The Gazette 1936-40

[DECEMBER, 1937

The Gazette of the Incorporated Law Society of Ireland

the applicant should submit to the Registrar an application in Form 1 or 2, as the case may require, with the following endorsement thereon signed by him : " Pursuant to Rule 19 (1) I apply that the examination of the title on this application be referred to ." The Registrar, if he assents to the reference to the Counsel named, will endorse thereon " Referred to for examina– tion of the title at the expense of the applicant," and will return the application to the to submit with the title to the 2. Counsel's opinion on the 'title should state : i. Whether he is satisfied with the identity of the property in the title deeds with the property the subject of the application as shown on the map accompanying it. In advising on this it is to be noted that the description of the land in a register or the Registry map is not conclusive of its extent or boundaries (Sect. 55). ii. Whether the applicant is to be registered as " full" owner or as " limited " owner. See Sect. 28. iii. If the applicant is a " full " owner, whether he is entitled beneficially or as trustee ; and, if the latter, what inhibition for the protection of the trusts should be entered in the register on his registration. iv. If the applicant is a " full " owner, the " burdens " (if any) of those specified in Section 45 and Rule 99 that affect the property, and their priority, inter se. v. If the applicant is a " limited " owner, the document constituting the settle– ment, the trustees (if any) for the purposes of the Settled Land Acts, the " burdens " (if any) of those specified in Section 45 and Rule 99 that have priority to the settlement, and their priority, inter se. vi. Whether the evidence produced dis– charges his requisitions on the title. Solicitor Counsel.

3. No inquiry relative to any burden specified in Section 47 of the Act is necessary, unless the applicant requires notice of it or notice of exemption from it to be entered in the register. 4. When Counsel's requisitions have been complied with, the application, with his opinion, all documents, and an affidavit of discovery (Form 16), should be lodged in the Registry with the registration fee. 5. The fee for the registration is one-half the fee payable when the title is examined officially. Applications by a purchaser or mortgagor for first registration supported by Counsel's opinion on the title. Rule 19 (2). 6. A purchaser of unregistered property who has had the title investigated by the Counsel referred to in Rule 19 (2) can rely on his Counsel's opinion in support of an application for first registration. A mortgagor whose title has been so investigated on the occasion of a mortgage can also rely on Counsel's opinion in support of such an application. 7. When a purchaser intends to apply for first registration of the property being "bought by him, Counsel should be told, in order that his opinion may give the informa– tion that will enable the registration to be made without the issue of further queries or requisitions from the Registry. 8. Counsel's opinion should deal with the matters mentioned in paragraph 2 hereof, and should give the information there required for the purposes of the registration. 9. When the title has been accepted by Counsel, an application for first registration in the prescribed form may be lodged, accompanied by Counsel's opinion, the documents specified in Rule 16, and an affidavit of discovery in Form 16. If the applicant is a purchaser, a con– veyance from his vendor is not essential.