Land Registration Fee Order, 1944.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: The fees to be charged and taken in the Land Registry in proceedings under the Registration of Title Acts, 1891 and 1942, hereinafter called " the Act of 1891 " and " the Act of 1942," respectively, shall be as set forth in the Schedule annexed hereto, and all such fees shall be payable by means of Land Registry Stamps.
DEFINITIONS OF " VALUE."
num: 2
paragraphs: For the purposes of the transaction, hereinafter mentioned the term " Value " shall have the meanings respectively set forth hereunder, that is to say :—
(1) Applications for first registration, discharge of equities and cancellation of notice of possessory or qualified title :—
Twenty-five times the amount of the Poor Law Valuation of the property.
(2) Applications for the first registration of a leasehold estate by or on behalf of any person other than the original lessee where the property is not separately valued :—
(i) Twenty times the amount of the Rent together with the Fine (if any), or
(ii) The Amount (if any) for which the Lessee Covenants to Insure the Premises, whichever is the greater.
(3) Applications for the registration of the ownership of a charge, the ownership of which was not registered at the time of the entry of the charge as a burden :—
The Value as defined in Clause (9).
(4) Applications for the registration of the ownership of a fee farm rent or rentcharge :—
Twenty Times the amount of the Fee Farm Rent or Rentcharge.
(5) Applications for the registration of the ownership of :—
(a) Incorporeal hereditaments of freehold tenure (other than fee farm rents or rentcharges), or
(b) any other right (the ownership of which is not registered in a freehold register) :—
The consideration (if any) expressed in the Instrument creating the hereditament or right, or £150 whichever is the greater, or (if no consideration is expressed), £150.
(6) Transfers on sale :—
The amount of the Consideration expressed in the Instrument, together with the Amount of any Registered Charge (except a Land Purchase Annuity or a Charge under the Small Dwellings Acquisition Acts, 1899 to 1931), subject to which the lands are transferred, Provided that if the Instrument comprises also Unregistered Land, the value shall be the proportionate part of the consideration referable to the registered land only.
(7) Transfers (other than those for money consideration), and settlements :—
Twenty-five times the amount of the Poor Law Valuation of the property.
Note.—On the occasion of each Change of Ownership under a Settlement Full Fees are payable.
(8) Transfers by way of fee farm grant or any grant reserving a rentcharge :—
Twenty Times the amount of the Fee Farm Rent or the Rentcharge (as the case may be) added to the Purchase Money, Fine or Premium (if any) in the Transfer.
(9) Money Charges (including Judgment Mortgages) :—
(a) Where the amount of the Charge is a Definite Sum :—
The Amount secured.
(b) Where the Charge is to secure an indefinite sum :—
The Amount Covered by the Stamp Duty.
(c) Where the Charge is to secure a Life Annuity :—
Twelve Times the amount of the Annual Sum payable.
(d) Where the Charge is to secure a Perpetual Rentcharge :—
Twenty Times the Annual Sum payable.
Note.—Where the Charge is secured also on property other than Registered Land, the value shall be such amount as bears the same proportion to the whole amount secured as the value of the Registered Land bears to the value of the whole security.
(10) Burdens (other than Money Charges) :—
(a) Rights of Residence, support and similar rights :—
The Value (as defined in Clause (9)) of the Alternative Payment (if any) reserved,
or,
£100, whichever is the greater, or (if no alternative payment is reserved), £100.
(b) Easements, Profits à prendre, and similar incorporeal rights :—
The amount of the Consideration expressed in the the Instrument, or
£100, whichever is the greater, or (if no consideration is expressed therein), £100.
(11) Transfers or Releases of Burdens :—
The amount (if any) of the Consideration expressed in the Instrument of Transfer or Release, or (if no consideration is expressed therein), the Value as defined in Clause (9) or (10).
(12) Transmissions on the deaths of registered owners of land or of charges :—
(a) In the case of Land :—
Twenty-five times the Poor Law Valuation of the Land.
(b) In the case of a Charge :—
The Amount of the Charge.
GENERAL.
num: 3
paragraphs: No fee shall be charged for the registration of the ownership of a charge made on the Freehold Register of the property charged if such registration is made at the time of registering the charge as a burden.
num: 4
paragraphs: Where an Instrument of Transfer or a Will contains also a Charge or Burden on the lands transferred or devised, or where an Instrument of Transfer and an Instrument Charging the LandsTransferred are lodged at the same time, Half Fees only shall be payable on the Charge or Burden.
num: 5
paragraphs: Where a Deed of Transfer or Will contains two or more Distinct Charges, Half Fees are to be paid on the amount of each Charge and not merely on the total amount of the Charges.
num: 6
paragraphs: In the case of a transfer or transmission of the interest of a person registered as tenant in common, or a transfer of the interest of a person registered as joint tenant, fees shall be chargeable only on the value of the interest passing.
num: 7
paragraphs: Where any entry (other than an entry for which the fees are calculated on the value as defined by Regulation 2, above), is to be made on more than one folio of the Register; there shall be chargeable, in addition to the fee payable for the entry on the first Folio, a fee of 2/6d. for the entry on every subsequent Folio.
num: 8
paragraphs: The fees payable shall include all work done in the Land Registry, including the filing of Affidavits, Assents and other documents necessary for the completion of each transaction.
num: 9
paragraphs: No fee exceeding £30 shall in any case be charged or taken.
num: 10
paragraphs: Where an application for registration of a transaction is abandoned or withdrawn, or its registration is refused, the Registrar may charge such fee as he shall think reasonable having regard to the time and labour involved ; but the fee payable shall not in any case be less than 10/-, or the full fee prescribed for the transaction, if under 10/-.
num: 11
paragraphs: No registration shall be made and no other transaction shall be done or completed until the Registry fee stamp for the fee payable therefor is affixed to and cancelled by perforation on the application, or such other document filed in connection with the transaction as the Registrar may from time to time direct.
num: 12
paragraphs: No fee shall be payable for the entry of an Inhibition made necessary by the Acts of 1891 and 1942, or the Rules made thereunder, on a first registration or a subsequent registration for which an ad valorem fee is payable.
num: 13
paragraphs: Nothing in this Order shall authorise the taking of a fee for any registration or transaction that is required by Statute or the 1937 Rules or the 1944 Rules to be made or done free of charge.
num: 14
paragraphs: A transferee of land subject to Part IV of the Act of 1891 who claims exemption from a registration fee under Sec. 87 (3) of that Act shall satisfy the Registrar that the transfer from the personal representative is to him as the only person beneficially entitled under the will or intestacy of the deceased registered owner.
num: 15
paragraphs: In this Order " the 1937 Rules " mean the Land Registration Rules, 1937, and " the 1944 Rules " mean the Land Registration Rules, 1944, and any subsequent Rules amending or revising said Rules respectively, and words and expression defined in the Rules have the same meaning in this Order.
num: 16
paragraphs: Every Order under the Act of 1891, regulating the amount of fees in force at the date of this Order is hereby revoked from the date of the coming into operation of this Order.
num: 17
paragraphs: This Order shall come into operation on the 1st day of June, 1944, and may be cited as the Land Registration Fee Order, 1944.
Given under the Official Seal of the Minister for Justice this 8th day of May, 1944.
GERALD BOLAND,
Minister for Justice.
The Minister for Finance hereby consents to the foregoing Order.
Given under his Official Seal this 9th day of May, 1944.
J. J. McELLIGOTT.