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The Gazette of the Incorporated Law Society of Ireland
[DECEMBER, 1937
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
Solicitor
Counsel.
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.
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.