Registration of Title Act 1964


Number 16 of 1964


REGISTRATION OF TITLE ACT 1964

REVISED

Updated to 4 April 2018


This Revised Act is an administrative consolidation of the Registration of Title Act 1964. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Telecommunications Services (Ducting and Cables) Act 2018 (4/2017), enacted 4 April 2018, and all statutory instruments up to and including Taxes Consolidation Act 1997 (Section 960EA) (Revocation) Regulations 2018 (S.I. No. 109 of 2018), made 4 April 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 16 of 1964


REGISTRATION OF TITLE ACT 1964

REVISED

Updated to 4 April 2018


Introduction

The Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Registration of Deeds and Titles Acts 1964 and 2006: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Registration of Deeds and Title Act 2006 (12/2006), s. 1(2)). The Acts in this group are:

Registration of Title Act 1964 (16/1964)

Registration of Deeds and Title Act 2006 (12/2006), other than ss. 76 and 77

The Registration of Title (Amendment) Act 1997 (35/1997), s. 3(2) provides that it is to be construed as one with the Registration of Title Act 1964.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1987, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Telecommunications Services (Ducting and Cables) Act 2018 (4/2018)

Minerals Development Act 2017 (23/2017)

Energy Act 2016 (12/2016)

Housing (Miscellaneous Provisions) Act 2014 (21/2014)

Land and Conveyancing Law Reform Act 2013 (30/2013)

Credit Central Bank and Credit Institutions (Resolution) Act 2011 (27/2011)

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011)

Credit Institutions (Stabilisation) Act 2010 (36/2010)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

National Asset Management Agency Act 2009 (34/2009)

Land and Conveyancing Law Reform Act 2009 (27/2009)

Housing (Miscellaneous Provisions) Act 2009 (22/2009)

Registration of Deeds and Title Act 2006 (12/2006)

Land Act 2005 (24/2005)

Civil Liability and Courts Act 2004 (31/2004)

Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004)

Capital Acquisitions Tax Consolidation Act 2003 (1/2003)

Asset Covered Securities Act 2001 (47/2001)

ACC Bank Act 2001 (12/2001)

Trustee Savings Banks (Amendment) Act 2001 (6/2001)

Wildlife (Amendment) Act 2000 (38/2000)

Gas (Amendment) Act 2000 (26/2000)

Registration of Title (Amendment) Act 1997 (35/1997)

Finance Act 1994 (13/1994)

Local Government Act 1994 (8/1994)

Finance Act 1993 (13/1993)

Housing (Miscellaneous Provisions) Act 1992 (18/1992)

Courts Act 1994 (20/1991)

Trustee Savings Banks Act 1989 (21/1989)

Building Societies Act 1989 (17/1989)

Farm Tax Act 1985 (17/1985)

Finance Act 1983 (15/1983)

Landlord and Tenant (Ground Rents) (No. 2) Act 1978 (16/1978)

Agricultural Credit Act 1978 (2/1978)

Wildlife Act 1976 (39/1976)

Gas Act 1976 (30/1976)

Family Home Protection Act 1976 (27/1976)

Capital Acquisitions Tax Act 1976 (8/1976)

Central Bank Act 1971 (24/1971)

Succession Act 1965 (27/1965)

Land Act 1965 (2/1965)

All Acts up to and including Telecommunications Services (Ducting and Cables) Act 2018 (4/2018), enacted 4 April 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Property Registration Authority (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 574 of 2017)

European Union (Bank Recovery and Resolution) Regulations 2015 (S.I. No. 289 of 2013)

Land Registration Rules 2013 (S.I. No. 389 of 2013)

Land Registration Rules 2012 (S.I. No. 483 of 2012)

European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011)

Land Registration Rules 2011 (S.I. No. 559 of 2011)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Registration of Title Act 1964 (Compulsory Registration of Ownership) (Cork and Dublin) Order 2010 (S.I. No. 516 of 2010)

Land Registration (No. 2) Rules 2009 (S.I. No. 456 of 2009)

Land Registration Rules 2009 (S.I. No. 349 of 2009)

Registration of Title Act 1964 (Compulsory Registration of Ownership) (Cavan, Donegal, Galway, Kerry, Kildare, Leitrim, Limerick, Mayo, Monaghan, North Tipperary, Offaly, South Tipperary and Waterford) Order 2009 (S.I. No. 176 of 2009)

Land Registration Rules 2008 (S.I. No. 326 of 2008)

Registration of Title Act 1964 (Compulsory Registration of Ownership) (Clare, Kilkenny, Louth, Sligo, Wexford and Wicklow) Order 2008 (S.I. No. 81 of 2008)

Land Registration Rules 2007 (S.I. No. 568 of 2007)

Land Registration Rules 2006 (S.I. No. 558 of 2006)

Land Registration Rules 2005 (S.I. No. 643 of 2005)

Registration of Title Act 1964 (Compulsory Registration of Ownership) (Longford, Roscommon and Westmeath) Order 2005 (S.I. No. 605 of 2005)

European Communities (Personal Insolvency) Regulations 2002 (S.I. No. 334 of 2002)

Trustee Savings Banks Act 1989 (Section 57) (TSB Bank) Order 2001 (S.I. No. 175 of 2001)

Land Registration Rules 2000 (S.I. No. 175 of 2000)

Land Registration (Fees) Order 1999 (S.I. No. 343 of 1999)

Registration of Title Act, 1964 (Central Office) Order 1997 (S.I. No. 340 of 1997)

Land Registration (Fees) Order 1991 (S.I. No. 363 of 1991)

Land Registration Fees Order 1987 (S.I. No. 249 of 1987)

Land Registration Rules 1986 (S.I. No. 310 of 1986)

Land Registration Fees Order 1983 (S.I. No. 388 of 1983)

Land Registration Fees Order 1981 (S.I. No. 370 of 1981)

Land Registration Rules 1981 (S.I. No. 258 of 1981)

Land Registration Fees Order 1980 (S.I. No. 255 of 1980)

Land Registration Fees (No. 2) Order 1978 (S. I. No. 74 of 1978)

Land Registration Fees Order 1978 (S.I. No. 40 of 1978)

Land Registration Rules 1977 (S.I. No. 89 of 1977)

Land Registration Rules 1975 (S.I. No. 246 of 1975)

Land Registration Fees Order 1974 (S.I. No. 315 of 1974)

Land Registry and Registry of Deeds (Hours of Business) (Amendment) Order 1973 (S.I. No. 358 of 1973)

Land Registration Rules 1972 (S.I. No. 230 of 1972)

Land Registration (Solicitors’ Costs) Rules 1970 (S.I. No. 28 of 1971)

Compulsory Registration of Ownership (Carlow, Laoighis and Meath) Order 1969 (S.I. No. 87 of 1969)

Land Registry and Registry of Deeds (Hours of Business) (Amendment) Order 1967 (S.I. No. 75 of 1967)

Land Registration Fees (No. 2) Order 1966 (S. I. No. 276 of 1966)

Land Registration Rules 1966 (S. I. No. 266 of 1966)

Registration of Title Act, 1964 (Commencement) Order 1966 (S. I. No. 167 of 1966)

Land Registry and Registry of Deeds (Hours of Business) Order 1964 (S. I. No. 164 of 1964)

All statutory instruments up to and including Taxes Consolidation Act 1997 (Section 960EA) (Revocation) Regulations 2018 (S.I. No. 109 of 2018), made 4 April 2018, were considered in the preparation of this revision.


Number 16 of 1964


REGISTRATION OF TITLE ACT 1964

REVISED

Updated to 4 April 2018


ARRANGEMENT OF SECTIONS

PART I

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, the Authority and Jurisdiction

7.

Land Registry.

8.

Registers of ownership.

9.

The Authority.

10.

Local registrars.

11.

Relations of the Authority and local registrars.

12.

Officers of central and local offices.

13.

Exercise of powers of the Authority.

14.

Fees.

15.

Official seals.

16.

Powers of the Authority.

17.

Proceedings by and against the Authority.

18.

The court.

19.

Appeal and reference to the court.

20.

Enforcement by High Court of order of the Authority.

21.

The Authority to obey order of court.

22.

Power of court in action for specific performance.

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.

49A.

Registration of easements and profits à prendre in certain cases.

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.

Registry maps.

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 of certain applications for registration.

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 the 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.

124A.

Evidence in proceedings.

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.


Number 16 of 1964.


REGISTRATION OF TITLE ACT 1964

REVISED

Updated to 4 April 2018


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

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

Prospective affecting provisions: application of collectively cited Registration of Deeds and Title Acts 1964 and 2006 restricted by Minerals Development Act 2017 (23/2017), ss. 112(5) and 149(4), not commenced as of date of revision.

Mining facilities acquisition order

112. ....

(3) On the making of a mining facilities acquisition order for the purpose of acquiring an ancillary surface right, the right is vested in the Minister on behalf of the State.

(4) On the making of a mining facilities acquisition order for the purpose of acquiring an estate or interest in land, the estate or interest is vested in the licensee.

(5) Notwithstanding the Registration of Deeds and Title Acts 1964 and 2006, the vesting of an ancillary surface right, estate or interest under subsections (3) and (4) that affects registered land occurs when the order is made.

...

Rehabilitation acquisition order

149. ...

(3) On the making of a rehabilitation acquisition order for the purpose of acquiring an estate or interest in land, the estate or interest is vested in the Minister on behalf of the State.

(4) The vesting of an estate or interest under subsection (3) that affects registered land occurs when the order is made notwithstanding the provisions of the Registration of Deeds and Title Acts 1964 and 2006.

...

C2

Application of Act extended (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 26(8), S.I. No. 482 of 2015.

Charging order

26. ...

(8) A charging order affecting a house which is registered land within the meaning of the Registration of Title Act 1964 shall be registrable as a burden affecting such land whether the person named in the order as the owner of the land is or is not registered under that Act as the owner of the land.

C3

Application of collectively cited Registration of Deeds and Title Acts 1964 and 2006 restricted (15.07.2015) by European Union (Bank Recovery and Resolution) Regulations 2015 (S.I. No. 289 of 2015), reg. 76, in effect as per reg. 1(2).

Effect of transfer by resolution order in relation to securities.

76. (1) On and after a transfer under a resolution order or a capital instruments order, or a transfer having effect in the State in accordance with Regulation 126 in relation to property referred to in paragraph (3)(d) or (e) of Regulation 75, or a security referred to in subparagraph (f) of that paragraph, transferred by the relevant order or in accordance with Regulation 126—

(a) notwithstanding any provision of an Act referred to in paragraph (2) or any other Act that provides for the registration of assets or security, or any details of assets or security, a recipient is not required to become registered as owner of the security,

(b) notwithstanding sections 62 and 64 of the Registration of Title Act 1964 (No. 16 of 1964), a recipient has, in relation to any charge that is or is part of such a security, the powers of a mortgagee under a mortgage by deed, even though the recipient is not registered as owner of the charge,

(c) the recipient has the powers and rights conferred on the registered owner of a charge by the Registration of Title Act 1964, and

(d) where the resolution order effects an extension of, or in relation to the security so as to include future advances by or future liabilities to the recipient, the extension or inclusion need not be registered under any Act referred to in paragraph (2) under which it would otherwise be required to be registered but operates for the purposes of those Acts as if made by deed duly registered under that Act on the time of the transfer.

(2) The Acts referred to in paragraph (1)(a) and (d) are the following: ...

(d) the Registration of Deeds and Title Acts 1964 and 2006;

...

C4

Application of collectively cited Registration of Deeds and Titles Acts 1964 and 2006 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

SECOND SCHEDULE

...

Registration of Deeds and Title Acts 1964 and 2006

...

C5

Application of collectively cited Registration of Deeds and Titles Acts 1964 and 2006 restricted (28.10.2011) by Credit Central Bank and Credit Institutions (Resolution) Act 2011 (27/2011), s. 50(1)(a), (d) and (2), S.I. No. 548 of 2011.

Effect of transfer order in relation to securities.

50.— (1) On and after the transfer of assets and liabilities under a transfer order, in relation to property referred to in paragraph (d) or (e) of subsection (4) of section 49 or a security referred to in paragraph (f) of that subsection, transferred by the order—

(a) notwithstanding any provision of an Act referred to in subsection (2) or any other Act that provides for the registration of assets or security, or any details of assets or security, a transferee is not required to become registered as owner of the security,

...

(c) the transferee has the powers and rights conferred on the registered owner of a charge by the Registration of Title Act 1964 , and

(d) if the transfer order effects an extension of or in relation to the security so as to include future advances by or future liabilities to the transferee, the extension need not be registered under any Act referred to in subsection (2) under which it would otherwise be required to be registered, but operates for the purposes of those Acts as if made by deed duly registered under that Act on the time of the transfer.

(2) The Acts referred to in paragraphs (a) and (d) of subsection (1) are the following: ...

(d) the Registration of Deeds and Title Acts 1964 and 2006;

...

C6

Application of collectively cited Registration of Deeds and Titles Acts 1964 and 2006 restricted (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010), s. 40(1)(a), (d) and (2), S.I. No. 623 of 2010.

Effect of transfer order in relation to securities.

40.— (1) On and after the transfer of assets and liabilities under a transfer order, in relation to property referred to in paragraph (d) or (e) of section 39 (4) or a security referred to in paragraph (f) of that section, transferred by the order—

(a) notwithstanding any provision of an Act listed in subsection (2) or any other Act that provides for the registration of assets or security, or any details of assets or security, a transferee is not required to become registered as owner of the security,

...

(d) where the transfer order effects an extension of or in relation to the security so as to include future advances by or future liabilities to the transferee, the extension need not be registered under any Act listed in subsection (2) under which it would otherwise be required to be registered, but operates for the purposes of those Acts as if made by deed duly registered under that Act on the date of transfer.

(2) The Acts referred to in paragraphs (a) and (d) of subsection (1) are the following:

...

(d) the Registration of Deeds and Title Acts 1964 and 2006;

...

C7

Application of collectively cited Registration of Deeds and Titles Acts 1964 and 2006 restricted (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 107(1)(c), S.I. No. 545 of 2009.

NAMA not required to register certain instruments, etc.

107.— (1) Where a bank asset has been acquired by NAMA or a NAMA group entity—

(a) notwithstanding anything in any Act listed in subsection (2) or any other Act that provides for the registration of assets, security or details of them, NAMA or the NAMA group entity is not required to become registered as owner of any security that is part of the bank asset,

(b) notwithstanding sections 62 and 64 of the Registration of Title Act 1964, NAMA or the NAMA group entity has, in relation to any such charge, the powers of a mortgagee under a mortgage by deed, even though NAMA or the NAMA group entity is not registered as owner of any such charge,

(c) NAMA or the NAMA group entity has the powers and rights conferred on the registered owner of a charge by the Registration of Title Act 1964.

(2) The Acts referred to subsection (1) (a) are the following: ...

(d) the Registration of Deeds and Title Acts 1964 and 2006;

...

C8

Application of Act restricted (21.02.2003) by Capital Acquisitions Tax Consolidation Act 2003 (1/2003), s. 62(2), commenced on enactment, as amended (4.11.2006) by Finance Act 2008 (3/2008), s. 128(1)(b), commenced as per subs. (2).

Certificate relating to registration of title based on possession.

62.— ...

(2) A person shall not be registered as owner of property in a register of ownership maintained under the Act of 1964 on foot of an application made to the [Authority ] on or after the date of the passing of this Act which is—

(a) based on possession, and

(b) made under the Rules of 1972, or any other rule made for carrying into effect the objects of the Act of 1964,

unless the applicant produces to the [Authority ] a certificate issued by the Commissioners to the effect that the Commissioners are satisfied—

(i) that the property did not become charged with gift tax or inheritance tax during the relevant period, or

(ii) that any charge for gift tax or inheritance tax to which the property became subject during that period has been discharged, or will (to the extent that it has not been discharged) be discharged within a time considered by the Commissioners to be reasonable.

...

C9

Application of Act modified (22.03.2002) by Asset Covered Securities Act 2001 (47/2001), s. 58(10), S.I. No. 94 of 2002.

Transfer of business or assets from one credit institution to another.

58.— ...

(10) A transfer of an asset under this section, whether specifically or as part of a transfer of a business, does not need to be registered under the Registration of Deeds Act, 1707, the Bills of Sale (Ireland) Acts, 1879 and 1883, the Companies Act, 1963, the Registration of Title Act, 1964, and any other Act that provides for the registration of assets or details of them. For the purposes of any of those Acts that would apply to it but for this subsection, such a transfer has effect as a deed registered on the date on which it took effect.

...

C10

Application of Act restricted (20.04.2001) by Trustee Savings Banks Act 1989 (Section 57) (TSB Bank) Order 2001 (S.I. No. 175 of 2001), reg. 5(e).

CONSEQUENTIAL PROVISIONS

5. The following shall have effect with effect from the transfer date— ...

(e) a security held by TSB Bank as security for a debt or other liability to TSB Bank incurred before the transfer date shall be available to the transferee as security for the discharge of that debt or liability and where the security extends to future or prospective debts or liabilities, shall be available as security for the discharge of debts or liabilities to the transferee incurred on or after the transfer date and in relation to a security, the transferee shall be entitled to all the rights and priorities (howsoever arising) and shall be subject to all liabilities to which TSB Bank would have been entitled or subject to if TSB Bank had not been reorganised into the transferee, and in relation thereto the following provisions shall have effect;

(i) the transfer of any such security effected or deemed to have been effected by this Order shall not require registration under or in pursuance of the Registration of Deeds Act, 1707, the Registration of Title Act, 1964, or section 99 of the Act of 1963, but shall operate for the purposes of those Acts as if it were made by deed duly registered on the transfer date under or in pursuance of whichever of those Acts may be applicable thereto;

(ii) to the extent that this Order effects an extension of or in relation to any such security so as to include future advances or future liabilities to the transferee, such extension shall not require registration under or in pursuance of the Registration of Deeds Act, 1707, the Bills of Sale (Ireland) Acts, 1879 and 1883, the Registration of Title Act, 1964, or section 99 of the Act of 1963, but shall operate for the purposes of those Acts as if it were made by deed duly registered on the transfer date under or in pursuance of whichever of those Acts may be applicable thereto;

...

C11

Application of Act restricted by Trustee Savings Banks Act 1989 (21/1989), s. 57(12)(e), (13)(b)-(c), and (14), as substituted (28.03.2001) by Trustee Savings Banks (Amendment) Act 2001 (6/2001), s. 1, commenced on enactment.

Authorisation by Minister for Finance of reorganisation of trustee savings banks into companies.

57.— ...

(12) An order may include provisions to the effect that— ...

(e) a security held by a bank as security for a debt or other liability to the bank incurred before the transfer date shall be available to the relevant company as security for the discharge of that debt or liability and where the security extends to future or prospective debts or liabilities, shall be available as security for the discharge of debts or liabilities to the relevant company incurred on or after the transfer date and in relation to a security, the relevant company shall be entitled to all the rights and priorities (howsoever arising) and shall be subject to all liabilities to which the bank would have been entitled or subject to if the bank had not been reorganised into the relevant company, and in relation thereto the following provisions shall have effect—

(i) the transfer of any such security effected or deemed to have been effected by an order shall not require registration under or in pursuance of the Registration of Deeds Act, 1707, the Registration of Title Act, 1964, or section 99 of the Act of 1963, but shall operate for the purposes of those Acts as if it were made by deed duly registered on the transfer date under or in pursuance of whichever of those Acts may be applicable thereto,

(ii) where an order effects an extension of or in relation to any such security so as to include future advances or future liabilities to the relevant company such extension shall not require registration under or in pursuance of the Registration of Deeds Act, 1707, the Bills of Sale (Ireland) Acts, 1879 and 1883, the Registration of Title Act, 1964, or section 99 of the Act of 1963, but shall operate for the purposes of those Acts as if it were made by deed duly registered on the transfer date under or in pursuance of whichever of those Acts may be applicable thereto;

...

(13) ...

(b) An order insofar as it provides for the transfer of any property (whether real or personal) or any agreement or deed made pursuant to an order shall not require registration under or in pursuance of the Registration of Deeds Act, 1707, the Registration of Title Act, 1964, section 99 of the Act of 1963 or any other Act, but shall operate for the purposes of those Acts as if the transfer of any property concerned were made by deed duly registered on the transfer date under or in pursuance of whichever of those Acts may be applicable thereto, and subject, where necessary, to a transfer in the books of any bank, corporation or company, the property so transferred shall become the property of and be absolutely vested in the relevant company for all the estate, term or interest for which the same immediately before such transfer was vested in or belonged to or was held in trust for the relevant owner.

(c) An order or any agreement or deed made pursuant to an order may, at the option of the relevant company be registered pursuant to the provisions of the Registration of Deeds Act, 1707, the Registration of Title Act, 1964, section 99 of the Act of 1963 or any other Act.

(14) Without prejudice to the foregoing, an order may make provision for such other matters including the vesting in the relevant company of all or part of the business, property, rights and liabilities of the bank concerned (including deposits in the bank concerned and the liabilities referable thereto) and adaptation and modification, as respects the relevant company of statutes and instruments made under statute as the Minister considers necessary or expedient for the purposes of the reorganisation concerned and for enabling any such reorganisation to have full effect.

...

C12

Application of Act restricted (11.04.1994) by Finance Act 1994 (13/1994), s. 146(1), commenced as per subs. (1), as amended (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 4(2), S.I. No. 511 of 2006.

Certificate relating to registration of title based on possession.

146.—(1) After the passing of this Act a person shall not be registered as owner of property in a register of ownership maintained under the Act of 1964 on foot of an application made to the [Authority ] on or after the 11th day of April, 1994, which is—

(a) based on possession, and

(b) made under the Rules of 1972, or any other rule made for carrying into effect the objects of the Act of 1964,

unless the applicant produces to the [Authority ] a certificate issued by the Commissioners to the effect that the Commissioners are satisfied—

(i) that the property did not become charged with gift tax or inheritance tax during the relevant period, or

(ii) that any charge for gift tax or inheritance tax to which the property became subject during that period has been discharged, or will (to the extent that it has not been discharged) be discharged within a time considered by the Commissioners to be reasonable.

...

C13

Application of Act restricted (1.02.1990) by Trustee Savings Banks Act 1989 (21/1989), s. 51, S.I. No. 21 of 1990 as amended (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010), s. 73 and sch. 1 part 3 item 9, S.I. No. 623 of 2010.

Rights and obligations in relation to transferred securities.

51.—The amalgamated bank shall, in relation to [any property transferred in accordance with or by virtue of the provisions of section 34A or ] any security transferred or deemed to have been transferred to the amalgamated bank in accordance with or by virtue of the provisions of section 50 and the moneys thereby secured in accordance with those provisions, be entitled to the same rights and priorities and subject to the same obligations and incidents as the bank concerned would have been entitled and subject to if the security had continued to be held by the bank concerned, and in relation thereto the following provisions shall have effect:

(a) the transfer of any such security effected or deemed to be effected by section 50 shall not require registration under or in pursuance of the Registration of Deeds Act, 1707, the pre-Union Irish statute 33 Geo. 2, c. 14 (Ir.), the Registration of Title Act, 1964, or section 99 of the Act of 1963, but shall operate for the purposes of those Acts as if it were made by deed duly registered on the amalgamation day under or in pursuance of whichever of those Acts may be applicable thereto;

(b) where section 50 effects an extension of or in relation to any such security so as to include future advances by or future liabilities to the amalgamated bank, such extension shall not require registration under or in pursuance of the Registration of Deeds Act, 1707, the Bills of Sale (Ireland) Acts, 1879 and 1883, the Registration of Title Act, 1964, or section 99 of the Act of 1963, but shall operate for the purposes of those Acts as if it were made by deed duly registered on the amalgamation day under or in pursuance of whichever of those Acts may be applicable thereto.

C14

Application of Act restricted (1.09.1971) by Central Bank Act 1971 (24/1971), s. 36, S.I. No. 228 of 1971, as amended (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010), s. 73 and sch. 1 part 3 item 9, S.I. No. 623 of 2010.

Rights and obligations in relation to transferred securities.

36.—The transferee shall, in relation to [any property transferred in accordance with or by virtue of the provisions of section 34A or ] any security transferred or deemed to have been transferred to the transferee in accordance with J or by virtue of the provisions of section 35 of this Act and the moneys thereby secured in accordance with those provisions, be entitled to the same rights and priorities and subject to the same obligations and incidents as the transferor would have been entitled and subject to if the same had continued to be held by the transferor, and in relation thereto the following provisions shall have effect—

(a) the transfer of any such security effected or deemed to be effected by section 35 of this Act shall not require registration under or in pursuance of the Registration of Deeds Act, 1707, the pre-Union Irish statute 33 Geo. 2, c. 14 (Ir.), the Registration of Title Act, 1964, or section 99 of the Companies Act, 1963, but shall operate for the purposes of those Acts as if it were made by deed duly registered on the transfer date under or in pursuance of whichever of those Acts may be applicable thereto;

(b) where section 35 of this Act effects an extension of or in relation to any such security so as to include future advances by or future liabilities to the transferee, such extension shall not require registration under or in pursuance of the Registration of Deeds Act, 1707, the Bills of sale (Ireland) Acts, 1879 and 1883, the Registration of Title Act, 1964, or section 99 of the Companies Act, 1963, but shall operate for the purposes of those Acts as if it were made by deed duly registered on the transfer date under or in pursuance of whichever of those Acts may be applicable thereto.

Editorial Notes:

E1

Previous affecting provision: application of Act modified (2.10.1972) by Land Registration Rules 1972 (S.I. No. 230 of 1972), rls. 226-227; revoked (rescinded) (1.02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012), rule 1, in force as per rule.