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GAZETTE

APRIL 1978

REGISTRATION OF A NOTICE UNDER THE

FAMILY HOME PROTECTION ACT 1976 IN THE

REGISTRY OF DEEDS

71, Wellington Road,

Dublin 4

3 March, 1978

Dear Sir,

I recently had the task of registering a Noticc in the

Registry of Deeds under the Family Home Protection Act

1976. I found that no precedent seemed to be available

For this, and 1 had to draft my own Notice and Declara-

tion verifying this.

1 suggest to some members of the Conveyancing

Committee that they might like to "lick this into shape"

&nd circulate it among the profession as a suitable

Precedent to be used in such a case. No one on the

Committee seems to be very clear about which index the

Notice is registered on. There is obviously no problem in

the Land Registry, as the Notice is registered on the Folio.

In the Registry of Deeds, however, the normal index

searched against is the index of Lands and I w onder if you

could find out exactly what the Registry of Deeds do with

the Notice. How would it turn up in a search? 1 attach a

copy of my precedent for your file.

Yours truly,

Rory O'Donnell.

Land Registry, Central Office.

15 March, 1978

Gear Mr. Ivers.

I acknowledge receipt of your letter of 7th instant, with

enclosures, which are returned herewith.

To register a notice of marriage under Section 12 of the

Family Home Protection Act in the Registry of Deeds we

require an affidavit or statutory declaration by the

applicant spouse which gives the names and addresses of

Urth parties, states the date and place of the marriage and

adequately identifies the property as a family home.

Mr. O'Donnell's draft includes all these particulars.

• The name of the property owning spouse is entered on

the Index of names in the Registry of Deeds as "grantor"

and a note entered ir.der the description of the property,

or grantee, to the etTect: "Notice pursuant to Section 12

of the Family Home Protection Act 1976 AB (applicant

spouse) is married to the said CD (owner spouse)".

Yours faithfully,

Ncvin M. Griffith, Registrar.

PRECEDENT FOR REGISTRATION OF A NOTICE

IN THE REGISTRY OF DEEDS

1,

of

in the County of

give notice as follows:

1. I

of

am

t h e

l a w f u l

s p o u s e

of

in t he C o u n t y

of

, having married

h i m / h e r

on

t he

19

at

in t he

C o u n t y

of

2. The said

has an

interest in the dwelling-house and premises known

as

(include

the name of street town of village, townland, parish,

barony and county).

3. The said dwellinghouse and premises described in the

last foregoing paragraph are our Family Home within

the meaning of Section 2 of the Family Home

Protection Act. 1976.

4. I apply to have this notice of my marriage registered in

the Registry of Deeds pursuant to Section 12 of the

Family Home Protection Act, 1976.

Dated

day of

SIGNED by the said

in the presence of:—

I ,

of

in

t he

C o u n t y

of

aged 21 years and

upwards do solemnly and sincerely declare as follows:—

1. I refer to the above notice which I have signed my

name in the presence of a witness before making this

Declaration.

2. I say that the facts set out in this notice are true in

every respect.

3. I make this Declaration for the purpose of verifying

the particulars of the above notice under Section 12 of

the Family Home Protection Act, 1976 and for the

purpose of registering said notice in the Registry of

Deeds pursuant to the Registration of Deeds Act,

1707 conscientiously believing the same to be true and

by virtue of the Statutory Declarations Act, 1938.

DE C LAR ED

of

by t he sa id t h is

day

at

in the County

of

b e f o re me a

Commissioner for Oaths in and for the said County.

COMMISSIONER FOR OATHS.

NATIONWIDE INVESTIGATIONS

(Laurcnce Beggs)

126 Broadford Rise,

Ballinteer, .

Dublin 16.

'Phone 989964

Independent Actuarial Advice

Regarding

Interests in Settled Property

and

Claims for Damages

BACON & WOODROW

Consulting Actuaries

58 Fitxwilliam Square

Otiblin 2 (Telephone 762031) -

71