Registration of Title Act 1964

Interpretation.

3

3. (1) In this Act, save where the context otherwise requires—

the Act of 1891” means the Registration of Title Act, 1891;

assignment on sale” has the meaning assigned to it by section 24;

F1 [ ]

F2 [ ]

conveyance” has the same meaning as in the Conveyancing Acts;

conveyance on sale” has the meaning assigned to it by section 24;

Conveyancing Acts” means the Conveyancing Acts, 1881 to 1911;

the court” has the meaning assigned to it by section 18;

disposition” includes transfer and charge;

drainage charge” includes any charge payable under the Landed Property Improvement (Ireland) Act, 1847, or under the Drainage (Ireland) Act, 1842, and also any charge payable under the Drainage and Improvement of Land (Ireland) Act, 1863, or any provisional Order under the said Act duly confirmed, or under any other Act for the improvement or drainage of lands;

existing” means existing immediately before the commencement of this Act;

fee simple” includes estates held under fee farm grants and perpetuity grants;

former crown rent” has the same meaning as in the State Property Act, 1954;

F3 [ freehold land means land the ownership of which is an estate in fee simple in possession; ]

general rules” means rules under section 126;

incumbrance” has the same meaning as in the Conveyancing Acts;

F4 [ index means an index maintained under this Act and includes, and is deemed always to have included, any index stored in electronic or other non-legible form which is capable of being converted into a permanent legible form; ]

F5 [ instrument has the meaning given to it by section 3 of the Land and Conveyancing Law Reform Act 2009; ]

F3 [ judgment mortgage means a mortgage registered by a judgment creditor pursuant to section 116 of the Land and Conveyancing Law Reform Act 2009; ]

F3 [ land has the meaning given to it by section 3 of the Land and Conveyancing Law Reform Act 2009; ]

land certificate” has the meaning assigned to it by section 28;

Land Commission” means the Irish Land Commission;

land improvement charge” includes any charge for land improvement loans payable to the Commissioners of Public Works in Ireland under the Landed Property Improvement (Ireland) Act, 1847;

Land Purchase Acts” includes F6 [ ] the Congested Districts Board (Ireland) Acts;

Land Registry” has the meaning assigned to it by section 7;

lease” means any contract of tenancy and includes an agreement for a lease;

leasehold interest” means an F3 [ estate ] in land under a lease for a term of years of which more than twenty-one F4 [ (or such other number as may be prescribed) ] are unexpired at the date of registration, not being a term for securing money, with or without a covenant for renewal, and includes an interest held at a rent under a lease for a life or lives, or determinable on a life or lives, F4 [ and the right or interest of a person who has barred, under the Statute of Limitations 1957, the right of action of a person entitled to such leasehold interest, ] and where a lease in possession and a reversionary lease to take effect in possession upon the expiry of the first-mentioned lease are so held that the interest under both leases belongs to the same person under the same right, such leases, so far as they relate to land comprised in both leases, shall be deemed to create one continuous term in possession;

F2 [ ]

F2 [ ]

mortgage” has the same meaning as in the Conveyancing Acts;

F5 [ owner includes full owner; ]

personal representative” means the executor, original or by representation, or the administrator of a deceased person;

possession” includes the receipt of the rents and profits;

prescribed” means prescribed by general rules;

F4 [ record includes any book, index or document and any information in electronic or other non legible form which is capable of being converted into a permanent legible form; ]

F7 [ register means a register maintained under this Act and includes, and is deemed always to have included, any register kept in electronic or other non-legible form which is capable of being converted into a permanent legible form; ]

registered land” means land of which an owner is or is deemed to be registered under this Act;

F2 [ ]

F8 [ the Authority ] ” means the F8 [ the Authority ];

F1 [ ]

Registry of Judgments” means the office established by the Judgments (Ireland) Act, 1844;

registry map” has the meaning assigned to it by section 84;

F4 [ registry maps means the maps referred to in section 84; ]

repealed enactments” means the Registration of Title Acts, 1891 and 1942, repealed by this Act;

right” includes estate, interest, equity and power;

F1 [ ]

F1 [ ]

State bond” means a bond entered into with any person acting on behalf of the State, including, without prejudice to the generality of the foregoing, a bond entered into with the Minister for Finance under section 39 of the Finance Act, 1924, and a Crown bond;

statutory authority” means—

( a) a Minister of State,

( b) the Land Commission,

( c) the Commissioners of Public Works in Ireland,

( d) any local or public authority, or

( e) any company or other body of persons established by or by direction of any enactment;

tithe rent charge” includes any annual sum payable to the Land Commission under section 32 of the Irish Church Act, 1869;

unregistered land” means land of which an owner is not registered or deemed to be registered under this Act;

will” includes codicil.

(2) F9 [ ]

(3) In this Act, references to any enactment shall be construed as references to that enactment as amended or extended by any other enactment, including this Act.

(4) In this Act, a reference by number to a section is to the section of this Act bearing that number unless it is indicated that a reference to some other Act is intended.

Annotations:

Amendments:

F1

Deleted (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 127(f), S.I. No. 356 of 2009.

F2

Deleted (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 50(e), S.I. No. 511 of 2006.

F3

Substituted (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 127(b)-(e), S.I. No. 356 of 2009.

F4

Inserted (26.05.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 50(a), (d)(i) and (ii), S.I. No. 271 of 2006.

F5

Inserted (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 127(a), S.I. No. 356 of 2009.

F6

Deleted (26.05.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 50(c), S.I. No. 271 of 2006.

F7

Substituted (26.05.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 50(f), S.I. No. 271 of 2006.

F8

Substituted (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 4(2), S.I. No. 511 of 2006.

F9

Repealed (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 8(3) sch. 2 part 5, S.I. No. 356 of 2009.

Editorial Notes:

E3

Previous affecting provision: definition of judgment mortgage amended (26.05.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 50(b), S.I. No. 271 of 2006; substituted as per F-note above.