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48
The Gazette ol the Incorporated Law Society ol Ireland.
[APRIL, 1934
On the completion of the registration of a
transaction, and
in
the absence of any
evidence that it was lodged by or on behalf
of any other person than the registered owner,
the land certificate is dealt with as follows
:-.
(i) if the transaction is a transfer or
transmission of all the land, it is
delivered
to
the new
registered
owner;
(ii) if the transaction is a transfer of
part of the land in a certificate, it is
redelivered to the registered owner
of the land remaining untransferred,
the certificate being amended by
removing from it the part trans–
ferred ;
the owner of
the part
transferred can obtain a certificate
for his part on payment of the
prescribed fee";
(iii) if the transaction is a charge, lease,
or other burden, it is redelivered to
the registered owner of the land.
In any case in which it appears from the
documents that the certificate was lodged by
or on behalf of a person who was not the
registered owner, it will be redelivered to
that person.
The certificate will in all cases be delivered
to the Solicitor for the person appearing to be
entitled to its custody as above stated, pro–
vided he states in writing that he is the
Solicitor for the person so entitled and that
he requires the certificate to be delivered to
him as such Solicitor.
The Registrar will
not
assume
or infer that a Solicitor is the
Solicitor for a person or that he requires
delivery of the certificate ;
he must say it.
The statement should normally accompany
the certificate or the document lodged for
registration ;
but, if it is produced in the
Registry while the Certificate is in it, it will
be acted on.
It will be filed for reference
when production of the certificate is again
required on subsequent registrations.
When production of a Land Certificate can
be ordered.
4. The Registrar can order the production
of a Land Certificate for the registration of
a transaction that can be effected without
the consent of its holder (S. 81 (2)).
The
Registrar's view is that he can order its
production for any registration that will not
affect a lien created by its deposit. When
necessary, therefore, he will order its pro–
duction for the registration of a voluntary
:
transferee, or a person entitled under the
Will or intestacy of a deceased owner, or a
judgment mortgage, or any other burden
created
without valuable consideration
;
for
these can be registered without affecting the
lien of the holder of the certificate. But the
i
Registrar will
not
order the production of a
!
certificate for the registration of a transfer
on sale or marriage, or given for other
valuable consideration, or for the registration
of a burden created for valuable considera–
tion, in any case in which the holder claims
a .lien on it by deposit; for in his opinion
registration under such a document would
defeat or postpone the lien (See S. 44(2)).
Solicitors should note that the onus is on
the Solicitor for the depositee of a land
certificate of deciding whether he will produce
it or not for a registration.
It is not the duty
of the Registrar to inquire into the motive
or reason for the production of a certificate
by its depositee.
If the latter produces it for
the registration of a transfer for value or a
charge for value, and a registration is made
on its production that defeats or postpones
the lien, his loss is caused by his production
of the certificate when he could have refused
to produce it; and he will have no claim
against the Insurance Fund.
A Land Certificate may be lodged for specified
registrations.
5. Where a registered owner is making a
number of transfers of parts of the land in a
land certificate, the Registrar will on request
facilitate the completion of the transfers by
receiving the certificate from the registered
owner and holding it for registration only
of the transfers specified by the Solicitor for
the owner ;
and an acknowledgment of its
receipt for the purposes specified will be
given.
\\Tien this is desired the Solicitor
for the registered owner should first com–
municate with the Registry.
CALENDAR, 1934.
The Society's Calendar for 1934 can be
obtained in the Secretary's Office, price, five
shillings; by post, five shillings and six
pence.