Registration of Title Act 1964

Burdens which are without registration to affect registered land.

72

72. (1) Subject to subsection (2), all registered land shall be subject to such of the following burdens as for the time being affect the land, whether those burdens are or are not registered, namely—

( a) estate duty, succession duty, former crown rents, tithe rentcharges and payments in lieu of tithe or tithe rentcharge;

( b) land improvement charges and drainage charges;

( c) annuities or rentcharges for the repayment of advances made under the provisions of any of the Land Purchase Acts on account of purchase money;

( d) rights of the Land Commission or of any person under a vesting order, vesting fiat, final list or transfer order made or published under the Land Purchase Acts;

( e) rights of the Land Commission upon the execution of an order for possession issued under section 37 of the Land Act, 1927;

( f) rights of the public or of any class of the public;

( g) customary rights, franchises and liabilities arising from tenure;

( h) easements and profits à prendre, unless they are respectively created by express grant or reservation after the first registration of the land;

F96 [ ( hh ) any wayleave which is a wayleave to which this section applies; ]

( i) tenancies created for any term not exceeding twenty-one years F97 [ (or such other period as may be prescribed) ] or for any less estate or interest, in cases where there is an occupation under such tenancies;

( j) the rights of every person in actual occupation of the land or in receipt of the rents and profits thereof, save where, upon enquiry made of such person, the rights are not disclosed;

( k) in the case of land registered with a possessory, qualified or good leasehold title, all rights excepted from the effect of registration;

( l) a perpetual yearly rent (in this section referred to as the superior rent) which is superior to another such rent (in this section referred to as the registered rent) registered as a burden on registered land and which, as between the said registered land and the registered rent, is primarily payable out of the registered rent in exoneration of such land;

( m) the covenants and conditions contained in the deed or other document creating the superior rent, in so far as those covenants and conditions affect such land;

( n) a purchase annuity payable in respect of a cottage which is the subject of a vesting order under the Labourers Act, 1936;

( o) restrictions imposed by section 21 of the Labourers Act, 1936, on the mortgaging or charging of cottages purchased under that Act;

( p) rights acquired or in course of being acquired under the Statute of Limitations, 1957;

( q) burdens to which section 59 or 73 applies.

F98 [ ( r ) covenants which continue in force by virtue of section 28 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 ]

(2) Where it is proved to the satisfaction of F99 [ the Authority ] that any land registered or about to be registered is exempt from, or has ceased to be subject to, any estate duty, succession duty, former crown rent, tithe rentcharge, payment in lieu of tithe or tithe rentcharge, land improvement charge, drainage charge or annuity or rentcharge for the repayment of any advance made on account of purchase money as hereinbefore is mentioned, F99 [ the Authority ] may enter on the register notice of the fact.

(3) Where the existence of any such burdens is proved to the satisfaction of F99 [ the Authority ], F100 [ it ] may, with the consent of the registered owner or applicant for registration, or in pursuance of an order of the court, enter notice thereof on the register.

F96 [ (4) This section applies to any wayleave on, over or beneath the surface of land which

F101 [ ( a ) pursuant to an agreement in writing is granted to or by the Irish Gas Board or a relevant person (within the meaning of section 20 of the Gas (Amendment) Act, 2000), or pursuant to an acquisition order within the meaning of the Gas Act, 1976 , is granted to that Board or such a person, and ]

F102 [ (b) is intended to be used, or is used, in providing either or both of the following:

(i) a pipeline for the transmission of gas;

(ii) ducts, cables, pipes or conduits for any other purpose where such purpose is expressed in an agreement described in paragraph (a) (whether such agreement is made before or after the coming into operation of section 33 of the Energy Act 2016),

and ]

( c ) in case the wayleave is granted under such an agreement, under the agreement it is to be enforceable against persons deriving title to the land under a party to the agreement. ]

Annotations:

Amendments:

F96

Inserted (13.09.1976) by Gas Act 1976 (30/1976), s. 43, commenced as per s. 1(2) and S.I. No. 209 of 1976.

F97

Inserted (26.05.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 60, S.I. No. 271 of 2006.

F98

Inserted (1.08.1978) by Landlord and Tenant (Ground Rents) (No. 2) Act 1978 (16/1978), s. 28(4), commenced as per s. 2.

F99

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

F100

Substituted (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 4(3), S.I. No. 511 of 2006.

F101

Substituted (10.07.2000) by Gas (Amendment) Act 2000 (26/2000), s. 22, commenced on enactment.

F102

Substituted (7.10.2016) by Energy Act 2016 (12/2006), s. 33, S.I. No. 509 of 2016.

Modifications (not altering text):

C32

Prospective affecting provision: application of section extended by Telecommunications Services (Ducting and Cables) Act 2018 (4/2018), s. 7, not commenced as of date of revision.

Application of section 72 of Registration of Title Act 1964

7. Section 72 of the Registration of Title Act 1964 shall apply to the legal interests vested in the Minister under section 3 in the same manner and to the like extent as the said section 72 applies to any other burden which affects registered land without registration.

C33

Application of section extended (21.02.2003) by Capital Acquisitions Tax Consolidation Act 2003 (1/2003), s. 113(2), commenced on enactment.

Tax, in relation to certain legislation.

113.— ...

(2) Section 72 of the Registration of Title Act 1964 shall apply as if gift tax and inheritance tax were mentioned in that Act as well as estate duty and succession duty.

C34

Application of section extended by Finance Act 1983 ( 15/1983), s. 110A(11), as inserted (17.06.1993) by Finance Act 1993 (13/1993), s. 107, commenced on enactment.

Clearance on sale of certain residential property.

110.— ...

(11) Section 72 of the Registration of Title Act, 1964, shall be construed and have effect as if there were included in subsection (1) (a) of that section a reference to residential property tax.

Editorial Notes:

E31

Previous affecting provision: application of subs. (4) extended (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 38(2)(b); revoked (19.01.2015) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 29(1)(d).

E32

Previous affecting provision: application of section extended (25.07.1985) by Farm Tax Act 1985 (17/1985), s. 21(6), commenced on enactment; repealed (1.11.1994) by Local Government Act 1994 (8/1994), s. 4(1) and sch. 1, S.I. No. 315 of 1994.

E33

Previous affecting provision: application of section extended (31.03.1976) by Capital Acquisitions Tax Act 1976 (8/1976), s. 68(2), commenced on enactment; repealed (21.02.2003) by Capital Acquisitions Tax Consolidation Act 2003 (1/2003), s. 113(2), commenced on enactment.