134 / 736
SCHEDULE
1. Registered Owner, Kate Halpin. Folio number
16039. County Meath. Lands of
(1) Derlangan,
(2)
Rathmore,
(3) Drissoge in the Barony of Lune, con
taining 32a. lr. 23p.
2. Registered Owner, Patrick Godley. Folio number
12860. County Kerry. Lands of Ballyfinoge,
in
the
Barony of Trughanacuny, containing 12a. lr. 5p.
3. Registered Owner, Elizabeth Loughlin. Folio num
ber 1841. County Kildare. Lands of Kill East and Kill
West,
in
the Barony
of
Salt
South,
containing
208a. 3r. 20p. (7/21st).
4. Registered
Owner,
Leonard William McKay
Forbes. Folio number 1942. County Westmeath. Lands
of Martinstown, in the Barony of Corkaree, containing
3a. 3r. 24p.
5. Registered Owner, James Duffy. Folio number
16847. County Monaghan. Lands of Monyglen in the
Barony of Farney, containing lOa. Or. 15p.
6. Registered Owner, William O'Connor. Folio num
ber 4213. County Kerry. Lands of Bawnmore in the
Barony of Clanmaurice, containing 9la. Or. 28p.
LAND REGISTRY SEARCHES
In late April, 1967 the Minister for Justice in reply to
a parliamentary question dealt with
the question of
telephone
searches
in
the Land Registry
and
the
charges therefor. It was suggested by the Society to the
Minister that the facility for telephone searches at a
reasonable fee should be continued. It was pointed out
that it was a matter of considerable importance in the
interest of expedition especially, in smaller transactions.
The Council requested
the Minister to consider the
desirability of continuing the service to the public at
a
reasonable charge, but expressed
the opinion
that
the fee of £1 10 0 prescribed was too high.
The Society wrote to the Minister on May 1st, 1967
and received a reply dated 17th April, 1968 from the
Secretary of The Department of Justice which reads as
follows: —
Dear Sir,
I am directed by the Minister for Justice to refer
to your letter (EAP.L/2/67) of
the 1st May, 1967,
regarding the question of telephone searches in the Land
Registry and to say that he has now fully examined
this whole matter.
The only searches in the Land Registry which arc
authorised by the Registration of Title Act, 1964, and
the Land Registration Rules, 1966, and in respect of
which fees are prescribed by the Land Registration Fees
(No. 2) Order, 1966, are the following: —
(1) A search carried out by an applicant in person,
for which the fee is 2/6d.
(2) A search carried out by the Land Registry on
the basis of a written requisition, for which the
fee is 20/-. The result of the search is issued in
the form of a certificate by the Land Registry.
The searches are dealt with in
the order in
which the requisitions therefor are received in the
Registry.
(3) A search carried out by the Land Registry on the
basis of an application made by
telegram or
telephone, for which the fee is 30/-. The result
of the search is in the form of a "Yes" or "No"
answer and is conveyed by telephone or tele
gram, as the case may be. Applications by tele
phone are entertained only from Solicitors. Each
search applied for must be carried out forthwith.
The result, where conveyed by telephone, has to
be confirmed by writing sent on the same day
from the Land Registry.
(4) A priority
search carried out by
the Land
Registry on the basis of a written application,
for which the fee is 40/-. The result is issued
in the form of a certificate by the Land Registry.
This is a new type of search introduced for the
first time on the 1st January, 1967 under the
Registration of Title Act, 1964. In effect, such
a search not only reveals the state of the register
as at the date of the search but also gives the
applicant a period of 14 days within which to
complete and register a transaction in priority
to any other dealing lodged during that period.
The accuracy of the official searches referred to at
(2),
(3), and (4) (i.e. those authorised by the Act and
Rules and carried out by officers of the Land Registry)
is guaranteed by the State. This is of importance and
benefit
to persons on whose behalf the searches are
conducted; and
it has
to be
taken
into account
in
determining the size of the relevant fees, as has also
the fact that the time of public officials is involved. In
this latter connection, it must be remembered that the
Land Registry is required by statute to be self-support
ing.
In the period up to the 31st March, 1966, the fee
payable for an official search of the kind referred to at
(2) above was 10/-. From the 1st April, 1966, this fee
was increased to 20/-. Prior to the 1st January, 1967,
a special fee was not prescribed for an official search
by telephone or telegram, which was treated simply as
an official search by telephone or telegram could be
made only to the Central Office of the Land Registry.
However, with effect from the 1st January, 1967, the
facility of being able to apply for an official search by
telephone or telegram has been extended to the local
offices and the fee chargeable therefor has been fixed
at 30/-. The fee for the ordinary official search remains
at 20/-. The higher fee for the telephone or telegram
search is justified by reason of the fact that this type
of search is dealt with immediately and in priority to
written requisitions for official searches.
As the Minister indicated on the llth April, 1967,
in reply to a Dail Question on the subject by Deputy
Patrick O'Donnell,
the present
informal arrangement
in the Central Office of
the Land Registry, and in
some, but not all, of the local offices, whereby solicitors
are
facilitated by
having
their
telephone
inquiries
treated as personal searches (for which the personal fee
of 2/6d is charged) has no statutory authority to sustain
it. Searches so conducted are in no sense official searches
the reliability of which
is guaranteed by the State.
Having carefully considered every aspect of the matter,
the Minister has decided that the present arrangement
(which is, in practice, largely confined to four counties)
cannot
be
allowed
to
continue. The Registrar of
Titles is being instructed that the arrangement
is
to
cease as on and from the 1st May, 1968.
Yours faithfully,
P. Berry,
Secretary.
112