The Gazette 1976

GAZETTE

March 1976

LAND REGISTRY

Common Omissions and Errors in lodging

applications for registration

(continued from Jan.-Feb. Gazette p.22)

SCHEDULE II.

A. First Registration Applications.

B. Applications under Section 49 of

the Act.

C. Conversion of Title Applications

(discharge of equities).

D. Applications under Rule 19(3).

First Registration Applications.

1- Not lodging statement of title

with documentary titles (Rule

_ 15(l)(a).

I- Not lodging a suitable map (Rule

15(l)(c).

J- Not lodging affidavit of discovery

(Form 16) or incorporating it in

the application (Forms 1 or 2).

(Rule 47).

4. No original documents lodged

(Rule 15 ( l ) ( b ) ). Lost documents:

no proper searches and no proper

evidence of how they were lost.

Possessory cases: no proper efforts

made to show freehold

title

against which title is claimed.

5. Where searches are directed, lodg-

ing searches with no explanation

of the Acts returned thereon.

6. Replying to some but not all of

the Rulings or the Searches dir-

ected (a direction for a Judg-

ments Office Search is frequently

overlooked).

Applications under Section 49

the Registration of Title Act, 1964.

(i) Form 5 of the Rules not fol-

lowed. Only the barest details

given in Paragraph 2 thereof. The

history of the occupation and pos-

session must be clearly and suc-

cintly set out in this paragraph.

(ii) In the history where deaths

have occurred not proving same.

Frequently

no information

given as to whether deceased died

testate or intestate, married or

single whether leaving issue or

not.

(iii) In listing names of next of

kin not averring that these were

all the next of kin and that there

were no others. Not made clear

whether registered owner and

wife were married once only. Next

of kin of widow not specifically

dealt with.

(iv) Not sufficient accuracy in

giving the dates, or approximate

dates, of the final departure from

the lands of persons who had had

rights therein. Not furnishing the

addresses for service of notices of

such persons or the names and

addresses for service of notices of

such persons or the names and

addresses of their successors.

C. Conversion of Title Applications.

(i) No attempt to show the title

to the tenancy or other previous

interest of the purchasing tenant

in the lands prior to the Land

Commission Vesting Order. It is

not sufficient to merely refer to

the Vesting Orderand consider

that title has been shown. (In

many cases the Land Commission

is able to supply information as

to the nature of the tenancy and

names of tenants noted on assign-

ments and Grants of Probate pro-

duced to them prior to vesting:

also attested extracts from "Iris

Oifigiuil" showing particulars of

the holding and names of tenants

prior to the acquisition and vest-

in of the Landlords interest in the

Land Commission).

(ii) Exchanges. Title to the

tenancy in the lands received in

exchange is shown but not the

title to the tenancy in the lands

given.

D. Application under Rule 19 (3).

(i) Certificate not signed by the

solicitor.

(ii) Certificates referring to con-

veyances subject to fee farm rent

but copy fee farm grant not

lodged.

(iii) Certificates when freehold

and leasehold titles are involved

which deal only with the freehold

title.

Gererally: Many of the faults listed

in Schedule I are frequently com-

mitted in these applications as

well.

OBITUARY

Mr. Justice

Thomas A. Teevan

of 3 Eglinton Road, Donny-

brook, Dublin, died in hospital in Dublin on 19 February 1976,

aged 73 years. Mr. Teevan (as he then was) was admitted as

a solicitor in Easter Term 1925 and practised with Mr. John

B- Hamill in Dundalk until 1935. He then decided to become

a barrister, was called to the Bar in 1936, built up a good

Practice on the Eastern Circuit, and became a Senior Counsel

in 1946, subsequently acting as Senior Revenue Counsel. He

was appointed Attorney-General in the place of President

P Dalaigh, who was, in July 1953, appointed a Judge of the

Supreme Court. Upon the death of Mr. Justice O'Byme, in

January 1954, Mr. Justice Martin Maguire was elevated to the

Supreme Court in February 1954 and Mr. Justice Teevan was

appointed to the High Court; for many years he was a Judicial

Commissioner of the Land Commission, and a Judge in Land

Registry matters. He retired from the Bench for reasons of

health in October 1971, being succeeded by Mr. Justice Griffin.

Mr.

James F. Kent,

aged 63 years, was killed when, while

driving his car, he struck a pole near Clonskea Fever Hospital,

°n 22 February 1976. Mr. Kent was admitted in Easter Term

1935 and practised on his own account at 18 St. Andrew

Street, Dublin 2.

Dr. John O'Shea,

F.R.C.S.I., former County Surgeon for Co.

Longford, retired in 1968. As he stated himself, Dr. O'Shea

took up the study of law to provide himself with an interesting

occupation, and having passed all the requisite examinations,

duly qualified and was by far the oldest candidate who ever

received a certificate to practise from the then President,

Mr. T. V. O'Connor, on 7 December 1972. Dr. O'Shea died at

his residence, 17 Bushy Park Road, Dublin 6, on 6

February

1976.

Mr. Patrick Clement L. Halpenny, B.A., LL.B. (T.C.D.), of

96 Upper George's Street, Dun Laoghaire, Co. Dublin, died

on 1 March 1976. Mr. Halpenny was admitted in Trinity

Term 1929 and practised with his son Michael Halpenny under

the style of P. C. L. Halpenny & Son at 96 Upper George's

Street, Dun Laoghaire, Co. Dublin.

Mr. Edward Walshe died in February 1976. Mr. Walshe was

admitted in Trinity Term 1923 and practised at Emmet Street,

Birr, Co. Offaly, with branch offices at Banagher and

Kilcormac.

The First Bayside Village Development

Society Limited Residents Association

Th e Management Committee of the First Bayside Vill-

age Development Society Ltd. would like to draw soli-

citors' attention again to Item 19, 4th Schedule Lease of

Bayside, which deals with transfer of shares of this

Society.

Failure by solicitors to comply with this Item in the

conveyancing of a number of sales in Bayside is viewed

in a very serious light as it is the custom of the above

Society to ensure that all monies owing to it are paid

before any transfer is approved.

Any queries regarding the above should be sent to :

Mrs. Deirdre Spendlove, Secretary, 42 Sutton Downs,

Sutton, Co. Dublin.