The Gazette 1907-8

The Gazette of the Incorporated Law Society of Ireland.

[MAY, 1907

act on any Receipt or transfer signed by a

person

purporting

to deal with the fee simple

or with a leasehold estate of which sixty years

remain unexpired.

As to (B), i.e., where

the compensation

exceeds ^60 but not ^200. The law as it

stood before the Act of 1906 still applies to

this group.

The compensation payable to an owner of a

registerable estate (see I, above) must be paid

either

(a)

to the person ascertained on an investi–

gation of the title to be entitled there–

to ; or,

(b)

to trustees (see Section 71 of the Lands

Clauses Act, 1845); or,

(c)

into Court.

If course

(a}

be adopted, it would seem

necessary for the registering authorities to

fully investigate the title, and a formal

Application will be necessary,

unless,

course, the land is already registered free

of equities.

In course (3) all burdens will attach to the

money in the hands of the trustees, and no

investigation of title by the registering

authorities will be necessary, and

the

Receipt of the trustees will authorize the

Registrar to register the Council.

In course

(c]

also all burdens will attach to

the purchase money, and the Council will

execute a Deed Poll vesting the lands in

themselves, and, on lodgment of this, will

be registered as owner.

N.B. Sums not amounting to ^100

should be lodged in the County Court.

NOTE. It does not follow in cases in this

group (B) that the Council will be regis–

tered as owner in fee simple. They should,

if possible, get in the fee simple; but if

the interest in respect of which they pro–

duce evidence of the payment of compen–

sation

is only

leasehold,

they can be

registered on

the Leasehold Register,

though this, as stated at I, above, is not

advisable.

As to (C), i.e., where the compensation exceeds

£200 :

All the remarks under group (B) apply to

group (C), with the exceptions that money over

£200 cannot be paid to trustees nor into the

County

Court.

(The Section of the Lands

Clauses Act dealing with these cases is Section

69.)

GENERAL OBSERVATIONS.

IV. In

all cases the

Solicitor must ascertain,

by search or otherwise, whether

the lands

acquired are already registered or not, and, if

they are, the Folio Number must appear in the

receipt or transfer.

V. In cases of land already registered, it will

generally be convenient that the transfer be

made

in Form 14 of the Rules under the

Registration of Title Act, 1891.

In cases of unregistered land, long con–

veyances

should

avoided,

and, where

possible, the form of Receipt given in the

Local Government Board Rules adhered to

(see Form 36), a statement being embodied

showing the Estate in the lands (i.e., fee simple

or leasehold) in respect of which money has

been paid.

In all cases where the land is subject to a

purchase annuity, the latter must be released.

The release should, where possible, be endorsed

on the Instrument transferring the plot.

VI. As all responsibility for the due execution

of Receipts, &c.,

lies on the Council, the

Registering Authorities do not insist on the

verification of the signatures to those docu–

ments.

VII. In all cases a certified copy (which may

be in the form of a tracing) of the Map of the

lands dealt with by each Receipt or deed must

be either endorsed on the instrument or attached

thereto, and must contain sufficient detail to

enable the lands to be identified on the Six-

inch Ordnance Survey Maps. The certificate

on the map should be signed by the Solicitor

or Engineer of the Council, and may be in the

following words, viz. :

I certify that this is a true copy of the

Plot No.

shown on

the Ordnance

Sheet No.

Co.

deposited with

the Clerk of the

Rural

District Council,

and which correctly

delineates the lands transferred

the

Council by

by*

dated the

day of

on which, lettered "A," I have endorsed

my name.

Dated this

day of

For the above Council.

Deed, Receipt, &c.