The Gazette 1976

GAZETTE

19. op. cit., p. 162. Sec Mcgarry and Wade, The Law of Real Property, 4th ed.. p. 291, where a similar dictum from the same page in Lord Esher's judgment has been adopted as of general application. 20. (1890) 45 Ch.D. 402. at p. 417. 21. at p. 419. 22. In re Marquis of Ailesbury's Settled Estates (1892) 1 Ch. 506, at p. 536 per Lindley, L. J." 23. Hanbury's Modern Equity, 9th ed., p..513. 24. Re Mundy and Roar's Contract (1899) 1 Ch. 275, at p. 288. 25. Wheelwright v. Walker (No. /) (1883) 23 Ch.D. 752 at p. 762, per Pearson, J. 26. Dowager Duchess of Sutherland v. Duke of Sutherland (1893) 3 Ch. 169, at p. 195, per Romer, J. 27. Wheelwright v. Walker (No. / ) , supra, at p. 761. 28. As in Re Hunt Settled Estates, supra. 29. A lease may be granted by a tenant for life to his wife: Gilhey v. Rush (1906) 1 Ch. 11. 30. Supra.

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31. Cheshire, op. cit., at p. 163. 32. Dowager Duchess of Sutherland

v. Duke of

Sutherland,

supra, at p. 181.

limited in Rules 19 and 35 to £20,000 last November. If a reminder could be inserted in the Gazette or one of your circulars, it might be helpful to them and their clients. Yours sincerely, N. M. GRIFFITH, Registrar. SCHEDULE I. Dealings with Registered Land. 1. Failure to lodge any fees, or suf- ficient fees. 2. Failure to lodge either, (i) the Land Certificate where appro- priate or, (ii) consent to the user of a Land Certificate already lodged, where appropriate. 3. Omitting to complete Form 17 fully. See Rule 57. 4. In a great number of Transmis- sions cases where the registered owner died on or after 1st June, 1959, the Affidavit/Assent or Transfer does not strictly follow the precedent forms in the 1972 Rules [although there are "Notes" appended to the pre- cedents as guide-lines], 5. Failure to furnish letter of con- sent to sub-division from the Land Commission or certificate of compliance with the condi- tions specified in such letters (cp. Section 12(1) of the Land Act, 1965). 6. Failure to state in transfers that the transferor is the registered owner. The insertion of the wrong folio number in deeds and documents (necessitating re- execution). 7. Where the Land Commission have entered a Section 6 Land Act 1946 Prohibition Note on a Folio the subject of a Transfer the failure to obtain and lodge consent from them to registra- tion of such transfer. 8. Failure to lodge consents under Sections 88 and 90(6) Housing Act, 1966 where appropriate. 9. Deponent in Affidavit to register a Judgment Mortgage not being a competent person under the Judgment Mortgage Act, 1850, 1858. 10. Omossion of assent to registra- tion of charge/burden/easement by the owner of the lands affected thereby. (See Form 66).

10. Omission of assent to registra- and description of, a person en- titled to a charge incorporated in deeds of transfer. 12. Failure to set out in attestation clauses or in affidavits why a deed is signed by a mark (See Rule 54). 13. Failure to certify in marriage settlements that the marriage has taken place. 14. Failure to state the shares in which tenants-in-common are to hold the property in deeds creat- ing a tenancy-in-common. 15. Omitting the necessary certifi- cate under Section 45 of the Land Act. Certificates are required from all persons deriv- ing interests under documents. This applies to assents by per- sonal representatives. (Schedule II will be published in the March GAZETTE). "The Income Tax Acts" The N I NTH SUP P LEMENT to the loose-leaf volume " The Income Tax Ac t s" has now been published. The supplement embodies the ame n dme n ts made by the Finance Act, 1975, and t h t Finance (No. 2) Act, 1975. It is available from the

LAND REGISTRY

Land Registry, Central Office, Chancery Street, Dublin 7.

25th February, 1976. Dear Mr. Ivers,

I enclose herewith as promised the lists of common omissions and errors of Solicitors in lodging applications for registration. If the profession could note these points and act on them, registration would proceed much more efficiently. The fact that in so many cases the dealings as presented, or the replies to queries raised by the Registry, do not com- ply with provisions of the Registra- tion of Title Act 1964 or the Land Registration Rules 1972, is a big factor in delaying registration. I hope you will be able to give your members many a reminder in the next six months that from 1st September next the preliminary quality check of maps when lodged, will be strictly enforced, as agreed at the meeting in the Department on 5th instant. Solicitors when preparing dealings now which deal with part of regis- tered lands should see that the plans are drawn on a Land Registry Copy Map (where suitable) or on the current largest scale map published by the Ordnance Survey (Rule 56). The suspension of the check insti- tuted on 1st January last is to en- able solicitors to dispose of cases already in the pipeline. Reference was made at the meeting to a proposal to have the "certificate cases" (those under Rule 19(3)) dealt with speedily. The Rule applies where the property has been purchased for not more than £20,000 (1975 amend- ment). It is assumed that the sale has been a recent one. There should not be a long interval between the date of the deed of transfer and the date of the certificate (Form 3). It is assumed that the solicitor in sign- ing the certificate has regard to the period since the execution of the deed and that his certificate speaks from the date thereof. This should be at the last moment before lodging the application in this office. I feel that many solicitors are not yet aware of the raising of the £8,000 22

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