91 / 116
FEB., 1908]
The Gazette of the Incorporated Law Society of Ireland.
89
The vendor may, however, be a person
having- power to sell the lands under the Land
Purchase Acts, and yet may not be the owner of
the mineral, sporting, or water rights, which
may form the subject-matter of an exception
or reservation to a superior landlord under a
fee-farm grant or lease, or may have been ex
pressly granted or leased by the vendor or his
predecessor in title.
If any such rights are
disclosed in investigation of
prima facie
title,
counsel should see that they are accurately
stated, either in his certificate or in the origina
ting application or request.
The originating application or request may
be taken by counsel as the basis of his in
vestigation of title for the purposes of showing
the lands which are proposed to be sold.
Counsel, unless requested not to do so by
the solicitor, should, as far as can conveniently
be done, having regard to the nature of the
title, read the title to all the lands mentioned in
the ist Schedule to such originating application
or request, even though it may appear that
the vendor proposes to exclude part of the
lands from the sale, as it frequently happens
that lands which at first it is proposed to ex
clude are subsequently included.
In considering the extent of the investiga
tion of title which should be made for the pur
pose aforesaid
in particular cases, counsel
should have regard to the i7th section of the
Act.
It should also be borne in mind, in con
sidering this question, that counsel's investiga
tion is intended to be confined to the title to
the land as distinguished from the title to the
incumbrances or superior interests, and it is
not intended as a substitute for the subsequent
investigation which will be made in due course
by an examiner of the Land Commission before
the purchase-money of the estate can be dis
tributed. Counsel
is also
referred to
the
directions published at the end of the 2nd
Schedule to the forms A and B in the Com
missioners' rules.
Counsel should satisfy himself as
to the
identity of the lands included in the origina
ting application or request, and shown on the
maps lodged with the Commissioners, with
those to which the title is shown. The manner
in which this identification is to be established
is, of course, a matter to be determined in each
case. Thefollowing observations are intended
to illustrate the more usual methods adopted.
Identity can be shown by a comparison of the
maps on the deeds or old estate maps with
those lodged with the Commissioners, or by the
production of old leases or rentals, or even by
the affidavit of the vendor or his agent, or a
person resident on the lands, provided the de
ponent can depose from personal knowledge.
In the absence of any circumstance which
would cast doubt on the assumption, counsel is
entitled to assume that whole townlands so
described in deeds are co-extensive with the
present ordnance survey townlands of identical
or similar names. He should, however, have
regard to material differences in areas where
the area is given in the deed.
Counsel should haVe before him the originals
of the deeds and other muniments of title where
such are available.
If counsel is provided with
copies only of such deeds, he should at least
see that the originals are forthcoming, or their
absence accounted for. When the deeds are
not in the possession of the vendor, application
should be made by the solicitor under Rule 19.
Where it appears from a perusal of any of the
documents -necessary for the purpose of giving
prima facie
title to the land that persons other
than those mentioned in the originating ap
plication or request are interested in the estate,
counsel should state the names of such persons
in order that they may be served with a notice
on Form E pursuant to Rule 20.
It is not the duty of counsel to verify state
ments in the originating application or request
as to the persons now entitled to incumbrances,
sporting rights, mineral
rights, 'and water
rights, or superior interests.
Counsel is not bound to consider claims for
succession, estate, or legacy duties in con
nexion with
prima facie
evidence of title,
Counsel should accept the allegation in the
originating application or request in reference
to quit or crown rent, tithe rent-charge, and
Board of Works charges, unless they are in
consistent with the title as shown.
If it appears that the vendor's estate is subject
to a fee-farm grant or lease which, if still in
existence, would be sufficient to constitute the
owner thereof a person having power to sell
under the Land Purchase Acts, counsel should
be satisfied either that such grant or lease is
fully disclosed in the schedule of occupying
tenants referred to in the originating applica
tion or request, or that the interest of the
grantee or lessee has become vested in the
vendor or has determined.
Where the vendor holds under a fee-farm
grant, or lease, for the purpose of
prima facie
title, it is not necessary to make any requisition
as to the existence of any superior grant or
lease.
•
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Where counsel is of opinion that any of the