The Registry has produced three transfer documents, forms 9, 10 and 11. Form 9 may be used only for transfers of all the land in a folio, or folios, by the registered full owner.
- Land registry forms
- Form 9 should not be used for transfers by limited owners or personal representatives or in the case of transfers which are executed by some person on behalf of the registered owner
- Form 11 deals with transfers creating easements or other burdens which are intended to be registered, and form 10 may be used in all other cases
- Forms 10 and 11 contain instruction sheets which may be placed alongside the forms to facilitate their completion
A number of transactions require particular attention and, wherever possible, the precedents have been designed to be compatible with the transfer forms.
Transfers executed by an attorney (Rules 176 and 177)
A transfer deed which is to be executed under a Power of Attorney should be drafted in the same way as if it were to be executed by the transferor in person. (Form 9 should not be used for such transfers). It is not necessary to refer to the Power of Attorney in the deed but it is usual for the Attorney to execute the deed by writing "AB acting by his attorney CD". It will be necessary to produce the original Power of Attorney (or a certified copy) to the Registry together with evidence of its validity (Precedent 11.A).
Transfers executed by way of a mark (Rule 175)
When a document has been executed by way of a mark, it is necessary to produce evidence to satisfy the Registry that the execution is valid. This may take the form of a Solicitor's Certificate (Precedent 11.B). If no solicitor was present when the document was executed, an affidavit in similar terms by an attesting witness should be produced.
Transfers by the controller of a patient
The consent of the Master of the Office of Care and Protection should normally be endorsed on the transfer deed, and an official certified copy of the Order which appointed the controller must be produced. The transfer should follow the lines of: Precedent 11.F - Transfer by a controller of a patient.
Transfers by personal representatives (Rules 43 and 44)
The Transfer (Precedent 10.G) must be accompanied by the Grant of Representation (or an office copy) and a Certificate of Identity (Precedent 10.H). If such a transfer is voluntary, it should also be accompanied by the written consent of all interested beneficiaries and by an affidavit, sworn by an independent person, confirming that there are no other interested beneficiaries.
- Precedent 10.G - Transfer for value by personal representatives
- Precedent 10.H - Certificate of identity to accompany a transfer for value
Transfers by a charge owner as mortgagee
By virtue of Schedule 7 of the Act a transfer for valuable consideration by the registered owner of a charge leads to the automatic cancellation of that charge and any inferior charges. However, if any charge has priority to that charge eg an order charging land in respect of rates for the property, this should be released. The documents to be lodged are:
- the transfer deed - Precedent 11.E - Transfer by a registered owner of a charge in exercise of a power of sale
- releases of any prior charges
- if the mortgagee's charge is equitable (based on a deposit of the Land Certificate), a Court Order declaring the land well charged and directing the sale
- LR form 100 and the registration fee
Transfers by a trustee in bankruptcy
Where the Official Receiver or a Trustee in Bankruptcy is already registered as owner, a straightforward transfer, in whichever of the forms is appropriate, should be lodged together with LR form 100 and the registration fee. However, if the Official Receiver or Trustee has not been registered as owner, it will also be necessary to produce proof that the bankrupt's estate has vested in him (see Vesting of a bankrupt's estate in registered land).
Transfers of registered rent charges
Where the ownership of a registered rent charge has been registered in a separate folio, the registered owner of the rent charge may transfer it by a deed along the following lines:
Transfers by way of sub-sale
Where someone who has contracted to purchase land agrees to transfer it to a third party, a sub-sale may be affected by a transfer along the following lines.
Transfers reserving rights of revocation
Although such transfers have become less common, they are by no means unknown. They are normally drafted so as to take advantage of the provisions of the Statute of Uses (Ireland) 1634.
Transfers reserving rights of residence
The transfer should be in LR form 11 and both the transferor and transferee should execute the deed.
Transfers where a registered owner's name has changed
The Transfer may be prepared in the normal way, but the "Registered Owner" and the "the Transferor" should be described as "AX (formerly known as AB)". A certified copy of the registered owner's marriage certificate or the relevant Deed Poll and a certificate of identity - Precedent 11.J - Certificate of identity regarding change of name should be produced.
Transfers by a person registered as a minor, who has achieved full age
The transfer may be prepared in the normal way but a certified copy of the registered owner's birth certificate and a certificate of identity should be produced (Rule 168).
Transfers involving companies
For more information on transfers involving companies please see:
Transfers by a company in liquidation
As evidence of the liquidator's powers to deal with the land, a certified copy of the order or resolution appointing the Liquidator must be produced (Rule 166). Where the liquidator has been registered as owner of the land pursuant to a Court Order vesting the land in him the deed of transfer should, of course, be made by him.
Transfers by a receiver of a company
Where a company is in receivership, the owner of a charge on the company's property will often sell the property as mortgagee. This has the advantage of cancelling the charge and all inferior charges.
However, transfers by a receiver are by no means uncommon. Very often dealings of this type which are lodged for registration are found to contain errors and such transactions should be treated with great caution. Proof of the receiver's appointment must be produced along with the charge deed under which he was appointed, and the attention of the Registry should be drawn to the provisions of the charge deed dealing with:
- (i) the power to appoint a receiver, and
- (ii) the receiver's authority to act as attorney for the company
A transfer by a receiver does not normally cancel the charge by virtue of which he was appointed, or any subsequent charges. Where the transfer relates only to part of the land which is subject to the charge, the usual practice is for the charge owner who appointed the receiver to join as a party to the deed and to release the charge in so far as it relates to the land transferred (see Precedent 12.A below). Where the land is also affected by other charges, releases of those charges should be produced.
Transfers of part of the land in a folio
A transfer of part of the land in a folio may be in LR form 10. However, if easements or covenants are to be registered, the transfer should be in LR form 11.
There are a number of points worth noting in relation to such transfers:
- accurate mapping is extremely important (see Mapping requirements)
- ensure that the Land Purchase Annuity has terminated and that notice of termination has been produced to the Registry. If the annuity has not terminated, the consent of the Department of Agriculture, Environment and Rural Affairs should be obtained
- where a burden is registered on the folio, a release (or partial release) may be required (see Precedent 12.A below)
- if a right of residence in a dwelling house is registered on the folio, a covering letter should be lodged certifying whether or not the right affects the land being transferred
- if the title to the land is leasehold, the deed should contain either an indemnity charge or a declaration of apportionment of rent (see Transfers of registered leasehold estates)
Transfers creating easements or covenants
Such transfers should be in LR form 11, and it is good practice to prepare a counterpart for each party. Precedent 12.A may be adapted as required.
- Precedent 12.A - Transfer of part containing partial release of charge, reserving right of way and granting easements relating to a septic tank
Exchanges of land
A Deed of Exchange should be in Precedent 12.B and, where it creates easements, it is good practice to prepare the deed with two counterparts. Any owners of charges, or persons entitled to burdens, should release their interests. The documents to be lodged are:
- the Deed of Exchange and counterparts
- Precedent 12.B - Deed of exchange
- LR form 100 and the registration fee
Sub-division of the land in a folio
A registered owner of a holding of land may request that part of that land be registered in a new folio in his own name. This request may be made in a letter signed by the registered owner or his solicitor, which should refer to an attached map (ideally a copy of the Registry map) accurately identifying the portion which is to be sub-divided.
Very often such sub-divisions are sought because the registered owner intends to create a mortgage over part of the property in the folio. In these circumstances mortgagees often insist that the land in the new folio should enjoy easements over the land in the parent folio.
However, it is important to remember that a person can not grant himself an easement over his own property. This problem may be overcome by inserting a clause in the mortgage deed granting the mortgagee power, in the event of it exercising its power of sale, to create easements over the land in the parent folio, see: