The Gazette 1976

GAZETTE

March 1976

LAND REGISTRY Common Omissions and Errors in lodging applications for registration (continued from Jan.-Feb. Gazette p.22) SCHEDULE II.

not sufficient to merely refer to the Vesting Orderand consider that title has been shown. (In many cases the Land Commission is able to supply information as to the nature of the tenancy and names of tenants noted on assign- ments and Grants of Probate pro- duced to them prior to vesting: also attested extracts from "Iris Oifigiuil" showing particulars of the holding and names of tenants prior to the acquisition and vest- in of the Landlords interest in the Land Commission). (ii) Exchanges. Title to the tenancy in the lands received in exchange is shown but not the title to the tenancy in the lands given. D. Application under Rule 19 (3). (i) Certificate not signed by the solicitor. (ii) Certificates referring to con- veyances subject to fee farm rent but copy fee farm grant not lodged. (iii) Certificates when freehold and leasehold titles are involved which deal only with the freehold title. Gererally: Many of the faults listed in Schedule I are frequently com- mitted in these applications as well.

7. (i) Form 5 of the Rules not fol- lowed. Only the barest details given in Paragraph 2 thereof. The history of the occupation and pos- session must be clearly and suc- cintly set out in this paragraph. (ii) In the history where deaths have occurred not proving same. Frequently no information is given as to whether deceased died testate or intestate, married or single whether leaving issue or not. (iii) In listing names of next of kin not averring that these were all the next of kin and that there were no others. Not made clear whether registered owner and wife were married once only. Next of kin of widow not specifically dealt with. (iv) Not sufficient accuracy in giving the dates, or approximate dates, of the final departure from the lands of persons who had had rights therein. Not furnishing the addresses for service of notices of such persons or the names and addresses for service of notices of such persons or the names and addresses of their successors. C. Conversion of Title Applications. 8. (i) No attempt to show the title to the tenancy or other previous interest of the purchasing tenant in the lands prior to the Land Commission Vesting Order. It is

A. First Registration Applications. B. Applications under Section 49 of the Act. C. Conversion of Title Applications (discharge of equities). D. Applications under Rule 19(3). A. First Registration Applications. 1- Not lodging statement of title with documentary titles (Rule _ 15(l)(a). I- Not lodging a suitable map (Rule 0 15(l)(c). J- Not lodging affidavit of discovery (Form 16) or incorporating it in the application (Forms 1 or 2). (Rule 47). 4. No original documents lodged (Rule 15 ( l ) ( b ) ). Lost documents: no proper searches and no proper evidence of how they were lost. Possessory cases: no proper efforts made to show freehold title against which title is claimed. 5. Where searches are directed, lodg- ing searches with no explanation of the Acts returned thereon. 6. Replying to some but not all of the Rulings or the Searches dir- ected (a direction for a Judg- ments Office Search is frequently overlooked). B. Applications under Section 49 of the Registration of Title Act, 1964.

OBITUARY Mr. Justice Thomas A. Teevan of 3 Eglinton Road, Donny- brook, Dublin, died in hospital in Dublin on 19 February 1976, aged 73 years. Mr. Teevan (as he then was) was admitted as a solicitor in Easter Term 1925 and practised with Mr. John B- Hamill in Dundalk until 1935. He then decided to become a barrister, was called to the Bar in 1936, built up a good Practice on the Eastern Circuit, and became a Senior Counsel in 1946, subsequently acting as Senior Revenue Counsel. He was appointed Attorney-General in the place of President P Dalaigh, who was, in July 1953, appointed a Judge of the Supreme Court. Upon the death of Mr. Justice O'Byme, in January 1954, Mr. Justice Martin Maguire was elevated to the Supreme Court in February 1954 and Mr. Justice Teevan was appointed to the High Court; for many years he was a Judicial Commissioner of the Land Commission, and a Judge in Land Registry matters. He retired from the Bench for reasons of health in October 1971, being succeeded by Mr. Justice Griffin. Mr. James F. Kent, aged 63 years, was killed when, while driving his car, he struck a pole near Clonskea Fever Hospital, °n 22 February 1976. Mr. Kent was admitted in Easter Term 1935 and practised on his own account at 18 St. Andrew Street, Dublin 2. Dr. John O'Shea, F.R.C.S.I., former County Surgeon for Co. Longford, retired in 1968. As he stated himself, Dr. O'Shea took up the study of law to provide himself with an interesting occupation, and having passed all the requisite examinations, duly qualified and was by far the oldest candidate who ever received a certificate to practise from the then President, Mr. T. V. O'Connor, on 7 December 1972. Dr. O'Shea died at his residence, 17 Bushy Park Road, Dublin 6, on 6 February 1976.

Mr. Patrick Clement L. Halpenny, B.A., LL.B. (T.C.D.), of 96 Upper George's Street, Dun Laoghaire, Co. Dublin, died on 1 March 1976. Mr. Halpenny was admitted in Trinity Term 1929 and practised with his son Michael Halpenny under the style of P. C. L. Halpenny & Son at 96 Upper George's Street, Dun Laoghaire, Co. Dublin. Mr. Edward Walshe died in February 1976. Mr. Walshe was admitted in Trinity Term 1923 and practised at Emmet Street, Birr, Co. Offaly, with branch offices at Banagher and Kilcormac. The First Bayside Village Development Society Limited Residents Association Th e Management Committee of the First Bayside Vill- age Development Society Ltd. would like to draw soli- citors' attention again to Item 19, 4th Schedule Lease of Bayside, which deals with transfer of shares of this Society. Failure by solicitors to comply with this Item in the conveyancing of a number of sales in Bayside is viewed in a very serious light as it is the custom of the above Society to ensure that all monies owing to it are paid before any transfer is approved. Any queries regarding the above should be sent to : Mrs. Deirdre Spendlove, Secretary, 42 Sutton Downs, Sutton, Co. Dublin. 43