Registration of Title Act 1964

Effect of words of transfer.

123

123. (1) An instrument of transfer of freehold registered land without words of limitation, or any equivalent expression, shall pass the fee simple or other the whole interest which the transferor had power to transfer in the land unless a contrary intention appears in the instrument.

(2) An instrument of transfer of freehold registered land to a corporation sole by his corporate designation without the word “ successors” shall pass to the corporation the fee simple or other the whole interest which the transferor had power to transfer in the land unless a contrary intention appears in the instrument.

(3) In an instrument of transfer of registered land a resulting use or trust for the transferor shall not be implied merely by reason that the property is not expressed to be transferred to the use or benefit of the transferee.

F160 [ (4) An instrument granting, or containing a grant or reservation of, an easement or a profit à prendre out of registered freehold land without words of limitation or any equivalent expression shall pass or reserve the whole estate which the grantor had power to grant or reserve in the easement or profit à prendre .

(5) An instrument granting, or containing a grant or reservation of, an easement or a profit à prendre out of registered freehold land to a corporation sole by its corporate designation without the word successors shall pass or reserve the whole estate which the grantor had power to grant or reserve in the easement or profit à prendre.

(6) Subsections (1), (2) and (3) of this section apply only to instruments of transfer executed on or after 1 January 1967, and subsections (4) and (5) thereof apply only to F161 [ instruments ] executed after the commencement of section 70 of the Registration of Deeds and Title Act 2006. ]

Annotations:

Amendments:

F160

Substituted and inserted (26.05.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 70, S.I. No. 271 of 2006.

F161

Substituted (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 8(1) and sch. 1, S.I. No. 356 of 2009.