The Gazette 1977

JULY

GAZETTE

# 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 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. IN -HOUSE