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GAZETTE
JULY
farm jointly with him. Where the application is for the
registration of the applicant as full owner of the whole or
part of a commonage it is usually difficult or impossible
where the persons entitled are too numerous for the
applicant to ascertain all their names and addresses or
those of their personal representatives or successors. If
they are not supplied, we would direct notice to be
published in a local paper circulating in the locality in
substitution for the service of notices.
We accept titles and register an applicant as full owner
notwithstanding the existence of an unproved Will of the
registered owner purporting to have devised the land to
the applicant or a predecessor in title of the applicant,
provided that the said Will does not purport to charge
legacies or rights on the land, or if any such legacies arise
they have been discharged or become spent or statute-
barred.
APPLICATIONS FOR REGISTRATION WHEN
DEEDS HAVE BEEN LOST OR DESTROYED
Registration may be effected where there is an affidavit
that exhibits and identifies a copy deed which clearly
shows that the original deed was duly executed, that the
parties subsequently acted on it according to its tenor and
that it has been lost or destroyed. Unless it shows clearly
that it was stamped the copy deed tendered must be
stamped as an original.
Formerly where a person entered into possession of
land in the capacity of a bailiff the old doctrine was "once
a bailiff always a bailiff'—but this is now abolished by
Section 124 of the Succession Act 1965 as regards a
person entering into possession of the estate of a deceased
person who died after the 1st January 1967.
Formerly a personal representative was regarded as an
express trustee of the registered freehold property of his
deceased and could not claim the benefit of the Statute.
This was continuously modified by the Courts until now
the personal representative is apparently in the same
position as any other person claiming title by possession.
From and after 1st January 1967 under Sections 126
and 127 of the Succession Act 1965 a person in
possession may acquire title by six years adverse
possession or, in the case of a disability, nine years. Again
this only applies in the case of the estates of persons dying
after 1st January 1967. Generally speaking a person
cannot normally be in adverse possession to his or her
spouse. There are circumstances where the possession of
a spouse may become adverse as for instance where a
husband deserts his wife who remains in possession.
Successive squatters can between them make up the
statutory period.
When it is claimed in an application that the title to
part of a Folio subject to a Land Commission prohibition
against sub-division had been acquired by possession it is
not necessary to obtain the consent of the Land
Commission if the title to the part was acquired prior to
the coming into operation of the Land Act 1975. After the
9th March 1965, Section 12 of the Land Act 1965 applies
and the consent of the Land Commission is necessary.
Where an applicant is a devisee under the will of a
registered owner and is also his personal representative
there is no adverse possession and an application under
Section 49 cannot be entertained.
Part 3 of the Rules — Dealings with Registered Property
Transfers, charge etc., should follow the forms prescribed
by the Rules. The execution of every application except
one by a solicitor and of every Instrument must be
attested: if by a blind or illiterate person it should be
verified by affidavit.
Where the transfer is executed by Attorney the power
of Attorney or office copy thereof filed in the High Court
must be produced. In cases outside the provisions of
Sections 8 and 9 of the Conveyancing Act 1882 evidence
must be produced that the grantor was alive at the date of
execution of the transfer and the power has not been
revoked.
Rule 56 prescribes the plan which is required when
there is a transfer of part. Unless the part is already
clearly defined on the Registry Map i.e. if it has a separate
Land Registry plan number it must be shown on the
current largest scale map published by the Ordnance
Survey (Land Registry Copy Maps are acceptable if on
the largest scale). This Rule repeats Rules going back to
1937 which prescribed the map required. To facilitate
applicants and solicitors and to expedite registration
maps have over the years been accepted when their effect
could be entered on the office sheets even where they did
not strictly come within the Rules. Increasing difficulties
in mapping with the proliferation of photocopiers,
boundary conflicts and other troubles forced the stricter
application of the Rule.
The covering statement which is to accompany every
application or Instrument lodged in the Registry is
prescribed by Rule 58. It may be in Form 17. It is
important that this form should be fully filled up. Very
often the names of all the parties are not given, or the
Land Certificate is not referred to. It should be stated for
whom the solicitor acts, whether for transferor or
transferee or chargeant, or for all the parties. In the case
of the Land Certificate it should be clearly stated to
whom it is to be returned and who has had custody of it.
Frequently, where the Land Certificate is in the custody
of a third party the consent to its use for a second
application or dealing is not lodged.
Valuation for compensation
is our business
Osborne King & Megran I
Dublin 760251
Cork 21371
Galway 65261
101