorsed theron, and the prescribed fee.
(3) Registration of the discharge or release of, or receipt endorsed on, any mortgage or charge may be effected by entry opposite, or at the foot of, the entry of the mortgage or charge, to the effect that the mortgage or charge has been discharged or released.”.
6. The Registration of Deeds Rules 2008 are amended by the substitution of the following for rule 13 of those rules:
“Discharge, release and satisfaction of judgment mortgage
13. (1) Application for registration of satisfaction of judgment mortgage shall be made in Form 1 or 1A, as appropriate, accompanied by an affidavit or certificate of satisfaction or a discharge or release by the judgmentcreditor or his personal representative and the prescribed fee.
(2) Registration may be effected by entry opposite, or at the foot of, the entry of the judgment mortgage to the effect that the judgment has been satisfied, discharged or released.”.
7. The Registration of Deeds Rules 2009 are amended by the substitution of the following for rule 4 of those rules:
“4. Registration may be effected by entry opposite, or at the foot of, the entry of the property adjustment order, to the effect that the order has been complied with.”
SCHEDULE Form 16
Registry of Deeds
The High Court/Circuit Court/District Court
Title: Record No:
Between:
A.B. Plaintiff
and
C.D. Defendant
Note: To be completed in type face or with black pen using block capital letters
1. I, AB, aged 18 and upwards, of ………………………………………….. the creditor within the meaning of section 115 of the Land and Conveyancing Law Reform Act 2009 make oath and say as follows:—
2. I, AB, (or EF) of ………………………………… (See Note) did on the day of obtain a judgment in the court against CD of ……………………………………………. in the above entitled Action, Matter or Cause.
3. To the best of my knowledge and belief, the said CD, the Defendant, at the date of swearing of the affidavit, has an estate or interest in certain lands the particulars of which are set out below:
Description of the Property:
POSTAL ADDRESS:
Situate in
TOWN: TOWNLAND:
PARISH: BARONY:
CITY: COUNTY:
Area (if known)
Map co-ordinates (if known)
Geo Directory address (if known)
*(USE additional sheet for further PROPERTIES)
4. I apply for registration of the said judgment as a judgment mortgage in the register of deeds.
Signature of deponent.I, , hereby certify thatI know the deponent. Signature
Sworn this the day of , 20, at in the county of before me, a Commissioner for Oaths (or other qualified person) and I know the deponent (or, I know, who certifies his knowledge of the deponent), Signature
I certify that judgment was obtained in the above entitled action in the High Court/Circuit Court/District Court
Dated the day of 20.
*Signature
*of the proper officer of the court in which the judgment was obtained.
NOTE: See section 115 of the Land and Conveyancing Law Reform Act 2009 .
We, the Registration of Deeds and Title Rules Committee, constituted pursuant to the provisions of Section 74 of the Registration of Deeds and Title Act 2006 in exercise of the power conferred on us by Section 48 of the Registration of Deeds and Title Act 2006 , with the concurrence of the Minister for Justice, Equality and Law Reform, do hereby make the foregoing Rules.
Dated this 19th day of November, 2009.
Mary Laffoy, Judge of the High Court
John T. Coleman, Chairman of the Property Registration Authority
Catherine Treacy, Chief Executive of the Property Registration Authority
James Dwyer, Senior Counsel
Owen M. Binchy, Solicitor
I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by Section 48 of the Registration of Deeds and Title Act 2006 , hereby concur in the making of the foregoing Rules.
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GIVEN under my Official Seal,
25 November 2009.
DERMOT AHERN,
Minister for Justice, Equality and Law Reform.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation.)
These Rules, which come into effect on the 1st of December 2009, provide for the registration of judgment mortgages pursuant to section 116 of the Land and Conveyancing Law Reform Act 2009 , for new Form 16, for the registration of charging orders under the Nursing Homes Support Scheme Act 2009 , for the amendment of rules 12 and 13 of the Registration of Deeds Rules 2008 and for the amendment of rule 4 of the Registration of Deeds Rules 2009.
S.I. No. 387/2013 –
Registration of Deeds Rules 2013.
1. (1) These Rules may be cited as the Registration of Deeds Rules 2013.
(2) These Rules and the Registration of Deeds Rules 2008 to 2009 (No. 2) may be cited together as the Registration of Deeds Rules 2008 to 2013.
(3) These Rules and the Registration of Deeds Rules 2008 to 2013 shall be construed together as one.
2. These Rules shall come into operation on the 1st day of November 2013.
3. Application for registration of a judgment mortgage pursuant to Section 116 of the Land and Conveyancing Law Reform Act 2009 shall be made in Form 16 as set out in the schedule hereto and shall have endorsed [thereon] a certificate that the judgment was obtained, signed by the proper officer of the relevant District Court, Circuit Court or, in the case of a Supreme Court or High Court judgment, the High Court.
4. (1) Application for registration of a judgment mortgage in execution of a judgment for the payment of a sum of money that is recognised under the Brussels I Regulation shall be made in Form 16A.
(2) The Brussels I Regulation has the meaning given to it by the European Communities (Civil and Commercial Judgment) Regulations 2002 (S.I. No. 52/2002).
5. (1) Application for registration of a judgment mortgage in execution of a European Enforcement Order for the payment of a sum of money shall be made in Form 16B.
(2) European Enforcement Order has the meaning given to it by the European Communities (European Enforcement Order) Regulations 2005 (S.I. No. 648/2005).
6. Rule 3 of the Registration of Deeds (No. 2) Rules 2009 ( S.I. No. 457 of 2009 ) is hereby rescinded.
SCHEDULEForm 16
Registry of Deeds
The Supreme Court/High Court/Circuit Court/District Court
Title: Record No:
Between:
A.B. Plaintiff
and
C.D. Defendant
Note: To be completed in type face or with black pen using block capital letters
1. I, AB, aged 18 and upwards, of ………………………………………….. the creditor within the meaning of Section 115 of the Land and Conveyancing Law Reform Act 2009 make oath and say as follows:—
2. I, AB, (or EF) of ………………………………… (See Note) did on the day of obtain a judgment in the …………….. court against CD of ………………………………………… in the above entitled Action, Matter or Cause.
3. To the best of my knowledge and belief, the said CD, the Defendant, at the date of swearing of the affidavit, has an estate or interest in certain lands the particulars of which are set out below:
Description of the Property:
POSTAL ADDRESS: ______________
Situate in
TOWN: ______________
TOWNLAND: ______________
PARISH: ______________
BARONY: ______________
CITY: ______________
COUNTY: ______________
Area (if known)
Map co-ordinates (if known)
Geo Directory address (if known)
*(USE additional sheet for further PROPERTIES)
4. I apply for registration of the said judgment as a judgment mortgage in the register of deeds.
Signature of deponent.
Sworn this the day of , 20,
at in the county of before me a Commissioner for Oaths (or other qualified person) and I know the deponent
I. X.Y., hereby certify that I know the deponent.
(or, I know X.Y., who certifies his/her knowledge of the deponent).
Signature
Signature
I certify that judgment was obtained in the above entitled action in the Supreme Court/High Court/Circuit Court/District Court
Dated the day of 20.
*Signature
* of the proper officer of the relevant court referred to in Rule 3.
Form 16A
Registry of Deeds
Court: (insert the name of the court or tribunal where judgment was obtained)
Case reference No. (insert the court’s case reference number)
Note: To be completed in type face or with black pen using block capital letters
1. I AB, aged 18 and upwards, of the creditor referred to in the order of the Master of the High Court dated the day of make oath and say as follows:-
2. I, AB of did on the day of obtain a judgment in the (insert the name of the court or tribunal where judgment was obtained) against CD of. in the above entitled Action, Matter or Cause.
3. The judgment was declared enforceable by the aforementioned order of the Master of the High Court dated the day of.
Record No.
4. To the best of my knowledge and belief, the said CD, the Defendant, at the date of swearing of the affidavit, has an estate or interest in certain lands the particulars of which are set out below.
Description of the Property:
POSTAL ADDRESS: ______________
Situate in
TOWN: ______________
TOWNLAND: ______________
PARISH: ______________
BARONY: ______________
CITY: ______________
COUNTY: ______________
Area (if known)
Map co-ordinates (if known)
Geo Directory address (if known)
*(USE additional sheet for further PROPERTIES)
5. I apply for registration of the said judgment as a judgment mortgage in the register of deeds.
Signature of deponent.
Sworn this the day of , 20,
at in the county of before me a Commissioner for Oaths (or other qualified person) and I know the deponent
I. X.Y., hereby certify that I know the deponent.
(or, I know X.Y., who certifies his/her knowledge of the deponent).
Signature
Signature
Form 16B
Registry of Deeds
Court: (insert the name of the court or tribunal where judgment was obtained)
Case reference No. (insert the court’s case reference number)
Note: To be completed in type face or with black pen using block capital letters
1. I, AB, aged 18 and upwards of the creditor referred to in a European Enforcement Order certificate dated the day of make oath and say as follows:-
2. I, AB of did on the day of obtain a judgment in the (insert the name of the court or tribunal where judgment was obtained) against CD of. in the above entitled Action, Matter or Cause.
3. The judgment was certified as a European Enforcement Order in the court of origin on the day of
4. To the best of my knowledge and belief, the said CD, the Defendant, at the date of swearing of the affidavit, has an estate or interest in certain lands the particulars of which are set out below.
Description of the Property:
POSTAL ADDRESS: ______________
Situate in
TOWN: ______________
TOWNLAND: ______________
PARISH: ______________
BARONY: ______________
CITY: ______________
COUNTY: ______________
Area (if known)
Map co-ordinates (if known)
Geo Directory address (if known)
*(USE additional sheet for further PROPERTIES)
5. I apply for registration of the said judgment as a judgment mortgage in the register of deeds.
Signature of deponent.
Sworn this the day of , 20,
at in the county of before me a Commissioner for Oaths (or other qualified person) and I know the deponent
I. X.Y., hereby certify that I know the deponent.
(or, I know X.Y., who certifies his/her knowledge of the deponent).
Signature
Signature
We, the Registration of Deeds and Title Rules Committee, constituted pursuant to the provisions of Section 74 of the Registration of Deeds and Title Act 2006 in exercise of the powers conferred on us by Section 48 of the Registration of Deeds and Title Act 2006 , with the concurrence of the Minister for Justice and Equality, do hereby make the foregoing Rules.
DATED this day of September 2013
______________MARY LAFFOY, Judge of the High Court
______________JOHN T. COLEMAN, Chairman of the Property Registration Authority
______________FRANK TREACY, Interim Chief Executive of the Property Registration Authority
______________JAMES DWYER, Senior Counsel
______________OWEN M. BINCHY, Solicitor
I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by Section 48 of the Registration of Deeds and Title Act 2006 , hereby concur in the making of the foregoing Rules.
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GIVEN under my Official Seal,
26 September 2013.
ALAN SHATTER,
Minister for Justice and Equality.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation.)
These Rules, which come into effect on the 1st of November 2013, amend the provisions for the registration of judgment mortgages pursuant to Section 116 of the Land and Conveyancing Law Reform Act 2009 to specifically include judgments of the Supreme Court, provide for the registration of judgment mortgages in execution of judgments of the courts of Member States of the European Community with the exception of Denmark that are recognised and enforceable pursuant to the Brussels I Regulation or as a European Enforcement Order and for an amended Form 16 and new Forms 16A and 16B.
S.I. No. 727/2021 –
Registration of Deeds Rules 2021
1. (1) These Rules may be cited as the Registration of Deeds Rules 2021.
(2) These Rules and the Registration of Deeds Rules 2008 to 2013 may be cited together as the Registration of Deeds Rules 2008 to 2021.
(3) These Rules and the Registration of Deeds Rules 2008 to 2013 shall be construed together as one.
(4) In these Rules, “the Rules of 2008” means Registration of Deeds Rules 2008.
(5) In these Rules, “the Rules of 2009” means Registration of Deeds Rules 2009.
(6) In these Rules, “the Rules of 2013” means Registration of Deeds Rules 2013.
2. These Rules shall come into operation on the 16th day of December 2021.
Notice under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
3. The Rules of 2008 are amended by the insertion of the following immediately after Rule 16 of those Rules;
16A. Application for registration of a notice under section 36 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 shall be in Form 5A.
4. The Schedule of Forms to the Rules of 2008 is amended by the insertion of Form 5A set out hereunder immediately after Form 5 in that Schedule.
Form 5A
REGISTRY OF DEEDS
Application for registration of a notice of existence of a civil partnership under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (Rules 6 and 16A)
Note: To be completed in type face or with black pen using block capital letters
For official use only: Office Code
I, AB_________________of
do solemnly and sincerely declare as follows:
(1) I am the lawful civil partner of of
(2) The civil partnership was registered pursuant to Part 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 on day of 20 at
(3) The said property the particulars of which are set out below comprises the shared home of the said and I.
(4) I make this Declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .
(5) I apply for registration of this notice pursuant to section 36 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .
Description of the Property:
POSTAL ADDRESS: _______________________________________________________________
Situate in TOWN:_________________________TOWNLAND:____________________________
PARISH:________________________ BOROUGH:_____________________________
CITY:__________________________ COUNTY:________________________________
*(USE additional sheet for further PROPERTIES)
Area, where relevant:
DECLARED before me by the said
This the…. day of……………….. 20
At……………………..
And I know the Declarant
_________________________
Commissioner for Oaths
For Official Use Only
REGISTRATION made BY: _________________________DATE:____________
SERIAL NUMBER………………..
Note: To be completed in type face or with black pen using block capital letters
Statement under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
5. The Rules of 2008 are amended by the insertion of the following immediately after Rule 17 of those Rules;
17A. Application for registration of a statement under section 28(11)(b) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , shall be made in Form 8A accompanied by a certified copy of the statement and the prescribed fee.
6. The Schedule of Forms to the Rules of 2008 is amended by the insertion of Form 8A set out hereunder immediately after Form 8 in that Schedule.
Form 8A REGISTRY OF DEEDS
Application for registration of a statement under section 28(11)(b) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (Rules 6, 17A)
Note: To be completed in type face or with black pen using block capital letters I AB of apply for registration of the Statement, the particulars of which are set out
hereunder. I certify that the particulars are in accordance with the Statement.
Signed:………………………………….. Name of lodging party:………………………………
Solr Ref:………………………………. Address of lodging party:…………………………………………………………………………………
Name of document: Statement
For official use only: Office Code
Date of Statement
Party Name(s) Forename Surname
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(Use additional sheet for further PARTIES if necessary)
Description of the Property: (PROPERTY DETAILS NOT INCLUDED IN THE STATEMENT SHOULD NOT BE PROVIDED HEREUNDER)
ADDRESS (AS IN STATEMENT):………………………………………………………………..
Area (if included in the statement) Map co-ordinates (if included in the statement) Geo Directory address (if included in the statement) *(USE additional sheet for further PROPERTIES if necessary)
Situate in TOWN:……………………………………
TOWNLAND:………………………………………………………
PARISH:………………………………………
BARONY:…………………………………
CITY:………………………………………
COUNTY:…………………………………………….
For Official Use Only REGISTRATION made BY:………………………DATE:……………………………………….. SERIAL NUMBER………………………………………………………………………………………….
Cancellation of Property Adjustment Orders
7. The Rules of 2009 are amended by the substitution of the following for Rule 3 of those Rules;
3. An application for cancellation of a Property Adjustment Order pursuant to section 9 of the Family Law Act 1995 or section 14 of the Family Law (Divorce) Act 1996 or section 131 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 may be made in Form 13, 14 or 15 in the Schedule of Forms hereto.
8. The Schedule of Forms to the Rules of 2009 is amended by the substitution of the Form 14 hereinafter set out for the form 14 in that Schedule.
Form 14
Registry of Deeds
Book Page Number or Serial Number
I, CD
hereby make oath and say as follows:
1. There is registered in the Registry of Deeds, under the above Book, Page and Number or Serial Number a property adjustment order pursuant to section 9 of the Family Law Act 1995 (or section 14 of the Family Law (Divorce) Act 1996 ) (or section 118 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 )
2. I am the beneficiary of the said property adjustment order.
3. The said property adjustment order has been complied with in full insofar as the property (described in the schedule hereto — to be inserted where compliance is in respect of part of the property the subject of the order) the subject of the order is concerned.
4. I apply for the entry of a note of compliance in the register maintained in the Registry of Deeds.
Sworn this the day of 20
at in the county of before me
a Commissioner for Oaths (or other qualified person) and I know the deponent (or I know EF
who certifies his knowledge of the deponent)
IEF
hereby certify that I know the
Deponent.
Signature
Signature
Schedule
(To contain a description of the property)
9. The Schedule of Forms to the Rules of 2009 is amended by the substitution of Form 15 hereinafter set out for Form 15 in that Schedule.
Form 15
Registry of Deeds
Book Page Number or Serial Number
Whereas there is registered in the Registry of Deeds under the above Book, Page and Number or Serial Number a property adjustment order under section 9 of the Family Law Act 1995 , (or section 14 of the Family Law (Divorce) Act 1996 ) (or section 118 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ) and whereas the said order has been complied with in full insofar as the property (described in the schedule hereto — to be inserted where compliance is in respect of part of the property the subject of the order) the subject of the order is concerned.
Now we, GH and IJ, the parties to the proceedings, hereby consent to, and apply for the entry of a note of compliance in the register maintained in the Registry of Deeds.
Dated this day of 20.
Signed by the said GH
in the presence of
Signed by the said IJ
in the presence of
Schedule
(To contain a description of the property)
Judgment Mortgage
10. Rule 3 of the Rules of 2013 is amended by the substitution of the following for Rule 3 of those Rules:
3. Application for registration of a judgment mortgage pursuant to Section 116 of the Land and Conveyancing Law Reform Act 2009 shall be made in Form 16 as set out in the schedule hereto and shall have endorsed thereon a certificate that the judgment was obtained, signed by the proper officer of the relevant District Court, Circuit Court or, in the case of a Supreme Court or Court of Appeal or High Court judgment, the High Court.
11. The Schedule of Forms to the Rules of 2013 is amended by the substitution of Form 16 hereinafter set out for Form 16 in that Schedule
Form 16
Registry of Deeds
The Supreme Court/Court of Appeal/High Court/Circuit Court/District Court
Title:
Record No:
Between:
A.B. Plaintiff
and
C.D. Defendant
Note: To be completed in type face or with black pen using block capital letters
1. I, AB, aged 18 and upwards, of………………………………………….. the creditor within the meaning of Section 115 of the Land and Conveyancing Law Reform Act 2009 make oath and say as follows:—
2. I, AB, (or EF) of………………………………… (See Note) did on the day of obtain a judgment in the………. court against CD of………………………………………… in the above entitled Action, Matter or Cause.
3. To the best of my knowledge and belief, the said CD, the Defendant, at the date of swearing of the affidavit, has an estate or interest in certain lands the particulars of which are set out below:
Description of the Property:
POSTAL ADDRESS: ___________________________________________
Situate in
TOWN: ____________________TOWNLAND:______________________
PARISH: ___________________BARONY: _________________________
CITY: _____________________COUNTY:__________________________
Area (if known)
Map co-ordinates (if known)
Geo Directory address (if known)
*(USE additional sheet for further PROPERTIES)
4. I apply for registration of the said judgment as a judgment mortgage in the register of deeds.
Signature of deponent.
Sworn this the day of, 20, at in the county of before me a Commissioner for Oaths (or other qualified person) and I know the deponent
I. X.Y., hereby certify that I know the deponent.
(or, I know X.Y., who certifies his/her knowledge of the deponent).
Signature
Signature
I certify that judgment was obtained in the above entitled action in the Supreme Court/Court of Appeal/High Court/Circuit Court/District Court
Dated the day of 20.
*Signature
* of the proper officer of the relevant court referred to in Rule 3.
We, the Registration of Deeds and Title Rules Committee, constituted pursuant to the provisions of Section 74 of the Registration of Deeds and Title Act 2006 in exercise of the powers conferred on us by Section 48 of the Registration of Deeds and Title Act 2006 , with the agreement of the Minister for Housing, Local Government and Heritage, do hereby make the foregoing Rules.
DATED this 16th day of December 2021.
ALEXANDER OWENS, Judge of the High Court
JOHN T. COLEMAN, Chairman of the Property Registration Authority
LIZ POPE, Chief Executive of the Property Registration Authority
JAMES DWYER, Senior Counsel
MAJELLA EGAN, Solicitor
I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by Section 48 of the Registration of Deeds and Title Act 2006 , hereby agree in the making of the foregoing Rules.
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GIVEN under my Official Seal,
16 December, 2021.
DARRAGH O’BRIEN,
Minister for Housing, Local Government and Heritage.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation.)
These Rules, which come into effect on the 16th of December 2021, amend the Registration of Deeds Rules 2008 and the Schedule of Forms in those Rules to provide for the registration of notices and statements under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .
The Registration of Deeds Rules 2009 and the Schedule of Forms in those Rules are amended to include provision for the registration of the cancellation of property adjustment orders made under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .
The Registration of Deeds Rules 2013, relating to the registration of judgment mortgages pursuant to Section 116 of the Land and Conveyancing Law Reform Act 2009 , are amended to include judgments of the Court of Appeal