145 / 264
GAZETTE
JULY
# Continued from page 104
Applications by telegrams or phone may also be made.
Only a solicitor may make an application by phone. If
this is done a letter must be sent the same day to the
Registrar or Local Registrar confirming the application
and enclosing the prescribed fee, plus a sum to cover the
cost of the telephone reply.
If a forgetful solicitor has not paid after a previous
phone call he may not get another search in the same
way.
Proceedings in the Registry are dealt with in the next
sixteen Rules. Under Rule 213 the Registrar may ask a
Court to interpret its Order or direct how it may be
carried out.
As regards the cancellation of registered charges on
sales where the solicitor lodges the amount at the Bank in
joint names, this is common but is normally not sufficient.
If he cannot get a Release he could proceed under
Section 5 of the Conveyancing Act of 1881 and lodge the
money in Court with the costs and expenses. In cases of
hardship and small amounts we may act differently.
SOLICITOR'S COSTS
Part VII of the Rules deals with solicitors' costs. The
Land Registration Rules Committee has been considering
the amendments necessary to the Rules in consequence of
the recent recommendations of the National Prices
Commission on the subject of Solicitors' Remuneration.
FEES
The Land Registration Fees (No. 2) Order of 1966 is the
current base on which the fees are assessed. A subsequent
Order came into operation in November 1974 dealing
only with the payment of fees as well as Land Registry
stamps. We now accept fees paid by postal order, money
order, bank draft or in cash.
The elasticity provided by the
ad valorem
fees has so
far taken care of the fact that the fixed fee items represent
less and less the actual cost of the work done in respect of
these items. If they were to be based on the work done
they would require frequent adjustments. Some revision
of fees is being considered at the moment. New fees must
be fixed in respect of the filed plan copy map and some
other adjustments are proposed. Fees are fixed by Order
of the Minister for Justice with the consent of the Minister
for Finance.
Lists of the common errors committed by Solicitors on
lodgment of Dealings and Applications were published in
the Law Society's Gazette, in two sections, the first in the
double issue of January/February 1976 which dealt with
the dealings in general, and the second in the issue for
March 1976 which dealt mainly with First Registration
applications.
In correspondence with your Society in 1971 it was
pointed out that 40% of the cases presented for
Registration were not ready to be proceeded with because
of some defect in the documents. The percentage does not
seem to have changed much since. I recommend that
these published lists should be consulted when preparing
applications for registration.
The Landlord and Tenant Bill 1977, now before the
Oireachtas has provisions about continuing covenants on
acquirement of the Fee Simple interest by a tenant whether
by transfer or on a County Registrars Vesting Certificate
and how they will affect registered property but the form
will not finally be clear until the Bill is passed by the
Oireachtas.
110
Our problems of arrears, staffing and accommodation
unfortunately remain and are inter-related.
A new system of reorganisation is about to be
implemented in the Land Registry. It is hoped that when it
is in full operation it will reduce the arrears and also the
time taken to complete registrations of all kinds.
In answer to questions raised after the lecture, Mr.
Griffith made the following points:
(1) The Register is only conclusive of the owner's title as
appearing thereon, and of any right, privilege or
burden appearing thereon.
(2) The effect of legislation and of Court decisions as to
the conclusiveness of the Register is carried out in
the Land Registry.
(3) As regards the entry of charges as burdens on the
Folio, this is normally done in one of the following
circumstances:
(a) If a charge is suddenly revealed, on an application
for conversion of Possessory Title into Absolute
Title.
(b) On a merger of the leasehold interest into the fee
simple.
In such cases, the Land Registry would not know
whether the ownership of the charge may have been
assigned since it was created, or not.
ONE-DAY CONFERENCE
CAVENDISH CONFERENCE CENTRE
New Cavandish Street, London W.l.
Friday, 28th October, 1977
organised by
The Society for Computers & Law
COMPUTERS FOR SOLICITORS
Where do we begin?
What equipment should we choose?
How can we best use it?
EXHIBITION
OF
IN -HOUSE
DI SK- BASED
INSTALLATIONS and ON-LINE BUREAUX SYSTEMS
Brochure and application form available from:
CONFERENCE ORGANISER:
Mrs. Diana Wilson, 6 Latton Close, Chilton,
Nr. DIDCOT, Oxon., OX11 OSU
Tel: Rowstock (STD code: 023 583) 433
Cost: £35.00 + £2.80 VAT for members of the Society for Com-
puters & Law, £45.00 + £3.60 VAT for non-members fully inclusive
of refreshments, lunch, etc., and printed Conference Proceedings.