Registration of Title Act, 1964

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Number 16 of 1964.

REGISTRATION OF TITLE ACT, 1964

ARRANGEMENT OF SECTIONS

Preliminary and General

Section
1.	Short title.
2.	Commencement.
3.	Interpretation.
4.	Expenses.
5.	Repeals.
6.	Continuance of existing officers, offices, registers, instruments and documents.

PART II

Land Registry, Registers, Registering Authorities and Jurisdiction

PART III

Registration of Ownership

23.	Compulsory registration.
24.	Extension of compulsory registration.
25.	Effect of failure to register where registration compulsory.
26.	Registration by Land Commission.
27.	Classes of owners who may be registered.
28.	Land certificate.
29.	Rectification on amendment of vesting order.
30.	Fraudulent dispositions and entries.
31.	Conclusiveness of register.
32.	Rectification of errors in registration.
33.	Classes of title which may be registered.
34.	Registration of burdens.
35.	Registration subject to, or free from, equities.
36.	Effect of previous registration with qualified or possessory title.
37.	Effect of registration with absolute title.
38.	Effect of registration with possessory title.
39.	Effect of registration with qualified title.
40.	Classes of title which may be registered.
41.	Registration of burdens.
42.	Previous registration with, and without, note as to lessor's title.
43.	Effect of previous registration with qualified or possessory title.
44.	Effect of registration with absolute title.
45.	Effect of registration with good leasehold title.
46.	Effect of registration with possessory title.
47.	Effect of registration with qualified title.
48.	Transfer of land from leasehold to freehold register.
49.	Registration of title acquired by possession.
50.	Conversion of registered title into absolute or good leasehold.
51.	Transfer of registered land.
52.	Effect of transfer of freehold land with absolute title.
53.	Effect of transfer of freehold land with possessory title.
54.	Effect of transfer of freehold land with qualified title.
55.	Effect of transfer of leasehold interest with absolute title.
56.	Effect of transfer of leasehold interest with good leasehold title.
57.	Effect of transfer of leasehold interest with possessory title.
58.	Effect of transfer of leasehold interest with qualified title.
59.	Saving of consent to alienation, etc.
60.	Defeasance of registered owner's estate.
61.	Transmission of registered land from limited owner and on death.
62.	Creation and effect of charge on registered land.
63.	Saving for mortgages registered as charges.
64.	Transfer of charge.
65.	Discharge of registered charge.
66.	Transmission, etc., of charge.
67.	Restriction on custody of land certificate by registered owner of a charge.
68.	Creation and effect of subordinate rights and interests.
69.	Burdens which may be registered as affecting registered land.
70.	Registration of ownership of burdens.
71.	Registration of judgment mortgages.
72.	Burdens which are without registration to affect registered land.
73.	Mines, minerals, and mining rights.
74.	Priority of registered burdens.
75.	Priority of registered charge for future advances.
76.	Power of charging to be exercised by registered charge.
77.	Powers with respect to statutory charges.
78.	Term of years vested in trustee for raising money out of registered land.
79.	Term of years vested in trustee for raising money, or mortgage, prior to first registration.
80.	Provisions as to incumbrances created or issued by company and not registered or protected.
81.	Right of residence.
82.	Note of rights appurtenant to land.
83.	Register of ownership.
84.	Ordnance Survey maps to be kept in central office.
85.	Description of registered land.
86.	Entry of boundaries in certain cases.
87.	Entry of boundaries by agreement.
88.	Settlement of boundaries on transfer.
89.	Meaning of owner of unregistered land in regard to boundaries.
90.	Powers of person entitled to be registered as owner of land or charge.
91.	Undivided shares and co-owners.
92.	Notice of trusts.
93.	Discovery of instruments and facts affecting title.
94.	Production of deeds.
95.	Deeds to be marked with notice of registration.
96.	Caution against first registration of land.
97.	Caution against registered dealings.
98.	Inhibition of registered dealings.
99.	Provisions as to limited owners.
100.	Power for trustee to apply to court for directions.
101.	Infants.
102.	Persons of unsound mind.
103.	Provisions as to bankruptcy of registered owner.
104.	Stamp duties.
105.	Certificates.
106.	Addresses and notices.
107.	Searches of registers and maps.
108.	Priority given by certificate of official search.

PART IV

Devolution on Death and Descent on Intestacy

109.	Application of Part IV.
110.	Devolution of registered land.
111.	Succession to beneficial interest in registered land on intestacy.
112.	Abolition of rules of descent in relation to registered freehold land.
113.	Saving for deaths before commencement of this Act.
114.	Meaning of “heirs”.

PART V

Miscellaneous Provisions

115.	Avoidance of certain stipulations in contracts for sale or charge of registered land.
116.	Exemption of land from registration in Registry of Deeds.
117.	Exemption from registration elsewhere of burdens registered under this Act.
118.	Indemnity of registering authority.
119.	Penalties for fraud.
120.	Compensation for error, forgery or fraud in relation to registration.
121.	Inhibition in consequence of discovery of error.
122.	Owner of land with possessory title not a trustee under Statute of Limitations, 1957.
123.	Effect of words of transfer.
124.	Power of Peace Commissioners to take affidavits.
125.	Registration of land below high-water mark.
126.	Power to make rules and orders.
127.	Saving for bona vacantia.

SCHEDULE

REPEALS

Acts Referred to
Registration of Title Act, 1891	1891, c. 66.
Irish Bankrupt and Insolvent Act, 1857	1857, c. 60.
Bankruptcy (Ireland) Amendment Act, 1872	1872, c. 58.
Debtors Act (Ireland), 1872	1872, c. 57.
Local Bankruptcy (Ireland) Act, 1888	1888, c. 44.
Landed Property Improvement (Ireland) Act, 1847	1847, c. 32.
Drainage (Ireland) Act, 1842	1842, c. 89.
Drainage and Improvement of Land (Ireland) Act, 1863	1863, c. 88.
State Property Act, 1954	1954, No. 25.
Judgment Mortgage (Ireland) Act, 1850	1850, c. 29.
Landed Property Improvement (Ireland) Act, 1847	1847, c. 32.
Irish Church Act, 1869	1869, c. 42.
Registration of Deeds Act, 1707	1707, c. 2.
Judgments (Ireland) Act, 1844	1844, c. 90.
Finance Act, 1924	1924, No. 27.
Irish Church Act, 1869	1869, c. 42.
The Public Offices Fees Act, 1879	1879, c. 58.
Land Act, 1931	1931, No. 11.
Administration of Estates Act, 1959	1959, No. 8.
Registration of Title Act, 1942	1942. No. 26.
Conveyancing Act, 1881	1881, c. 41.
Conveyancing Act, 1911	1911, c. 37.
Forestry Act, 1946	1946, No. 13.
Judgment Mortgage (Ireland) Act, 1850	1850, c. 29.
Judgment Mortgage (Ireland) Act, 1858	1858, c. 105.
Land Act, 1927	1927, No. 19.
Labourers Act, 1936	1936, No. 24.
Companies Act, 1963	1963, No. 33.
Landlord and Tenant (Ireland) Act, 1870	1870, c. 46.
Settled Land Act, 1882	1882, c. 38.
Settled Land Act, 1884	1884, c. 18.
Lunacy Regulation (Ireland) Act, 1871	1871, c. 22.
Statute of Limitations, 1957	1957, No. 6.
Foreshore Act, 1933	1933, No. 12.
Courts of Justice Act, 1936	1936, No. 48.
Record of Title (Ireland) Act, 1865	1865, s. 88.
The Registry of Deeds Office (Ireland) Holidays Act, 1883	1883, c. 20.

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Number 16 of 1964.

REGISTRATION OF TITLE ACT, 1964

AN ACT TO CONSOLIDATE WITH AMENDMENTS THE LAW RELATING TO THE REGISTRATION OF THE TITLE TO LAND. [4th July, 1964.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Registration of Title Act, 1964 Permanent Page URL

Registration of Title Act, 1964

Permanent Page URL