Registration of Title Act 1964
Burdens which may be registered as affecting registered land.
69.—(1) There may be registered as affecting registered land any of the following burdens, namely—
(a) any incumbrance on the land existing at the time of the first registration of the land;
(b) any charge on the land duly created after the first registration of the land;
(c) any rentcharge (not being a rentcharge to which, though not registered, the land is subject under section 72) or fee farm or other perpetual rent issuing out of the land;
(d) any power to charge land with payment of money, whether created or arising before or after the first registration of the land;
(e) any trust for securing money created or arising after the first registration of the land;
(f) any lien on the land for unpaid purchase money;
(g) any lease where the term granted is for a life or lives, or is determinable on a life or lives, or exceeds twenty-one years F89[(or such other period as may be prescribed)], or where the term is for any less estate or interest but the occupation is not in accordance with the lease;
(h) any judgment or order of a court, whether existing before or after the first registration of the land;
(i) any judgment mortgage, recognizance, State bond, inquisition or lis pendens, whether existing before or after the first registration of the land;
(j) any easement, profit à prendre or mining right created by express grant or reservation after the first registration of the land;
F90[(jj) any easement or profit à prendre where the Authority is satisfied, pursuant to section 49A, that there is an entitlement to such an easement or profit à prendre;]
(k) any covenant or condition relating to the use or enjoyment of the land or of any specified portion thereof;
F91[(kk) a freehold covenant within the meaning of section 48 of the Land and Conveyancing Law Reform Act 2009;]
(l) any estate in dower;
(n) any right of the Land Commission or a local authority to lay pipe-lines for whatsoever purpose and any right ancillary thereto;
(o) a power to appoint an estate or interest in the property exercisable within a period not exceeding a life or lives in being and twenty-one years thereafter;
(p) a power of distress or entry;
(q) a right in the nature of a lien for money’s worth in or over the property for a limited period not exceeding life, such as a right of support or a right of residence (whether an exclusive right of residence or not);
(r) a burden created by statute or under a statutory power that is not one of the burdens to which, though not registered, registered land is subject under section 72;
F92[(rr) a judgment opening the proceedings referred to in Article 3(1) of Council Regulation (EC) No 1346/2000 1 of 29 May 2000 on insolvency proceedings,]
F93[(rr) an agreement under section 18 of the Wildlife Act, 1976, which provides that it shall be enforceable against persons deriving title to the relevant land under a party to the agreement;]
F94[(rrr) an order under section 18(1) of the Wildlife (Amendment) Act, 2000;]
(s) any such other matter as may be prescribed.
(2) A burden may be registered under this section on the application of the registered owner of the land or of any person entitled to or interested in the burden but, if the application is made without the concurrence of the registered owner of the land or such other person as may be prescribed, the burden shall not be registered except in pursuance of an order of the court.
(3) Any covenant or condition registered under this section may be modified or discharged by order of the court on proof to the satisfaction of the court that the covenant or condition does not run with the land, or is not capable of being enforced against the owner of the land, or that the modification or discharge thereof will be beneficial to the persons principally interested in the enforcement thereof, and may, with the consent of all persons interested in the enforcement thereof, be modified or discharged by F95[the Authority] without any such order.
(4) F95[The Authority] may, on the prescribed evidence and subject to the prescribed conditions, modify or cancel any entry under this section of a burden not being such a covenant or condition as aforesaid.
Inserted (26.05.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 59, S.I. No. 271 of 2006.
Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 42, commenced on enactment.
Inserted (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 129, S.I. No. 356 of 2009.
Inserted (2.07.2002) by European Communities (Personal Insolvency) Regulations 2002 (S.I. No. 334 of 2002), reg. 4(2), commenced on enactment.
Inserted (1.06.1977) by Wildlife Act 1976 (39/1976), s. 66. S.I. No. 154 of 1977.
Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 73, S.I. No. 371 of 2001.
Substituted (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 4(2), S.I. No. 511 of 2006.
Modifications (not altering text):
Application of section extended (1.01.2007) by Registration of Deeds and Title Act 2006 (12/2006), s. 73(3)(d), S.I. No. 511 of 2006.
Abolition of land certificates and certificates of charge.
(2) Subject to subsection (3), land certificates and certificates of charge issued before the commencement of subsection (1) and not already cancelled cease to have any force or effect on the expiration of the period of 3 years after the commencement of this subsection.
(3) The following provisions have effect during the period referred to in subsection (2): ...
(d) the lien is deemed for the purposes of section 69 of the 1964 Act to be a burden which may be registered as affecting registered land;