The Gazette 1961 - 64

LAND REGISTRATION (SOLICITORS' COSTS) RULES, 1962. S.I. No. 148 1962. WE, the Registration of Title Rules Committee, constituted pursuant to the provisions of section 73 of the Courts of Justice Act, 1936, and section 4 of the Registration of Title Act, 1942, by virtue of the powers conferred upon us by section 74 of the Courts of Justice Act, 1956, and section 94 ofthe Registration ofTitle Act, 1891, and of every other power us in this behalf enabling, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules. DATED this 8th day of August 1962. THOMAS TEEVAN (Judge of the High Court).

4- Rule 118 (6) of the 1959 Rules is hereby amended by the Substitution of the words "Part HE ofthe Second Schedule" to the Land Registra tion (Solicitors' Costs) Rules, 1962, for the words 5. Part VII of the 1959 Rules and the Schedules of costs to the 1959 Rules are hereby y 6. The remuneration of a solicitor for con- rescinded.

..

,) of

,959 Rules.

"Part HI of the Third Schedule to these Rules". Recissionof

Part vn of the -959 Rules.

andi^oas veyancing or other business with registered varied to apply, property, not being business in any action, or transacted in any court or in the chambers of any judge or master, shall be regulated by the Orders of 1884 and 1960 as varied by these Rules. Sales, purchases 7.—(i) The provisions of clause 2 (a) of the and charges. Order of 1884 shall be varied as follows: (i) Where the property has a notice of equities or posses sory title in the register that cannot be cancelled except after the examination of title prescribed by rules 36 and 37 of the 1959 Rules— (a) the remuneration of the vendor's or charger's solicitor shall be double the charges set out in Part I of Schedule I to the Order of 1884 pro vided that such title shall have been shown as would enable the purchaser or chargee to have the notice cancelled in the register; (b) the remuneration of the purchaser's or chargee's solicitor shall be double the charges set out in Part I of Schedule I to the Order of 1884 pro vided that an application to cancel the notice is made when registration of the ownership or of the charge is applied for and effect is given to the investigation of the title made on the sale or charge by the cancellation of the notice in the register. The remuneration shall cover all charges in connection with the cancellation of the notice. If cancellation of the notice in the register is not applied for and obtained, the remuneration shall be two-thirds of the foregoing remunera tion. (a) the property has a notice of equities or of posses sory title in the register that cannot be cancelled except after the examination of title prescribed by rules 36 and 37 of the 1959 Rules, and such title as would enable the purchaser or chargee to have the notice cancelled in the register shall not have been shown, or (b) the property has no notice of equities or of posses sory title or has a notice thereof that may be cancelled on an application under rule 34 or 35 of the 1959 Rules, the remuneration shall be the charges set out in Part I of Schedule I to the Order of 1884. The cancellation of a notice on an application under rule 34.or 35 of the 1959 Rules shall be deemed to be part of the business in connection with the sale, or charge, and the solicitors obtaining the cancellationshallalsobe entitled to the remuneration therefor prescribed jjy rule 9 (i) (ii) of these Rules. (ii) Where—

M. J. L. MacGOWAN FRANCIS J. LANIGAN D. L. McALLISTER I CONCUR in the making of the annexed Rules. DATED this ijth day of AUGUST 1962.

CHARLES J. HAUGHEY

Minister for Justice.

PRELIMINARY AND GENERAL *• These Rules shall come into operation on . .. _ _ ^ *• the ist day of September, 1962. 2.—(i) These Rules may be cited as the Land Registration (Solicitors' Costs) Rules, 1962.

Short title and citation.

(2) These Rules shall be read with the Land Registration Rules, 1959, and shall be deemed to be incorporated therewith, and shall, so far as inconsistent therewith, alter or amend the same. (3) These Rules and the Land Registration Rules, 1959, may be cited together as the Land Registration Rules, 1959 to 1962. Interpretation. 3. In these Rules— The expression "the Act of 1881" means the Solicitors' Remuneration Act, 1881; the expression "the Acts" means the Registration of title Acts, 1891 and 1942; the expression "the 1959 Rules" means the Land Registra tion Rules, 1959; the expression "the Order of 1884" means the Solicitors' Remuneration General Order, 1884, made pursuant to the Act of 1881 and dated the ifith day of April, 1884; the expression "the Order of 1951" means the Solicitors' Remuneration General Order, 1951, made pursuant to the Act of 1881 and dated the nth day of December, 1951. the expression "the Order of 1960" means the Solicitors' Remuneration General Order, 1960, made pursuant to the Act of 1881 and dated the jth day of August, 1960.

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