611 / 736
three classes of title and under Section 40 with
four classes of title. I would point out, however,
and I would like to emphasize as strongly as I can
for the benefit of the profession, that applications
for possessory title under the conveyances on sale
or grants or assignments of leases under discussion
will not be entertained except in rare cases.
Under the Act and Rules a solicitor must dis
close all evidence of title in his possession and it
is not anticipated that such title will, normally,
bs insufficient to allow my registering with abso
lute title in the case of leaseholds.
I may add that in my experience of over thirty
years of registration I have rarely found it neces
sary to refuse applications for registration with
what is now equivalent to absolute title or good
leasehold title, particularly where the application
is based on a recent investigation of title by a
practising solicitor.
Society to Mr. McAllister,
5/10/'70.
Thank you for your letter of September 17th
on the subject of Section 24, 25 and 33 of the
Registration of Title Act 1964. Two matters seem
to arise.
1. If a purchaser under a contract for sale of
freehold or leasehold property in the new
compulsory area can obtain only such title as
would justify application for possessory title
and applies for such registration will the
Registry register him with a possessory title
so as to avoid the penal consequences of
Section 25 attendant upon failure to obtain
registration within six months.
2. If an applicant applies for registration of
possessory title has the Registrar any juris
diction to refuse such registration having re
gard to the provisions of Section 33.
While I fully appreciate the reasonable attitude
of the Land Registry in all cases nevertheless it
may happen that difficulty of titles may arise
particularly in regard to obtaining documents in
other custody and it would certainly be a scan
dalous state of affairs if a purchaser was refused
possessory title and thereby found his purchase
nullifield after paying over the purchase money.
I would like your assurance on these points.
Mr. McAllister to Society,
14/10/'70.
With reference to your letter (Reference EAP.
L/2/'70) of the 5th instant. Delay in replying
is regretted but is due to the writer's absence on
leave.
As regards Paragraph 1, if a Solicitor buys a
possessory title only or what is equivalent to a
possessory title the Registry will register the appli
cant with possessory title.
As regards Paragraph 2, the Registrar is not
bound to register a possessory title on application.
See second last paragraph of my letter of the
17th ultimo and Section 33 (8) of the Registration
of Title Act, 1964.
Society to Mr. McAllister,
14/10/'70.
Thank you for your letter of Ocober 14th on
the subject of registration of title and Section 25
of the Registration of Title Act, 1964.
It seems to me that the result of our corres
pondence comes to this. If a purchaser gets all the
title to which he is entitled under the contract and
submits it to the Land Registry with an appli
cation for registration within six months after the
date of the conveyance he will be registered with
an absolute title if the evidence is sufficient evid
ence to register him with an absolute title, but
in any event he will be registered and will not
suffer the penal consequences under Section 25.
I think this follows from the second paragraph of
your letter of October 14th but it needs clarifi
cation because you will appreciate that the pur
chaser does not buy an absolute title as such. He
simply buys property under certain conditions and
it is a matter for the Registrar of Titles to decide
whether the evidence will be sufficient to create
an absolute title.
I would be glad for your confirmation on this
point and I propose to inform the members
accordingly.
Mr, McAllister to Society,
27/10/70.
I think having regard to Section 33 of the
Registration of Title Act, 1964 there is very little
doubt that registration will be effected in most
compulsory cases.
This is all new country however, and there
may be instances where the Registrar may be
unwilling to register with any class of title. It is
difficult to see all the possibilities at this stage.
LEGAL
AID REGULATIONS
Dear Sir,
Regulation 1 1 (3) of the Criminal Justice (Legal
Aid) Regulations, 1965 provides "Subject to
paragraphs 4 and 5 of this Regulation, the tra
velling and subsistence expenses actually and
153: