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g a z e t t e

april 1991

| {

BOOK

REVIEWS

LAND REGISTRY PRACTICE

By Brendan Fitzgerald, Uhe Round

Hall Press,]. £55.00.

An "instant" review would not

have done this book justice. It is not

a text book; rather it is a com-

pendium of Land Registry practice

which is of very considerable as-

sistance to the practitioner.

The writer has had on occasion

to refer to this book regularly over

the period since its publication

and has found it of enormous

benefit.

It is not always appreciated that

conveyancing practitioners in

Dublin have as much and, indeed in

some cases, wider experience of

Land Registry practice than their

country brethren. Apart from the

fact that almost all housing

developments in the outer suburbs

of Dublin in the last 15 to 20 years

have been carried out on registered

land and most industrial estates

have also been developed on

registered land and most signi-

ficantly considerable amounts of

complex centre city properties have

been compulsorily registered under

the provisions of Section 23 of the

1964 Act.

To take an example of the type of

problem which has unfortunately

arisen much too frequently in

recent years - the procedural

difficulties which arise when an

occupational lease, perhaps on an

industrial estate, has been termi-

nated, sometimes informally, on the

tenants ceasing to trade are con-

siderable. The passages at pages

71 - 74 of this book will be of

considerable assistance to all

practitioners. In addition they show

the Land Registry as adopting a

most positive attitude to the

interpretation of the legislation to

enable a practical solution to be

reached.

It is perhaps timely that this most

useful work appeared shortly

before the decision to convert the

Land Registry into a "Semi-State"

body. Timely because it highlights

a number of areas where con-

sideration needs to be given not to

altering Land Registry practice but

to amending the framework within

which the practice operates,

namely, the

Registration of Title

Act, 1964.

That Act was drafted in

a context where agricultural land

was the prime subject of the

Registry's operations. That is

significantly less true as we

approach the end of 20th century

and if compulsory registration is to

be extended it will be even less true

since the great majority of land

remaining to be registered is urban

property. There are aspects of the

present registration system which

do not accommodate complex

urban property satisfactorily and

it is hoped that an opportunity

will be taken when reviewing the

change of status of the Registry to

look at its fundamental legislation

also.

This book will be of enormous

practical assistance and is most

welcome.

John F. Buckley

FAMILY FINANCE, 1991/92

Edition

By Colm Rapple. [Squirrel

Press, 1991, 252 pp, IR£4.50,

paperback]

Many lawyers are drowning in a sea

of paper. A commentator has

stated recently that the archaic

ritual by which parliament decides

how tax law is made is about as

appropriate to a modern industrial

democracy as tally sticks to the

international money market. He

added that radical reform of the

machinery for enacting tax

legislation was needed. Only then

would tax legislation become

intelligent and intelligible. The

commentator stated that as long as

we continue to worship in

accordance with established rites

at the altar of the annual Finance

Bill, so long will tax laws be

confused and confusing.

Family Finance

has been on the

best seller list in Ireland for more

than a decade providing an annual

update on changes on financial

matters. Business journalist, Colm

Rapple, has specialised in personal

finance matters and has written

extensively on a wide range of

topics in the

Evening Press.

Family Finance

covers many of

the financial problems which an

average family may encounter. This

edition has been completely

updated to include developments

during the past year including the

provisions of the 1991 budget.

Topics included in the present

edition include the 1991 budget, a

PAYE tax guide - how to save tax,

covenants, inheritance and gift

taxes, capital gains, redundancy

entitlements, social welfare issues,

consumer and worker rights, life

assurance - avoiding the pit falls,

borrowing, car insurance and home

insurance.

Colm Rapple presents details

about the "archaic ritual" - the

annual financial legislation - in

a lively

and

straightforward

manner.

Eamonn G. Hall

A G E N T

I N

A U S T R A L I A

Melbourne firm Includes Irish

Solicitor practicing in Australia (five

years) seeks agency work/linkage

with Irish Lawyers. We cover

Company and Commercial Law.

Property, Tax. Finance,

Immigration, Litigation and Probate

matters. Contact -

Jimmy Lardner.

Lardner &Associates

100 Mt Eliza Way.

Mt Eliza, Victoria, Australia

Phone: 16-61 37874511

Fax: 16-61 37879799

163