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GAZETTE
CONVEYANCING
NOTES
Land Commission Consents General Consent to
Subdivision
The attention of members is drawn to the recent edition of
the General Consent (June 1980) issued by the Land
Commission and circulated to the profession. This
consent corresponds generally with the version issued in
December 1977 save for the important fact that the per
mitted maximum size of individual sites within the frame
work of the consent is increased from 1 acre to 1 hectare
(2.471 acres). The limitation in paragraph 6 (ii) of the
General Consent, the provision relating to the minimum
size of the balance of the holding, is now two hectares
instead of 5 acres.
Paragraph (vi) (iii) of the 1977 form of consent pre
eluded more than five divisions of a holding. Under the
new consent the number of subdivisions is not relevant,
the limitation is now one of area and the limit is 2
hectares.
The amended consent should be carefully studied.
Section 45 Consent
The Society has again applied to the Land Com
mission to bring in a General Consent under Section 45
to cover the increasing number of housing estates, indus
trial estates and shopping centre developments which are
situate outside the town, urban district or borough limits
referred to in the Section. There are now wide areas of the
country outside such limits which have been developed
for housing or industrial estates or shopping centre
developments. County Dublin is a particular example of
this.
It could hardly have been the intention for the Land
Commission to retain control over the vesting of owner
ship in suburban housing. It is equally hard to under
stand why control of the vesting of ownership in indus
trial estates should remain with them. In some cases on
industrial estates there is an alternative but it is not
always possible to certify that the user of a proposed unit
is for " an industry". Since the results of applications for
consents in these areas seem to be automatically granted
it is not at all clear why the bureaucratic procedures still
have to be gone through. It must be very doubtful
that the intention of the Land Act was to give the Land
Commission control over consent to vesting in relation to
housing, industrial or shopping developments and
probable that this merely arose as a result of the
excessibely strict wording of the Act.
Section 46(i) Local Registration of Title (Ireland) Act,
1891
Registry of Deeds in the following circumstances. The
freehold title was registered in the Land Registry on a
freehold Folio and a Lease for more than twenty one years
had been granted of part of the lands in the Folio prior to
the 1st January 1967 (the date of the coming into force of
the Registration of Title Act 1964). No leasehold folio had
been opened in respect of the leasehold interest and the
Lease had not been registered in the Registry of Deeds. The
Solicitor concerned had then been asked to have the Lease
178
SEPTEMBER 1980
At the Conveyancing Seminar in Blackhall Place held
on Saturday the 27th September a Solicitor asked as to
whether there was an obligation to register a Lease in the
registered in the Registry of Deeds but felt that it was
unnecessary to do so.
The speakers' panel expressed the view that registration
in the Registry of Deeds was not necessary although all
subsequent documents dealing with the leasehold interest,
including Assignments and Mortgages would of course
have to be so registered but were unable to quote the
precise authority for their view. Mr. Dermond Moran
volunteered what turned out to be the correct answer
namely that there was a specific section in the Local
Registration of Title (Ireland) Act 1891 which dealt with
the position. Section 46(i) of that Act provides
"Registration of a burden under this Act shall have the
same effect as, and make unnecessary, registration of any
deed or document relating to such burden, in pursuance of
any other public general or local and personal Act of
Parliament or of any Provisional Order confirmed by
Parliament, but in case of a leasehold the ownership of
which is not registered in any subsidiary register under this
Act, such exemption from the necessity of registration in
pursuance of the Acts relating to the Registry of Deeds
shall extend only to the lease itself, and not to any other
deed or document relating to the title to a leasehold."
On the coming into operation of the Registration of Title
Act 1964 the position changed radically in that it then
became obligatory to open new leasehold Folios for any
leasehold interests for more than 21 years.
In view of the fact that there was some confusion as to
the correct position the Conveyancing committee felt it
might be helpful to publish this note clarifying the position.
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