Registration of Title Act 1964

Caution against first registration of land.

96

96. (1) Any person claiming such an interest in unregistered land as entitles him to object to a disposition thereof being made without his consent, or claiming to be an incumbrancer on unregistered land, may, if claiming otherwise than under an instrument registered in the Registry of Deeds, on producing an affidavit in the prescribed form of his interest, lodge a caution with F123 [ the Authority ] to the effect that the cautioner is entitled to notice of any application that may be made for registration of an owner of the land.

(2) Thereupon, an owner of the land shall not be registered until notice has been served on the cautioner to appear and oppose, if he thinks fit, the registration, and the prescribed time has elapsed since the date of the service of the notice, or the cautioner has entered an appearance, whichever first happens.

(3) If any person lodges a caution under this section without reasonable cause, he shall be liable to make compensation, recoverable as a simple contract debt, to any person damaged thereby.

Annotations:

Amendments:

F123

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):

C35

Application of section restricted (1.03.1978) by Agricultural Credit Act 1978 (2/1978), ss. 43(2) and 46, S.I. No. 49 of 1978.

Lodgement of cautions by the Corporation.

43.—(1) Any person claiming to be entitled to an estate or interest in or incumbrance on or claim against any unregistered land which is a puisne claim against the land or would become a puisne claim if a priority charge were created on the land, may (whether the instrument, if any, under which the claim arises is or is not registered in the Registry of Deeds) lodge under section 96 of the Act of 1964 a caution against the registration against the land, on or after the first registration thereof, of any dealing with the land in favour of the Corporation to the prejudice of the claim.

(2) Where a caution is so lodged, subsection (2) of the said section 96 shall not apply to the caution but in lieu thereof the caution shall, on the first registration of the land, be entered on the folio relating to the land as a caution lodged under section 97 of the Act of 1964 and shall have effect accordingly.

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Lodgement of cautions by the Corporation.

46.—Whenever the Corporation claims to be an incumbrancer on unregistered land by virtue of an instrument registered in the Registry of Deeds, the Corporation may, notwithstanding anything to the contrary in section 96 of the Act of 1964, lodge with the registering authority a caution under that section, and when the caution is so registered the registering authority may, on the first registration of the land, register the incumbrance created by the instrument as a burden affecting the land with such priority (if any) as is given to the incumbrance by this Act or otherwise by law.