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GAZETTE
JANUARY/FEBRUARY 1983
alities Commissioners' conveyances were made in
pursuance of a policy designed to realise, for the
benefit of the country generally, the assets of the
Church of Ireland, initially by the sale of the land to
the tenants. If the tenant did not wish to buy the land,
it could then be sold publicly.
There is one area where the situation is ambiguous,
that is, in the transitional period from the 1st January
1871 to the 31st January 1874, when the Church
Temporalities Commissioners exercised the powers
of the Ecclesiastical Commissioners. In such cases,
the Church Temporalities Commissioners would
have sold and conveyed or vested land not under the
Irish Church Act but under the Church
Temporalities Act of 1833. On the other hand, since
the ecclesiastical corporations had been dissolved and
their property vested in the Church Temporalities
Commissioners, the corporations could not join in
the fee farm grant and their place would have been
taken by the new Commissioners. In this way, it
could be argued that a sale took place under the Irish
Church Act, 1869. The practical solution is to save
one's breath and register.
With many titles, the conveyancer will not have
access to the title documents between 1871 and 1891
and, if this is the case, care should be taken to ensure
that none of the recitals in any of the deeds give notice
of a possible defect.
Conclusion
Once a title appears to be registerable, the
conveyancer should investigate the vendor's
situation and satisfy himself that the title is not
registerable in the vendor's hands. Under clause 15 of
the 1978 edition of the Law Society Particulars and
Conditions of Sale, it is only if registration becomes
compulsory on the completion of the sale that the
registration must be effected at the purchaser's
expense. In other cases, the issue will fall to be
decided on the basis of pre-contract requisitions and
notice, as is the case with any other objection or
requisition.•
Footnotes
1. For a summary of the development of the distinction, see extract from
the Judgement of Mr. Commissioner McCarthy in the case of
"In re
the Estate of Watson and Another"
in Bowen, Statutory Land
Purchase in ireland at page 399.
2. Two days before its dissolution as a body corporate under the
provisions of the Irish Church Act.
3. See F.S.L. Lyons, Ireland Since The Famine, and R.B. McDowell,
The Church of Ireland 1869-1969, Chapters 2 & 3.
4. See The Record of Title (Ireland) Act 1865 under which persons
obtaining a conveyance from the Landed Estates Court of any land or
lease or interest therein were entitled to have that conveyence
recorded in the "Record of Title". Approximately 800 titles were
involved all of which are registerable under S. 126(3) of the
Registration of Title Act, 1964.
5. [1896] 1 IR p. 285.
6. [1946] IR. p. 56.
7. It should be remembered that property was acquired by the RCB
between 1871 and 1964 otherwise than under the Irish Church Act.
Such property would not be compulsorily registerable unless it had
been purchased under the Land Purchase Acts. Section 25 of the 1964
Act only affects land acquired on or after 1st January 1967.
General Valuation Department
The Minister for Finance, in exercise of the powers
conferred upon him by section 9 of the Annual
Revision of Rateable Property (Ireland) Amendment
Act, 1860, as adapted, has approved the scale of fees
specified below for the supply by the Commissioner
of Valuation of certified extracts from and copies of
valuation documents in the General Valuation
Office.
Extracts f rom Valuation Lists
Number of For current
tenements
or last year
1 to 5
6 to 10
Every addi
tional 10 or
fraction
thereof
£
3.00
6.00
4.50
For any
previous
year
£
7.20
11.40
9.00
Plus £1.50 per alteration
when a certified extract
showing alteration in a valu-
ation is required.
Copies of Valuation Maps
(not including cost of Ordnance Sheets)
For
Number
current
of lots
year
1 to 5
£6.60
6 to 10
£13.20
Every addi-
tional 10 or
fraction
thereof
£6.60
Plus 50% for conversion to a scale other
than the scale of the current valuation
map.
Certified apportionments of valuation will be
charged for at rates based on the expense of their
preparation.
Department of Finance.
I hereby prescribe the following fees to be charged
as from 1st January 1983 for the services performed
by the staff of the Valuation Office for members of
the public consulting Valuation Lists and Valuation
Maps at the Valuation Office:—
For production of one volume of the
Valuation Lists and/or one Valuation
Map relating to a hereditament described
therein; cancelled documents relating to a
period more than 15 year's previous to be 75 pence
the subject of a further similar charge; this
fee to cover the right to make excerpts
relating to the item under investigation
and a freehand sketch of the hereditament.
Alternative attendance fee (to be applied at
the Commissioner's discretion where
several extracts are required or the time
spent in examination of the documents is
considerable) without restriction on the
number of documents produced.
£4.50
per hour
•or part
thereof.
Commissioner of Valuation •
9