The Gazette 1949-1952

Office had been so re-organised as to prevent the

accumulation of arrears in future.

It is hoped that with the establishment of the

new Statute Revision Committee in Ireland, lawyers

and the public will no longer be subjected to the

unwarranted delay in statutory revision and in law

reform which has occurred hitherto.

NOTICE TO SOLICITORS

Registration o f Charges, Judgment

Mortgages

and other Instruments

affecting Agricultural Land

serious attention of solicitors who have been

instructed to register instruments relating to agri

cultural land, is directed to the following precau

tions to be taken in relation to such registrations,

viz

1. Where the lands to be affected have been

vested by the Land Commission in the tenant-

purchaser, and a

Folio has actually been opened

in the Land Registry

in respect thereof, the

instrument affecting such land, or, in the

case o f a judgment mortgage, the affidavit to

of course, be lodged in the Land Registry in

accordance with the ordinary procedure in

the case o f registered land.

2. Where the lands to be affected have been vested

in the tenant-purchaser,

but a Folio has notyet

actually been opened in his name in the Land

Registry,

the Deed o f charge or other instru

ment (including a judgment mortgage affi

davit)

must of course, be similarly lodged in the

Land Registry,

as indicated in paragraph i

(supra), since, under Section 31 (3) of the

Land Act, 1931, such lands are, as on and

from the date o f the Vesting Order, deemed

to be registered land, and are thereupon

exempt from registration in the Registry of

Deeds (Section 19 o f the Registration of Title

Act, 1891) : and such instrument will not

affect the lands until registered in the Land

Registry. In such case registration in the

Registry of Deeds would not preserve the

priority of the interests created by such

instrument, or, in the case of a judgment

mortgage, would be ineffectual to create a

charge on the lands.

Thefact that, on a search in the Registry of Deeds,

no memorial of the registration of such land under

the Registration of Title Act,

1891,

appears, is

not to be taken as evidence that the lands are still

subject to registration in the Registry of Deeds,

or that they are not deemed to be registered in the

Land Registry under the above-mentioned Section

31 (3)

of the Land Act,

1931.

4. Accordingly, before taking steps to register a

deed o f charge, judgment mortgage or other

instrument on agricultural lands, solicitors

are earnestly advised—

(a) to inquirefrom the First Registration Branch

of the Land Registry whether or not a vesting

Order in respect of such land has been

transmitted by the Land Commission to the

Land Registry for registration.

Particulars of the name o f the estate, record

number, name o f the purchasing tenant and

Collection number of the holding should be

furnished for the purpose o f identification

when making such inquiry.

(

) I f a Vesting Order revesting the lands

has not actually been received in the

Land Registry, then

inquiry

(giving

above-mentioned particulars)

should be

made from the Land Commission

as to

whether or not such land has in fact

been re-vested in the tenant-purchaser,

whose interest is sought to be affected

by the Deed o f Charge Judgment,

Mortgage Affidavit or other instrument.

5. If, as a result o f the inquiries indicated at

(a)

and (

) (supra), it is ascertained that the lands

in question have been re-vested in the tenant

(even though the Vesting Order has not been

received by the Land Registry from the Land

Commission),

the Deed o f Charge or other

instrument

must be lodged in the Land Registry,

following the ordinary procedure in the case

of registered land indicated at paragraph 1

(supra).

6. The above-mentioned precautions are neces

sary by reason of the fact that, owing to cir

cumstances beyond the control o f the Land

Registry, there exists a considerable arrear of

Vesting Orders awaiting actual registration in

that Department, in respect o f which Vesdng

Orders Folios have not yet been opened.

Strenuous efforts are being made by the Staff

of the Registry to reduce this arrear, and,

where a case for special urgency on the

merits is made to the Registrar, registration in

such a case will be expedited and a Folio

opened.

It is o f vital importance that practitioners, in the

interests o f their clients, should take the precautions

above indicated in the cases envisaged in this Notice.

Dated the 19th of February, 1951.

oseph

O ’B

yrne

Registrar of Titles.