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direct to Land Commission or otherwise) of pay-
were included in the requisitions
on Title the
mcnt of instalments, redemption moneys, etc.
position would be clear before completion of the
sale.
5. Lodgment of Legal Documents
(a)
In the case of Deeds sent for noting clear
identification of holdings by reference to Receiv–
able Order Number, tenant and townland is very
helpful to the Land Commission who also require
to be informed as to the devolution of title from
the person noted in their records as entitled. The
name on the Receivable Order is often merely
that of the payer or occupier.
(b)
In the case of marriage settlements where
joint tenancies are set up, the date on which the
marriage took place should be stated.
(f)
Change of ownership in the case of vested
holdings or parcels is a matter to be notified to
the Land Registry, Chancery St., Dublin. Docu–
ments in such cases should not be referred to the
Land Commission see also 9.
6. Quit Rents and Church Temporalities
(tf) Correspondence relating to Quit Rents and
to
the Church Temporalities Accounts
should
be addressed to the Secretary, Irish Land Com–
mission, Church Temporalities Branch, 24 Upper
Merrion St., Dublin.
(b)
Every application for a Certificate of the
Redemption Value of a perpetuity rent or tithe
rent charge should indicate the purpose for which
the Certificate is required.
(<r) Frequently
on
the
subdivision of
lands
subject to a Church Temporalities mortgage it is
proposed that each of the parties to the subdivision
should pay part of the instalment and receive a
separate demand for that part. There are no pro–
visions for division of a mortgage but anyone
who wishes
to avoid the trouble which often
ensues when two or more parties own land subject
to a mortgage may do so by redeeming an agreed
part of the mortgage.
(d)
Frequently in a private sale of lands
the
subject of a Tithe Rent charge
the documents
of Tithe do not reveal the existence of the charge
and the vendor does not disclose it but continues
to pay it. The Land Commission Church Property
Branch not having been made aware of the change
of ownership, continue to issue
their demands
to the original payer until he (or his successor)
declines to pay. Then the facts come to light and
there is trouble in getting the new owner to pay.
If a certificate as
to Tithe Rent charge liability
7. Sales of Holdings and Parcels
(tf) In the Purchase Agreement for a parcel of
land the purchaser agrees not to " sell, alienate,
sub-let, subdivide or part with possession " of the
parcel before it has been vested in him.
Breach
of this condition may result in the purchaser being
deprived of the parcel.
There is no mention of
sale " with the consent of the Land Commission " ;
yet in a number of cases parcels have been offered
for sale " subject to the consent of the Land Com–
mission " though such consent has neither been
applied for nor obtained and in many cases the
sale
is completed before the Land Commission
become aware of it. When a Solicitor is instructed
to apply for consent to sale he should whenever
possible state the name of the proposed purchaser
and give the Receivable Order No. and other
particulars of any lands held by him.
(b)
Before completing the sale of a holding the
Solicitor
should ascertain whether
the vendor
has ever been allotted a parcel (or has another
holding) for consolidation with it and, if he has,
should consult the Land Commission.
(It is not
always realised that when a holding with which
a parcel is to be consolidated is sold, even if the
parcel is not sold, the allottee is liable to have the
parcel taken up from him owing to the breach
of the terms of the Agreement which provides
for consolidation, or that in such cases the sale
may be null and void see Section 23 of the Land
Act, 1939, and Section 6 of the Land Bill, 1945.)
8. Copies of Documents
and Production
of Originals
(a)
The Receivable Order No. should be quoted
in all applications and requisitions for copies of
purchase agreements, maps and other documents.
(b)
The purpose for which the copies are required
should be fully stated.
(<r) The fee quoted by
the Land Commission
for the copies should be paid in Land Commission
(not Land Registry or other) stamps.
Stamps
should not be sent until asked for as over or
under-estimation of fees
causes correspondence
and delay.
(W) Applications for copies required for Court
cases should be made in good time, say, 10 or 12
days before hearing.