The Gazette 1924-27

NOVEMBER, 1926]

The Gazette of the Incorporated Law Society of Ireland.

Land Registry Registration of Burdens under Deeds.

MR. WELLINGTON YOUNG, Solicitor, died upon the 16th September, 1926, at Port- stewart. Mr. Young served his apprenticeship with his father at Belfast ; was admitted in Trinity Term, 1865, and practised at Belfast and Lisburn up to 1925, when he retired. MR. JOHN M. BEAUMONT, Solicitor, died upon the 17th September, 1926, at his residence, Laureldine, Ballymena. Mr. Beaumont served his apprenticeship with Mr. Robert Boal and the late Mr. John K. Currie, Ballymena; was admitted in Trinity Sittings, 1901, and practised at Ballymena. __ MR. JAMES H. McLouoHLix, Solicitor, died upon the 18th September, 1926, at his residence, 42 Pembroke Road, Dublin. Mr. McLoughlin served his apprenticeship with Mr. J. A. Denning, Dublin : was admitted in Trinity Sittings, 1906, and practised at 18 and 19 College Green, Dublin. recently at New York, U.S.A. Mr. O'Grady served his apprenticeship with Mr. Gerald Tench, Dublin, and practised at Newbridge up to 1904, when he went abroad. MR. VI'ILLIAM J. DUNLEA, Solicitor, died upon the 1st October, 1926, at his residence, 5 Greenville Place, Cork. Mr. Dunlea was admitted in Trinity Sittings, 1888, and practised at 59 South Mall, Cork. MR. EDWARD A. SHAW, Solicitor, died upon the 24th October, 1926, at his residence, 28 Earl Street, Mullingar. Mr. Shaw served his apprenticeship with the late Mr. William Mooney, Dublin ; was admitted in Hilary Sittings, 1898, and practised at Mullingar. New Members. The following have joined the Society : MacGrath, Morris H., 15 Kildare Street, Dublin. Ryan, John, 1 Dame Street, Dublin. MR. JAMES O'GRADY, Solicitor, died

REGISTRATION ACT, 1891, SECTION 45.

Concurrence of Registered Owner of Lands. The attention of Solicitors is called to the provisions of Section 45 of the Registration of Title Act, 1891, requiring the concurrence of the registered owner of lands to the registration of a burden affecting such lands. Order 4, Rule 21, made under the said Act prescribes that the said concurrence may be expressed in the instrument of charge or may be presumed if after service of a notice in Form 18 no objection be received within the time limited (one week) by the notice. The ordinary forms of money charges presented for registration as a rule contain words showing that the registered owner of the lands concurs in or assents to the registra– tion of the burden, and in these cases notice is not necessary. To avoid the necessity of the service of the notice prescribed and the delay in completion of registration so arising, it is recommended that leases and other deeds by a registered owner creating burdens should contain the words : " and I, the registered owner of the lands, hereby assent to the registration as a burden on said folio of ihe lease, charge, etc., hereby created or made," or similar words. If a transfer of land by a registered owner also creates charges, rights or privileges in favour of the transferor or other persons, the deed should contain the words : " and I (the transferee) hereby assent to the registra– tion of the said charge in favour of A. B., or of the above-mentioned rights and privileges in favour of C. D., as a burden on the land." It should be noted that a covenant by a transferee to pay money or to support or maintain a person does not create a burden on the lands transferred. It creates personal rights only. If it is the intention of the parties that support or maintenance or a right of residence should be a burden on the lands, the person to whom the land is transferred should assent expressly to their registration as burdens on it, and, where this assent is given in the deed, he should execute the deed.