Land Registration (No.2) Rules 2009
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Rules may be cited as the Land Registration (No.2) Rules, 2009.
(2) These Rules and the Land Registration Rules 1972 to 2009 may be cited together as the Land Registration Rules 1972 to 2009 (No.2).
(3) These Rules and the Land Registration Rules 1972 to 2009 shall be construed together as one.
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paragraphs: These Rules shall come into operation on the 1st of December, 2009, save rules 8, 11, 12, 17, 28, 30 and 32 which shall come into operation on 1st of January 2010.
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paragraphs: Where property is registered in the name of a limited owner or an infant or minor, an entry in form 109 set out in the schedule hereto may be made on the folio.
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paragraphs: An application for registration of trustees who are owners of registered land by virtue of the Land and Conveyancing Law Reform Act 2009 shall be in Form 110 set out in the Schedule hereto.
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paragraphs: A lease of registered land shall be in form 111 set out in the schedule hereto.
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paragraphs: (1) The Authority may from time to time give such directions as to the format of the forms of application to be lodged for registration as it considers appropriate.
(2) Directions under subrule (1) may, for example, be in respect of characteristics (including shape, design, size, colour, quality and dimension) and content of forms for any class of application or other matter, and the format and content of electronic forms and the deviations from prescribed forms which are permitted or required to be made in connection with such application or other matters.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 3 of those Rules:
“Form and contents of registers
3. (1) The registers shall consist of information required by the Acts and these Rules to be recorded in respect of each ownership registered under the Acts.
(2) Each ownership registered shall be identified by a distinguishing number to be called the folio or title number.
(3) The registers shall be maintained in paper or electronic form or partly in one form and partly in the other form.
(4) The registers shall be maintained in Irish or English or partly in one language and partly in the other language.
(5) Where a register or any part thereof is in paper form the information shall be recorded on a folio or folios which shall be in three parts.
(6) There shall be entered in the first part of a folio—
(a) a description of the property the ownership of which is registered, with a reference to the plan on the registry maps of the land affected;
(b) a description of any part of the property which is transferred to another folio.
(c) such information as is authorised by the Acts or these Rules relative to—
(i) easements and rights for the benefit of the property;
(ii) the inclusion of mines and minerals in, or their exclusion from, the property;
(iii) the boundaries of the property;
(iv) at the Authority’s discretion, Land Commission references and notes regarding issue of land certificates and copy maps.
(7) There shall be entered in the second part of a folio—
(a) the name of the owner of the property and his address in the State for service of notices;
(b) such information as is necessary relative to—
(i) the classes of titles that are registered pursuant to sections 33 or 40 of the Act;
(ii) the devolution of the property;
(iii) the matters referred to in sections 91 of the Act;
(iv) the issue of land certificates;
(c) cautions and inhibitions restricting the registration of dispositions of the property;
(d) a note under section 61 (6) (b) of the Act of the death of the registered owner and of the names of his personal representatives.
(8) There shall be entered in the third part of a folio—
(a) the burdens the registration of which is authorised by section 69 of the Act;
(b) (i) the ownership of a registered charge, where it is not registered in the register maintained under section 8 (b) of the Act and, where the Authority permits, sub-charges on a registered charge and their ownership;
(ii) such information as is necessary relative to the issue of certificates of charge;
(c) notice of the exemption from or existence of the burdens specified in Section 72 of the Act;
(d) cautions and inhibitions against registration of dealings with a registered burden the ownership of which is not registered in the register maintained under section 8 (b) of the Act.
(9) Where a register or any part thereof is in electronic form it shall be capable of being reproduced in legible form in the same format as if it were in paper form.
(10)The information in respect of any particular ownership shall not be accessible during such period as
(a) may be required to update that information,
(b) may arise as a result of force majeure, including unusual and unforeseen circumstances beyond the control of the authority.
(11) All existing folios of the registers shall be revised in accordance with the foregoing provisions of this rule whenever the Authority considers such revision expedient.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 6 of those Rules:
“Revision of folios of registers
6. (1) The Authority, on an application by the registered owner or when it thinks it practicable or desirable, may clear the title to property entered in a folio of a register by closing it and opening a revised folio for the property containing the subsisting entries only. It may, in doing so, make any re-arrangement conducive to clarity, including the entry of the property in two or more folios, or the entry of property on two or more folios in one folio, or the altering of the number of a folio. On the completion of the revision of the folio notification shall be sent to the registered owner (or his Solicitor) of the revised folio number.
(2) Any person inspecting a revised folio of a register may inspect the closed folio or folios for which it is substituted or the record thereof maintained in the Registry.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 19 of those Rules:
“Modification of examination of title
19. (1) Save as aforesaid and as otherwise provided in this rule, the title to be shown by the applicant may commence with a disposition of the property made not less than 15 years prior to the date of the application that would be a good root of title on a sale under a contract limiting only the length of title to be shown.
(2) Where the market value of the property the subject of the application is shown to the satisfaction of the Authority not to exceed €1,000,000, the title to be shown by the applicant may commence with a conveyance or assignment on sale made not less than 12 years prior to the date of the application that would be a good root of title on a sale under a contract limiting only the length of title to be shown.
(3) On a sale where the purchase money of the property does not exceed €1,000,000, the Authority may, if it thinks fit, register a title as absolute or qualified or good leasehold on production of a certificate by a solicitor, at the expense of the applicant in Form 3, adapted as the case may require, and an application map.
(4) Where property is acquired by a statutory authority and the purchase money or compensation paid therefor does not exceed €1,000,000 the Authority may dispense with the official examination of the title and may register the statutory authority with absolute title or qualified title or good leasehold title on production of a certificate by the solicitor for such authority in Form 3 adapted as the case may require and an application map.
(5) Where the title of an applicant has been examined—
(a) by the conveyancing counsel of a court on a sale or purchase of the property under an order of the court or
(b) by a practising barrister on a sale or mortgage of the property,
the Authority may dispense with, or modify as it thinks fit, the official examination of title.
(6) Where, in the course of the investigation of a title, the applicant so requests, or it appears desirable to the Authority that the title should be referred to counsel for his opinion, the Authority may, with the consent and at the expense of the applicant, agree that the title be referred to counsel for his opinion generally or on any of the following specific matters—
(a) whether he is satisfied as to the identity of the property in the title deeds with the property the subject of the application;
(b) the class of title with which the applicant is to be registered;
(c) if the applicant is entitled as trustee, what inhibition is required for the protection of the trusts;
(d) if the applicant is to be registered as owner the burdens (if any) specified in section 69 of the Act that affect the property and their priority inter se;
(e) whether the evidence produced discharges his requisitions on the title.
The opinion of counsel may be furnished in Form 3 adapted as the case may require.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 24 of those Rules:
“Registration of recorded property
24. On the transfer of recorded property to a register under the Act—
(a) all charges, incumbrances, leases and other rights on the record that are burdens within the meaning of section 69 of the Act shall be entered as burdens in the register in their priority as recorded;
(b) notice of the existence of any of the burdens specified in section 72 of the Act that are on record shall be entered in the register;
(c) the person appearing on the record as entitled to the property shall be entered in the register as owner with absolute title according to his estate therein as shown by the record.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 57 of those Rules:
“Application by solicitor for registration of dealing
57. (1) Every application or instrument sent to or delivered at the Registry for registration by a solicitor shall be accompanied by a statement signed by him setting out—
(a) the names of all the parties to the transaction for whom he acts as solicitor;
(b) the amount of Land Registry fees sent;
(c) the documents sent;
(d) the ownership or other entries for the registration of which he applies.
(2) The statement may be in Form 17.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 59 of those Rules:
“Presentation of dealing for registration
59. An application or instrument in respect of registered property with the proper Revenue stamp certificate, and accompanied by the prescribed fee for the registration applied for and otherwise prima facie in order for registration, may be received for registration.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 67 of those Rules:
“Registration of a tenant in common
67. An application for registration as owner by a person claiming as tenant in common of an undivided share in property shall state the share to which he is entitled where the share does not appear from the instrument lodged. The entry in the register shall be that the applicant is owner of a specified undivided share of the property.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 79 of those Rules:
“Notice of application for registration under transfer over-reaching estate or interest of registered owner
79. (1) The notice of an application for registration in defeasance of the estate or interest of a registered owner referred to in section 60 of the Act shall not be given where the estate or interest is overreached by statute, a Land Judges conveyance, a vesting order of a court or of the Land Commission or the Minister for Agriculture, Fisheries and Food, a transfer by the Land Commission or the Minister for Agriculture Fisheries and Food in exercise of its statutory powers or a transfer executed by a person appointed by a court for that purpose in execution of its judgment, order or decree.
(2) In default of the concurrence of the personal representative of a deceased registered owner, or, in the case of a charge or burden, of a deceased registered owner, to an application for registration under the said section 60 in cases other than those specified in paragraph (1) of this rule, notice of the application shall be given—
(a) to the personal representative or,
(b) where there is no personal representative, to the person or persons claiming to be entitled, whether under the will of the deceased, on his intestacy or under section 111 of the Succession Act, 1965 .
(3) The applicant for registration shall furnish to the Authority the particulars necessary for the service of the notices prescribed by this rule, insofar as the applicant is in a position to do so.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 82 of those Rules:
“Registration of trustees or assignees of bankrupt owner; and re-registration of the owner
82. (1) The assignees in bankruptcy of a registered owner who has been adjudicated a bankrupt may be registered as owners in his place on production in the Registry of an office copy of the certificate of the vesting of the estate and effects in the assignees, endorsed as prescribed by this rule.
(2) A bankrupt whose trustee, or assignee is registered as owner of his registered property may be re-registered as owner or, where he is a limited owner, the entry of the assignees or trustee as assignees of his limited estate or interest may be cancelled, on production in the Registry of the re-vesting deed.
(3) An arranging debtor whose trustees are registered as owners of his registered property may be re-registered as owner or, where he is a limited owner, the entry of the trustees as assignees of his limited estate or interest may be cancelled, on production in the Registry of an office copy of the order of the court under section 85 of the Bankruptcy Act, 1988 , endorsed as prescribed by this rule.
(4) Every order, certificate, resolution or agreement or office copy thereof, produced for the purposes of a registration referred to in this rule, shall have endorsed thereon a certificate by the Official Assignee in Bankruptcy or the trustee identifying the bankrupt or arranging debtor named in the order or certificate with the registered owner named in a specified folio of the register whose property is sought to be transferred. Where the application is for the re-registration of the person who was the bankrupt or arranging debtor, it shall be accompanied, in the case of a bankruptcy by the re-vesting deed or, in the case of an arrangement by an office copy of the order of the court under section 85 of the Bankruptcy Act, 1988 or, where applicable, the written consent of the trustee to the re-registration.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 100 of those Rules:
“Application for registration of successor of limited owner
100. (1) On the determination of the estate or interest of a limited owner, an application for registration by a person claiming under the trust or settlement shall be in Form 64 or 65, as the case may require. Where Form 65 is appropriate and the trust or settlement is created by will, the original or an official copy of the will and probate or letters of administration with will annexed shall be lodged. Where Form 64 is appropriate, the assent or transfer already filed in the Registry under which the limited owner was registered shall suffice.
(2) Save in cases where Form 64 is appropriate, the applicant shall not be registered except with the concurrence of the trustees (if any) of the trust or settlement or after notice to them.
(3) The application may also be made by the trustees of the trust or settlement in Form 64 or 65, as the case may require, with the necessary modifications and with the assent of the owner to be registered to the registration of any burdens affecting his estate or interest.
(4) The trustees admission of the discharge or cesser of any burdens created by the trust or settlement shall be sufficient evidence of such discharge or cesser.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 117 of those Rules:
“Dealing with mortgage created prior to first registration where registered.
117. (1) Where a mortgage created prior to the first registration of property is entered in the register, the Authority may, on the application or with the concurrence of the person entitled thereto, register him as owner of a charge on due proof of his title and after notice to the owner of the mortgaged property.
(2) The same forms may be used and the same procedure may be adopted on transfers and other dispositions of a charge of which an owner is so registered as are applicable to registered charges.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 118 of those Rules:
“Registration of judgment mortgage
118. (1) Application for registration of a judgment mortgage as a burden on registered property pursuant to section 116 of the Land and Conveyancing Law Reform Act 2009 shall be made in Form 112 and shall have endorsed thereon a certificate that the judgement was obtained, signed by the proper officer of the relevant court.
(2) The entry in the register shall be in Form 74, with such variation as the Authority may, in special circumstances, direct.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 119 of those Rules:
“Identification of property
119. An application for registration of a judgment mortgage shall contain a statement that to the best of the applicant’s knowledge and belief the judgment debtor at the time of swearing the affidavit has an estate or interest in the lands contained in a specified folio of the Register, or the defined part thereof to be affected by the registration”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 120 of those Rules:
“Notice of registration of judgment mortgage
120. (1) Notice of the registration of a judgment mortgage in the Registry shall be sent by the Authority to the registered owner of the property and to the other persons (if any) whose estate or interest therein the application purports to affect and whose address in the State for service of notices is disclosed in the register or the application.
(2) The notice shall be in Form 75.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 121 of those Rules:
“Application to cancel judgment mortgage on grounds of invalidity
121. (1) Where an entry of notice of the deposit of an affidavit of judgment under the Judgment Mortgage (Ireland) Act 1850 or an entry of judgment mortgage under section 116 of the Land and Conveyancing Law Reform Act 2009 is made in the register of any property, a registered owner, or any other person interested, who claims that the deposit and the notice thereof in the register do not create a valid burden or that the judgment mortgage is not a valid burden may apply to the Authority for the cancellation of the entry.
(2) The application shall be in writing and shall state the grounds on which the applicant claims that the entry should be cancelled, as, for instance, that a specified provision of the Judgment Mortgage (Ireland) Acts, 1850 and 1858, has not been complied with or that the judgment debtor had no estate or interest in the property or no estate or interest capable of being affected by registration of the affidavit, or judgment mortgage and shall state the facts on which he relies in support of his claim.
(3) Where the Authority is satisfied on the facts stated that a prima facie case for cancellation of the entry has been made, notice of the application and of the cancellation proposed to be made shall be given to the judgment creditor and, in default of objection thereto by him within the time specified by the notice, the entry shall be cancelled.
(4) Every objection to a proposed cancellation shall be in writing and shall be signed by the judgment creditor or his solicitor. It shall state the grounds of the objection and the facts relied on in support thereof.
(5) Where, in the opinion of the Authority, the application and objection do not raise a question of law or fact relative to the validity of the registration made which should be referred to the court, it may cancel or refuse to cancel the entry of notice of the deposit or the judgment mortgage; but, if a question of law or fact is disclosed on which, in its opinion the validity of the affidavit or application as a judgment mortgage depends, it may refer the question to the court for decision.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 122 of those Rules:
“Cancellation of notice of deposit of affidavit of judgment or of judgement mortgage validly registered.
122. Subject to an inhibition in the register to the contrary, an entry of notice of the deposit of an affidavit of judgment or an entry of judgment mortgage may be cancelled on production in the Registry of the certificate specified in section 9 of the Judgment Mortgage (Ireland) Act, 1850, of the satisfaction of the judgment, decree or order in respect of which the affidavit was deposited, or of a requisition by the judgment creditor or his personal representative, in Form 76, for its discharge.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 128 of those Rules:
“Lis Pendens
128. (1) An application for the registration of a lis pendens as a burden shall be made in Form 77. It shall be signed by the applicant or his solicitor and shall have endorsed thereon a certificate of the existence of the cause or proceeding signed by the proper officer of the Central Office of the High Court.
(2) The entry of a lis pendens in the register shall be in Form 78, with such variation thereof as the Authority may, in special circumstances, direct.
(3) An application for the discharge of a lis pendens shall be made by lodging in the Registry a certificate of the appropriate officer of the Central Office of the High Court that the lis pendens has been cancelled on the register of lis pendens maintained in the Central Office of the High Court,(or where the lis pendens was registered before 1.12.2009, signed by the proper officer of the court in which the lis pendens may be, that it has been duly vacated pursuant to order of the court), or by lodging an order of the court directing its cancellation on the register, or by lodging a transfer of the property made in pursuance of an order for sale by the court in which the lis pendens may be, or by lodging the consent of the person on whose application it was registered as a burden, provided in the case of a lis pendens registered after the 1st of December 2009 it is shown to the satisfaction of the Authority that the entry of the lis pendens in the register of the Central Office has been cancelled.”
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 153 of those Rules:
“Removal of description of infancy or of minority
153. The description of a registered owner of property as an infant or minor shall be removed from the register on an application in writing accompanied by proof that he has attained full age.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 188 of those Rules:
“Inspection of filed documents and obtaining copies thereof
188. (1) The registered owner of property and any person authorised by such owner, or by an order of the court or by these Rules, but no other person, may inspect a document filed in the Registry on a dealing or transaction with the property of the owner.
(2) Any person who would be entitled to inspection of a document relating to property, if its ownership was not registered under the Act, and the document was in the possession of the person by law entitled to the custody thereof, shall be entitled to inspect the document, if filed in the Registry.
(3) An affidavit of judgement deposited in the Registry pursuant to the Judgment Mortgage Ireland Act, 1850, as amended by the Act, or an application for registration of a judgment mortgage under rule 118 may be inspected by any person so long as notice of its deposit or the entry of the judgment mortgage is uncancelled in a register.
(4) A memorandum of a lis pendens, bond, recognisance or inquisition filed in the Registry may be inspected by any person so long as the entry relative to it remains uncancelled in a register.
(5) An application, assent, affidavit, or transfer, made by a personal representative of a deceased owner of property that vested in the personal representative may be inspected by a devisee or other person, except a creditor, having an interest in the property under the owners will, or, where the owner died intestate, by a person in whom a beneficial interest in the property devolved on the intestacy, or by a person who satisfies the Authority that he is the successor in title of one of such persons.
(6) An instrument filed in the Registry under Rule 139 (5) may be inspected by the person by whom it was lodged or by any person who satisfies the Authority that he is entitled to the benefit of a right created by the instrument.
(7) Any person entitled to inspect a document filed in the Registry may obtain a copy of it.
(8) The Authority may, in special circumstances and on such terms as it shall think fit, permit a person to inspect, or obtain a copy of, a document filed in the Registry.”.
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paragraphs: The Land Registration Rules 1972 are amended by the substitution of the following for Rule 225 of those Rules:
“Incorporeal hereditaments held in gross.
225. (1) An applicant for registration of ownership of an incorporeal hereditament held in gross shall be registered as owner with an absolute title where title both to the grantees interest and to the grantors interest and to any superior or intermediate interest that may exist is approved by the Authority.
(2) Where, immediately before the commencement of the Act, the registration of ownership of an incorporeal hereditament held in gross contained a note to the effect that the title of the grantor to make the grant has been investigated and found to be good, the title to the grantees interest shall be deemed to be an absolute title. Where there is no such note, the title shall be deemed to be a possessory title.
(3) Where an incorporeal hereditament held in gross is granted by the owner of property registered with an absolute, possessory or qualified title, the title of the registered owner of such incorporeal hereditament shall be deemed to be likewise absolute, possessory or qualified, as the case may be.
(4) The registration of a person as first registered owner of an incorporeal hereditament held in gross with a possessory title shall not affect or prejudice the enforcement of any right (whether in respect of the grantors title or otherwise) adverse to or in derogation of the title of the grantor or of that person and subsisting or capable of arising at the time of registration but, save as aforesaid, shall have the same effect as registration with an absolute title.”.
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paragraphs: The Schedule of Forms to the Land Registration Rules 1972 is amended by the substitution of the Forms set out in the schedule hereto and numbered 1, 2, 7, 9, 10, 11, 12, 13, 16, 19, 23, 30, 34, 36, 37, 41, 43, 45, 46, 47, 48, 53, 55, 61, 63, 64, 65, 68, 74, 75, 76 and 77 for the forms numbered 1, 2, 7, 9, 10, 11, 12, 13, 16, 19, 23, 30, 34, 36, 37, 41, 43, 45, 46, 47, 48, 53, 55, 61, 63, 64, 65, 68, 74, 75, 76 and 77 in that Schedule.
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paragraphs: The Schedule of Forms to the Land Registration Rules 1972 is amended by the substitution of the Form set out in the schedule hereto and numbered 17 for the form numbered 17 in that Schedule.
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paragraphs: Rules 29, 58, 75, 109, 124 and 152 of the Land Registration Rules 1972 are rescinded.
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paragraphs: Rules 106, 110, 116, 158, 159, 160, 162, 163, 164, 165, 168, 169 and 170 of the Land Registration Rules 1972 are rescinded.
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paragraphs: Forms 6, 24, 32, 39, 49, 51, 56, 58, 60, 62, and 73 of the Schedule of Forms to the Land Registration Rules 1972 are deleted.
num: 32
paragraphs: Forms 94, 95 and 96 of the Schedule of Forms to the Land Registration Rules 1972 are deleted.