Registration of Title Act 1964

Extension of compulsory registration.

24

F37 [ 24. (1) The Minister for Justice, Equality and Law Reform, after consultation with the Authority, may by order provide that this section shall apply to

( a ) a specified area, including a local government area within the meaning of section 10 of the Local Government Act 2001,

( b ) specified land, or

( c ) specified land in such an area,

F38 [ on and after ] a specified day, not being earlier than 6 months after the making of the order.

(2) Where this section applies, the registration of ownership of the land concerned shall, if not already compulsory, become compulsory

( a ) in the case of freehold land, upon its conveyance on sale, and

( b ) in the case of a leasehold interest, upon the grant or assignment on sale of such an interest.

(2A) An order under this section may provide that the registration of ownership of land to which this section applies shall, if not already compulsory, become compulsory in the case of specified dispositions of land other than those mentioned in subsection (2) .

(2B) The Minister may by order amend or revoke an order under this section, including an order under this subsection. ]

(3) In this Part “ conveyance on sale” and “ assignment on sale” mean an instrument made on sale for money or money’s worth by virtue of which there is conferred or completed a title in respect of which an application for registration as owner may be made, and include a conveyance or assignment by way of exchange where money is paid for equality of exchange and also include any contract, agreement, condition or covenant affecting the property comprised in the conveyance or assignment and entered into or made as part of, or in association with, such conveyance or assignment.

Annotations:

Amendments:

F37

Substituted (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 53, S.I. No. 511 of 2006.

F38

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.

Modifications (not altering text):

C18

Functions transferred and references to “Department of Justice and Equality” and “Minister for Justice and Equality” construed (1.01.2018) by Property Registration Authority (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 574 of 2017), arts. 2 and 3, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Note change of Title of Minister and name of Department from Justice, Equality and Law Reform to Justice and Law Reform (2.06.2010) by Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of the functions transferred by Article 3 are transferred to the Department of Housing, Planning and Local Government.

(2) References to the Department of Justice and Equality contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Housing, Planning and Local Government.

3. (1) The functions vested in the Minister for Justice and Equality by or under–

( a) the Registration of Titles Act 1964 (No. 16 of 1964),

...

are transferred to the Minister for Housing, Planning and Local Government.

(2) References to the Minister for Justice and Equality contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Housing, Planning and Local Government.

Editorial Notes:

E19

Power pursuant to section exercised (1.06.2011) by Registration of Title Act 1964 (Compulsory Registration of Ownership) (Cork and Dublin) Order 2010 (S.I. No. 516 of 2010).

E20

Power pursuant to section exercised (1.01.2010) by 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).

E21

Power pursuant to section exercised (1.10.2008) by Registration of Title Act 1964 (Compulsory Registration of Ownership) (Clare, Kilkenny, Louth, Sligo, Wexford and Wicklow) Order 2008 (S.I. No. 81 of 2008).

E22

Provision for order under section to be laid before Houses of the Oireachtas made (26.05.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 6, S.I. No. 272 of 2006.

E23

Power pursuant to section exercised (1.04.2006) by Registration of Title Act 1964 (Compulsory Registration of Ownership) (Longford, Roscommon and Westmeath) Order 2005 (S.I. No. 605 of 2005).

E24

Power pursuant to section exercised (1.01.1970) by Compulsory Registration of Ownership (Carlow, Laoighis and Meath) Order 1969 (S.I. No. 87 of 1969).

E25

Previous affecting provision: vesting certificate deemed to be conveyance on sale for purposes of section (1.08.1978) by Landlord and Tenant (Ground Rents) (No. 2) Act 1978 (16/1978), s. 22(3), commenced as per s. 2; Part III including s. 22 ceased to have effect (1.08.1983) as per s. 18.