The Gazette 1961

LAND REGISTRATION (SOLICITORS'

COSTS) RULES, 1962.

S.I. No. 148 1962.

WE, the Registration of Title Rules Committee, constituted

pursuant to the provisions of section 73 of the Courts of

Justice Act, 1936, and section 4 of the Registration of Title

Act, 1942, by virtue of the powers conferred upon us by

section 74 of the Courts of Justice Act, 1956, and section 94

ofthe Registration ofTitle Act, 1891, and of every other power

us in this behalf enabling, do hereby, with the concurrence of

the Minister for Justice, make the annexed Rules.

DATED this 8th day of August 1962.

THOMAS TEEVAN (Judge of the High Court).

M. J. L. MacGOWAN

FRANCIS J. LANIGAN

D. L. McALLISTER

I CONCUR in the making of the annexed Rules.

DATED this ijth day of AUGUST 1962.

CHARLES J. HAUGHEY

Minister for Justice.

PRELIMINARY AND GENERAL

*• These Rules shall come into operation on

_ _

*•

the ist day of September, 1962.

2.—(i) These Rules may be cited as the Land

Registration (Solicitors' Costs) Rules, 1962.

Short title and

citation.

(2) These Rules shall be read with the Land Registration

Rules, 1959, and shall be deemed to be incorporated therewith,

and shall, so far as inconsistent therewith, alter or amend the

same.

(3) These Rules and the Land Registration Rules, 1959,

may be cited together as the Land Registration Rules, 1959 to

1962.

Interpretation.

3. In these Rules—

The expression "the Act of 1881" means the Solicitors'

Remuneration Act, 1881;

the expression "the Acts" means the Registration of title

Acts, 1891 and 1942;

the expression "the 1959 Rules" means the Land Registra

tion Rules, 1959;

the expression "the Order of 1884" means the Solicitors'

Remuneration General Order, 1884, made pursuant to the

Act of 1881 and dated the ifith day of April, 1884;

the expression "the Order of 1951" means the Solicitors'

Remuneration General Order, 1951, made pursuant to the

Act of 1881 and dated the nth day of December, 1951.

the expression "the Order of 1960" means the Solicitors'

Remuneration General Order, 1960, made pursuant to the

Act of 1881 and dated the jth day of August, 1960.

4- Rule 118 (6) of the 1959 Rules is hereby

,) of

amended by the Substitution of the words "Part

,959 Rules.

HE ofthe Second Schedule" to the Land Registra

tion (Solicitors' Costs) Rules, 1962, for the words

"Part HI of the Third Schedule to these Rules".

Recissionof

5. Part VII of the 1959 Rules and the

Part vn of the

Schedules of costs to the 1959 Rules are hereby

-959 Rules.

rescinded.

6. The remuneration of a solicitor for con-

andi^oas

veyancing or other business with registered

varied to apply, property, not being business in any action, or

transacted in any court or in the chambers of any

judge or master, shall be regulated by the Orders of 1884 and

1960

as varied by

these Rules.

Sales, purchases

7.—(i) The provisions of clause 2

(a)

of the

and charges.

Order of 1884 shall be varied as follows:

(i) Where the property has a notice of equities or posses

sory title in the register that cannot be cancelled

except after the examination of title prescribed by

rules 36 and 37 of the 1959 Rules—

(a)

the remuneration of the vendor's or charger's

solicitor shall be double the charges set out in

Part I of Schedule I to the Order of 1884 pro

vided that such title shall have been shown as

would enable the purchaser or chargee to have

the notice cancelled in the register;

(b)

the remuneration of the purchaser's or chargee's

solicitor shall be double the charges set out in

Part I of Schedule I to the Order of 1884 pro

vided that an application to cancel the notice is

made when registration of the ownership or of

the charge is applied for and effect is given to the

investigation of the title made on the sale or

charge by the cancellation of the notice in the

The remuneration shall cover all charges in

connection with the cancellation of the notice.

If cancellation of the notice in the register is

not applied for and obtained, the remuneration

shall be two-thirds of the foregoing remunera

tion.

(ii) Where—

(a) the property has a notice of equities or of posses

sory title in the register that cannot be cancelled

except after the examination of title prescribed

by rules 36 and 37 of the 1959 Rules, and such

title as would enable the purchaser or chargee to

have the notice cancelled in the register shall

not have been shown, or

(b)

the property has no notice of equities or of posses

sory title or has a notice thereof that may be

cancelled on an application under rule 34 or 35

of the 1959 Rules, the remuneration shall be the

charges set out in Part I of Schedule I to the

Order of 1884. The canc

ellation

of a notice on

an application under rule

34.o

r 35 of the 1959

Rules shall be deemed to be part of the business

in connection with the sale, or charge, and the

solicitors obtaining the cancellationshallalsobe

entitled to the remuneration therefor prescribed

jjy rule 9 (i) (ii) of these Rules.