S.I. No. 148/1962:

LAND REGISTRATION (SOLICITORS' COSTS) RULES, 1962.

LAND REGISTRATION (SOLICITORS' COSTS) RULES, 1962.

WE, the Registration of Title Rules Committee, constituted pursuant to the provisions of section 73 of the Courts of Justice Act, 1936 , and section 4 of the Registration of Title Act, 1942 , by virtue of the powers conferred upon us by section 74 of the Courts of Justice Act, 1936 , and section 94 of the Registration of Title Act, 1891, and of every other power us in this behalf enabling, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules.

Dated this 8th day of August, 1962.

Thomas Teevan, Judge of the High Court

M. J. L. MacGowan

Francis J. Lanigan

D. L. McAllister

I concur in the making of the annexed Rules.

Dated this 13th day of August, 1962.

Charles J. Haughey,

Minister for Justice.

LAND REGISTRATION (SOLICITORS' COSTS) RULES, 1962

PRELIMINARY AND GENERAL

1. These Rules shall come into operation on the 1st day of September, 1962.

2.--(1) These Rules may be cited as the Land Registration (Solicitors' Costs) Rules, 1962.

(2) These Rules shall be read with the Land Registration Rules, 1959, and shall be deemed to be incorporated therewith, and shall, so far as inconsistent therewith, alter or amend the same.

(3) These Rules and the Land Registration Rules, 1959, may be cited together as the Land Registration Rules, 1959 to 1962.

3. In these Rules--

the expression " the Act of 1881 " means the Solicitors' Remuneration Act, 1881;

the expression " the Acts " means the Registration of Title Acts, 1891 and 1942;

the expression " the 1959 Rules " means the Land Registration Rules, 1959;

the expression " the Order of 1884 " means the Solicitors' Remuneration General Order, 1884, made pursuant to the Act of 1881 and dated the 16th day of April, 1884;

the expression " the Order of 1951 " means the Solicitors' Remuneration General Order, 1951, made pursuant to the Act of 1881 and dated the 11th day of December, 1951.

the expression " the Order of 1960 " means the Solicitors' Remuneration General Order, 1960, made pursuant to the Act of 1881 and dated the 5th day of August, 1960.

4. Rule 118 (6) of the 1959 Rules is hereby amended by the substitution of the words " Part III of the Second Schedule to the Land Registration (Solicitors' Costs) Rules, 1962 ", for the words " Part III of the Third Schedule to these Rules".

5. Part VII of the 1959 Rules and the Schedules of costs to the 1959 Rules are hereby rescinded.

6. The remuneration of a solicitor for conveyancing or other business with registered property, not being business in any action, or transacted in any court or in the chambers of any judge or master, shall be regulated by the Orders of 1884 and 1960 as varied by these Rules.

7.--(1) The provisions of clause 2 (a) of the Order of 1884 shall be varied as follows :

(i) Where the property has a notice of equities or possessory title in the register that cannot be cancelled except after the examination of title prescribed by rules 36 and 37 of the 1959 Rules--

(a) the remuneration of the vendor's or charger's solicitor shall be double the charges set out in Part I of Schedule I to the Order of 1884 provided that such title shall have been shown as would enable the purchaser or chargee to have the notice cancelled in the register;

(b) the remuneration of the purchaser's or chargee's solicitor shall be double the charges set out in Part I of Schedule 1 to the Order of 1884 provided that an application to cancel the notice is made when registration of the ownership or of the charge is applied for and effect is given to the investigation of the title made on the sale or charge by the cancellation of the notice in the register.

The remuneration shall cover all charges in connection with the cancellation of the notice. If cancellation of the notice in the register is not applied for and obtained, the remuneration shall be two-thirds of the foregoing remuneration.

(ii) Where--

(a) the property has a notice of equities or of possessory title in the register that cannot be cancelled except after the examination of title prescribed by rules 36 and 37 of the 1959 Rules, and such title as would enable the purchaser or chargee to have the notice cancelled in the register shall not have been shown, or

(b) the property has no notice of equities or of possessory title or has a notice thereof that may be cancelled on an application under rule 34 or 35 of the 1959 Rules, the remuneration shall be the charges set out in Part 1 of Schedule 1 to the Order of 1884. The cancellation of a notice on an application under rule 34 or 35 of the 1959 Rules shall be deemed to be part of the business in connection with the sale, or charge, and the solicitors obtaining the cancellation shall also be entitled to the remuneration therefor prescribed by rule 9 (1) (ii) of these Rules.

(2) In respect of all sales, purchases, or charges completed, or not completed, for which the remuneration prescribed by the foregoing provisions of this rule is not chargeable, the remuneration shall be the charges prescribed by clause 2 (c) of the Order of 1884 amended by the Order of 1960 as varied by these Rules.

8. The provisions of clause 2 (b) of the Order of 1884 shall be varied as follows :

(i) The remuneration for leases or agreements for leases at rack rent (other than mining leases or leases for building purposes or agreements for the same) shall be the charges set out in the First Schedule to these Rules.

(ii) The remuneration for conveyances in fee or for any other freehold estate reserving rent (not being a fee-farm grant under the Renewable Leasehold Conversion Act or the Church Temporalities Acts), or building leases reserving rent, or other long leases not at rack rent or agreements for the same respectively, mining leases or licences or agreements therefor shall be double the charges set out in Part II of Schedule 1 to the Order of 1884.

(iii) Rule 5 of the Rules applicable to Part II of Schedule 1 of the Order of 1884 is hereby modified so that, where the conveyance or lease is partly in consideration of a money payment or premium, the further remuneration chargeable on such payment or premium shall be ascertained as prescribed in Rule 7 of these Rules.

9.--(1) The provisions of clause 2 (c) of the Order of 1884 and the Order of 1960 shall be varied as follows :

(i) For all charges on any transfer (not being a transfer on sale) by a registered owner, or his personal representative where the property vests in the personal representative, including charges for instructions and for the drawing, engrossing, execution and completion of the instrument and any consent, affidavit, or statement required in connection therewith, and for the registration of the ownership and burdens (if any) created, and the discharge of the burdens (if any) discharged, to give effect to the transfer, the remuneration to the solicitor for the transaction completed shall be the charges set out in Part I of the Second Schedule to these Rules.

(ii) For all charges in connection with an application for the cancellation of a notice of equities or of possessory title in the register that may be cancelled on an application under rule 34 or 35 of the 1959 Rules, the remuneration to the solicitor who obtains the cancellation shall be the charges set out in Part II of the Second Schedule to these Rules.

(iii) On a transfer by a registered owner (not being a transfer on sale) and on a transmission on the death of such an owner, the cancellation in the register of a notice of equities or notice of a possessory title that may be cancelled on an application under rule 34 of the 1959 Rules shall be deemed to be part of the business of the solicitor in connection with the transfer or transmission, and, if obtained when registration under the transfer or transmission is applied for, the charge therefor prescribed in (ii) ante shall be chargeable as part of the charges for such business.

(iv) The costs of an applicant or a judgment creditor for which an order of the Registrar may issue under rule 118 (6) of the 1959 Rules in connection with an application under the said rule for the cancellation of a notice in the register of a deposit of an affidavit of judgment shall be those prescribed in Part III of the Second Schedule to these Rules. These costs shall be exclusive of any costs of or incidental to an application to the Court on a reference under rule 118 (5) of the 1959 Rules.

(2) Except as prescribed by the foregoing provisions hereof, the remuneration for business with registered property to which clause 2 (c) of the Order of 1884 applies shall be the amount of the charges prescribed by the said clause 2 (c) amended by the Order of 1960 as varied by these Rules.

10. It is hereby declared that Rule 11 of the Rules to Part I of Schedule 1 to the Order of 1884, which was rescinded by clause 3 of the Order of 1951, is also rescinded as far as the Land Registration Rules, 1959, and these Rules are concerned.

11. " Value " in the Second Schedule to these Rules means fifty times the rateable valuation of the property.

12.--(1) Costs prescribed by these Rules shall, when taxable, be taxed by a Taxing Master of the High Court and the Rules of the High Court and Supreme Court for the time being relative to taxation shall apply to such costs as if the Land Registry were an Office of the High Court.

(2) In the taxation of costs the Taxing Master shall have regard to the procedure prescribed by the Acts and these Rules and shall disallow the costs of any document or part thereof that he may consider unnecessary or prolix having regard to the prescribed form and the procedure and effect of registration under the Acts.

13. The amendments contained at paragraph 3 (d) and 4 (c) of the Order of 1960 shall not apply to registered property.

14. The following instruction fee shall be substituted for the instruction fee in the Schedule to the Order of 1960 : " Such fees for instructions as, having regard to the care and labour required, the number and lengths of the papers to be perused, and the other circumstances of the case, may be fair and reasonable".

15. In Note 6 of the Schedule to the Order of 1960 the word " later " shall be substituted for the word " earlier " in said note.

FIRST SCHEDULE

Scale of Charges as to Leases or Agreements for Leases at Rack Rent (other than Mining Leases or Leases for Building Purposes or Agreements for the same)

SECOND SCHEDULE

PART I

Scale of Charges for Transfer (except a Transfer on Sale) by a Registered Owner, or his Personal Representative

PART II

Scale of Charges for Applications under rule 34 or 35 of the 1959 Rules

PART III

Costs payable under rule 118 (6) of the 1959 Rules

EXPLANATORY NOTE

These Rules, which come into operation on the 1st September, 1962, amend Rule 118 (6) of the Land Registration Rules, 1959, and rescind Part VII of the said Rules and the Schedule of Costs thereto annexed and substitute new Land Registration (Solicitors' Costs) Rules and Schedule therefor.