The Gazette 1977

GAZE1TE

DECEMBER1977

Correspondence

5. It is NOT necessary to procure a copy map from the Land Registry. A plan of the part transferred edged in red and drawn on the current largest scale map for the area published by the Ordnance Survey will suffice. The map should be prepared—so as to comply with the Land Registry requirements as to maps lodged for registration—by a suitably qualified person, viz. a Land Surveyor or Engineer or Architect, who should sign and date the map when completed. The plot being transferred should be marked "B" on the map. 6. The general consent procedure is NOT applicable to a holding proposed to be subdivided to which any of the following circumstances is referable viz. (i) where the owner or his Solicitor has received any communication from the Land Commission about proceedings for acquisition under the Land Acts of the whole or part of the holding; where the severance of a plot would lead to the situation where the balance of the holding—excluding any land held in undivided commonage shares—would be less than five acres in extent; this limitation will not apply to holdings which are not subject to land purchase t annuity or land reclamation annuity; (iii) where subdivisions in excess of five out of the one holding are attempted/effected under this general consent procedure; this limitation will not apply to holdings which are not subject to land purchase annuity or land reclamation annuity. Multiple subdivisions under this general consent are conditional on the severed plots being transferred to different parties; (iv) where the severed plot contains any existing buildings other than (a) old buildings which are uninhabited and unused, or (b) a building or buildings newly erected or in course of erection pursuant to the current subdivision transaction; where the holding to be subdivided comprises a Land Commission Trust Scheme (pasturage and/or tillage, sportsfield, playground, etc.), set up pursuant to Sections 4 and 20, Irish Land Act, 1903, as extended by Section 30, Land Act, 1950; (vi) where the holding to be subdivided is a registered holding which has been involved in exchange or partial exchange proceedings with the Land Commission and where the exchanged lands are awaiting revesting. The transfer document MUST contain a certificate covering items (i) to (vi) inclusive (see Note below); by arrangement with the Land Commission, the Land Registry will NOT register any transfers lodged pursuant to the general consent procedure which do not contain this certificate. Instead, the documents will be returned unregistered. Responsibility for the accuracy of the certificate herein rests with the parties to the subdivision. In all this, it will be appreciated that if any purported subdivision— (a) is not properly authorised by this general consent, or (b) is not authorised by a particular consent, then the transaction is void (Section 12(3), Land Act, 1965). 7. Where subdivision of holdings falling into categories (v) or (vi) of Paragraph 6 is contemplated, it is essential that the owner or his Solicitor should, as a first step, communicate with the Land Commission in order to establish the position and to be advised of the special procedures appropriate to these categories of holdings. 8. In circumstances where a deed of transfer is lodged in the Land Registry in the belief that the case is covered by this general consent procedure and is found to be not so covered, registration will be refused and the deed will be returned to the Solicitor. 9. Where deeds are returned unregistered by the Land Registry (paragraphs 6 and 8), it will be open to the Solicitor, at that stage, to apply to the Land Commission for particular consent to subdivision in the normal way. If consent is forthcoming, it will operate to validate the dealing with retrospective effect as to the required subdivision consent—as provided for in Section 12 (3), Land Act, 1965. 10. This general consent procedure will remain operative until it is revoked by the Land Commission. 8 December, 1977. NOTE: The certificate stipulated in paragraph 6 above should be in the following form: "It is hereby certified that Folio No. County herein is not affected by any of the circumstances listed in paragraph 6 of the general consent dated 8 December, 1977 (S.R. 13/7/77)." (ii) (v)

Land Commission, Upper Merrion Street, Dublin 2. 7 December, 1977

Mr. James J. Ivers, Director General, The Incorporated Law Society of Ireland.

GENERAL CONSENT FOR SMALL SUBDIVISIONS

Dear Mr. Ivers, I refer to your letter of 15th May 1975 wherein you suggested the issue of a general consent for small subdivisions. As arranged in our brief phone conversation of 5th instant I enclose some copies of the new general Consent dated 8th December 1977 for the purposes of your office. Copies are also being sent, of coursee, to the Land Registry for the purposes of that office.

Yours sincerely,

P. Sammon

DEPARTMENT OF AGRICULTURE LAND COMMISSION Subdivision control—Section 12, Land Act, 1965 General consent to the subdivision of registered agricultural holdings where the severed plots do not exceed one acre in size 1. In conjunction with the Land Registry, a revised procedure based on a general consent to certain subdivision transactions involving registered Agricultural holdings has been settled by the Land Commission. The operation of this new procedure—hereinafter referred to as the general consent procedure—is described in paragraphs 2 to 10 below. 2. With the exception of cases of the types specified in paragraph 6 the Land Commission have decided to give their general consent to the subdivision of registered agricultural holdings where the severed plots do not exceed one acre in size. Each transaction covered by this general consent is subject to the following conditions viz. (i) the purchaser of the severed plot must be a qualified person within the meaning of Section 45, Land Act, 1965, and must be so certified in the relevant deed of transfer; the severed plot will, in all cases, be discharged from payment of land purchase annuity and land reclamation annuity. The balance of the holding will remain charged with repayment of the entire annuity as payable out of the holding immediately prior to subdivision. In any case where this general consent procedure is inapplicable, application for particular consent should be made to the Land Commission as heretofore. 3. The general consent procedure does not imply that planning permission for development will be forthcoming in any case. If development is contemplated, application for planning permission should be made to the appropriate Planning Authority. 4. Henceforth, following disposal of portion of a holding pursuant to this general consent procedure, the transfer documents should be lodged in the Land Registry for registration. It is NOT necessary to send a copy of this general consent to the Land Registry in any particular transaction. 182 (ii)