22 / 274
GAZETTE
19.
op. cit.,
p. 162. Sec Mcgarry and Wade,
The Law of
Real Property,
4th ed.. p. 291, where a similar dictum from
the same page in Lord Esher's judgment has been adopted as
of general application.
20. (1890) 45 Ch.D. 402. at p. 417.
21. at p. 419.
22.
In re Marquis
of Ailesbury's
Settled
Estates
(1892)
1 Ch. 506, at p. 536
per
Lindley, L. J."
23. Hanbury's
Modern Equity,
9th ed., p..513.
24.
Re Mundy
and Roar's
Contract
(1899) 1 Ch. 275,
at p. 288.
25.
Wheelwright
v.
Walker (No.
/) (1883) 23 Ch.D. 752
at p. 762,
per
Pearson, J.
26.
Dowager Duchess of Sutherland
v.
Duke of
Sutherland
(1893) 3 Ch. 169, at p. 195,
per
Romer, J.
27.
Wheelwright
v.
Walker (No. / ) , supra,
at p. 761.
28. As in
Re Hunt Settled Estates,
supra.
29. A lease may be granted by a tenant for life to his
wife:
Gilhey
v.
Rush
(1906) 1 Ch. 11.
30.
Supra.
31. Cheshire,
op. cit.,
at p. 163.
32.
Dowager Duchess of Sutherland
v.
Duke of
Sutherland,
supra,
at p. 181.
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LAND REGISTRY
Land Registry, Central Office,
Chancery Street,
Dublin 7.
25th February, 1976.
Dear Mr. Ivers,
I enclose herewith as promised the
lists of common omissions and errors
of Solicitors in lodging applications
for registration. If the profession
could note these points and act on
them, registration would proceed
much more efficiently. The fact that
in so many cases the dealings as
presented, or the replies to queries
raised by the Registry, do not com-
ply with provisions of the Registra-
tion of Title Act 1964 or the Land
Registration Rules 1972, is a big
factor in delaying registration.
I hope you will be able to give
your members many a reminder in
the next six months that from 1st
September
next
the
preliminary
quality check of maps when lodged,
will be strictly enforced, as agreed
at the meeting in the Department on
5th instant.
Solicitors when preparing dealings
now which deal with part of regis-
tered lands should see that the plans
are drawn on a Land Registry Copy
Map (where suitable) or on the
current largest scale map published
by the Ordnance Survey (Rule 56).
The suspension of the check insti-
tuted on 1st January last is to en-
able solicitors to dispose of cases
already in the pipeline.
Reference was made at the meeting
to a proposal to have the "certificate
cases" (those under Rule 19(3)) dealt
with speedily. The Rule applies where
the property has been purchased for
not more than £20,000 (1975 amend-
ment). It is assumed that the sale
has been a recent one. There should
not be a long interval between the
date of the deed of transfer and the
date of the certificate (Form 3). It
is assumed that the solicitor in sign-
ing the certificate has regard to the
period since the execution of the
deed and that his certificate speaks
from the date thereof. This should
be at the last moment before lodging
the application in this office.
I feel that many solicitors are not
yet aware of the raising of the £8,000
22
limited in Rules 19 and 35 to £20,000
last November. If a reminder could
be inserted in the Gazette or one of
your circulars, it might be helpful to
them and their clients.
Yours sincerely,
N. M. GRIFFITH,
Registrar.
SCHEDULE I.
Dealings with Registered Land.
1. Failure to lodge any fees, or suf-
ficient fees.
2. Failure to lodge either, (i) the
Land Certificate where appro-
priate or, (ii) consent to the user
of a Land Certificate already
lodged, where appropriate.
3. Omitting to complete Form 17
fully. See Rule 57.
4. In a great number of Transmis-
sions cases where the registered
owner died on or after 1st June,
1959, the Affidavit/Assent or
Transfer does not strictly follow
the precedent forms in the 1972
Rules
[although
there
are
"Notes" appended to the pre-
cedents as guide-lines],
5. Failure to furnish letter of con-
sent to sub-division from the
Land Commission or certificate
of compliance with the condi-
tions specified in such letters
(cp. Section 12(1) of the Land
Act, 1965).
6. Failure to state in transfers that
the transferor is the registered
owner. The insertion of the
wrong folio number in deeds and
documents
(necessitating
re-
execution).
7. Where the Land
Commission
have entered a Section 6 Land
Act 1946 Prohibition Note on a
Folio the subject of a Transfer
the failure to obtain and lodge
consent from them to registra-
tion of such transfer.
8. Failure to lodge consents under
Sections 88 and 90(6) Housing
Act, 1966 where appropriate.
9. Deponent in Affidavit to register
a Judgment Mortgage not being
a competent person under the
Judgment Mortgage Act, 1850,
1858.
10. Omossion of assent to registra-
tion of charge/burden/easement
by the owner of the lands
affected thereby. (See Form 66).
10. Omission of assent to registra-
and description of, a person en-
titled to a charge incorporated in
deeds of transfer.
12. Failure to set out in attestation
clauses or in affidavits why a deed
is signed by a mark (See Rule
54).
13. Failure to certify in marriage
settlements that the marriage
has taken place.
14. Failure to state the shares in
which tenants-in-common are to
hold the property in deeds creat-
ing a tenancy-in-common.
15. Omitting the necessary certifi-
cate under Section 45 of the
Land
Act.
Certificates
are
required from all persons deriv-
ing interests under documents.
This applies to assents by per-
sonal representatives.
(Schedule II will be published in the
March GAZETTE).
"The
Income
Tax
Acts"
The N I NTH SUP P LEMENT
to the loose-leaf volume
" The Income Tax Ac t s"
has now been published. The
supplement embodies the
ame n dme n ts made by the
Finance Act, 1975, and t h t
Finance (No. 2) Act, 1975. It
is available from the
Gov e r nme nt Publications
Sale Office, G.P.O. Arcade,
Dublin 1.
Price 60p
(Postage 17p extra)