STATUTORY INSTRUMENTS.

S.I. No. 370 of 1981.

LAND REGISTRATION FEES ORDER, 1981.

S.I. No. 370 of 1981.

LAND REGISTRATION FEES ORDER, 1981.

I, JIM MITCHELL, Minister for Justice, in exercise of the powers conferred on me by section 14 (1) of the Registration of Title Act, 1964 (No. 16 of 1964) , and with the consent of the Minister for Finance, hereby order as follows:

1. (1) This Order may be cited as the Land Registration Fees Order, 1981.

(2) This Order shall come into operation on the 1st day of December, 1981.

2. The Land Registration Fees Order, 1980 ( S.I. No. 255 of 1980 ) is hereby revoked.

3. In this Order--

“the Act of 1964” means the Registration of Title Act, 1964 (No. 16 of 1964) ;

“the 1972 Rules” means the Land Registration Rules, 1972 ( S.I. No. 230 of 1972 ), and any subsequent rules amending or extending the same;

“the Registrar” means the Registrar of Titles;

“value” means:

(a) in the case of registration of transfers on sale of registered property, the amount of the money consideration expressed in the transfer (or, where the property transferred includes unregistered property, the amount of the money consideration attributable, in the opinion of the Registrar, to the registered property), including the consideration for goodwill, together with the amount of any registered money charge (except a land purchase or land reclamation annuity or a charge under the Small Dwellings Acquisition Acts, 1899 to 1962 or the Housing Act, 1966 (No. 21 of 1966) ), subject to which the property is transferred;

(b) in the case of registration of money charges (including judgment mortgages) secured on registered property and in the case of examination of title under Rule 45 (d) of the 1972 Rules--

(i) where the amount of the charge is a definite sum, the amount secured;

(ii) where the charge is to secure an indefinite sum the amount covered by the stamp duty, or where no stamp duty is payable the amount which is in fact secured by the charge;

(c) in the case of registration of money charges (including judgment mortgages) secured on registered and unregistered property, the appropriate amount ascertained, pursuant to paragraph (b) of this definition, in respect of the proportionate part of the charges attributable to the registered property as certified by the solicitor for the applicant or by a person who, in the opinion of the Registrar, is competent to value property.

4. The fees to be charged and taken in the Land Registry in proceedings under the Act of 1964 shall be in accordance with this Order and the Schedule thereto and all such fees shall be payable in cash, or by means of Land Registry stamps, banker's draft, money order, postal order or cheque drawn to the order of the Registrar, provided that in any particular case the Registrar may decline to accept payment by cheque.

5. No registration shall be made and no other transaction shall be done or completed until the appropriate fee has been paid in accordance with Article 4 of this Order.

6. Where, on a transfer on sale, the whole or part of the purchase money is secured by way of a charge or lien for unpaid purchase money, full fees shall, on registration of the transferee, be chargeable on the full amount of the purchase money.

7. Where a transfer or assent creates charges for the repayment of moneys advanced on the property transferred or vested by the assent, as the case may be, or where such charges on the property are lodged at the same time as the transfer or assent, half fees only shall be chargeable for the registration of such charges.

8. Where a transfer, will or assent creates charges (otherwise than in repayment of moneys advanced) or burdens on the property transferred, devised or vested by the assent, as the case may be, or where a transfer or assent and an instrument creating charges (otherwise than in repayment of moneys advanced) or burdens are lodged at the same time, no fees shall be chargeable for the registration of such charges or burdens.

9. No fee shall be chargeable--

(a) for the registration of the ownership of a charge on the register of the property charged where such registration is made at the time of registering the charge as a burden;

(b) for the entry on the register of an address or description or change or amendment of name or description;

(c) for the conversion of a title under section 50 of the Act of 1964 on the initiative of the Registrar;

(d) for the registration of ownership of a registered burden on the transfer of such burden, where application is made at the same time for the registration of the ownership of the transferee;

(e) in respect of an application for registration by a Department of State where it is certified to the satisfaction of the Registrar that the fee would, but for this paragraph be payable solely out of moneys provided by the Oireachtas.

10. Nothing in this Order shall authorise the charging of a fee for any registration or transaction that is required by statutory enactment to be made or done free of charge.

11. No fee exceeding £200 shall be charged in any one proceeding.

SCHEDULE.

PART I.

APPLICATIONS FOR FIRST REGISTRATION FOR CONVERSION OF REGISTERED TITLE AND OTHER TRANSACTIONS INVOLVING INVESTIGATION OF TITLE.

Item 1:

Application for--

Item 2:

PART II.

REGISTRATION OF DEALINGS.

Item 8:

Registration of--

(a) transfers of property;

(b) burdens--

PART III.

LAND CERTIFICATES, COPIES, SEARCHES AND INSPECTIONS.

Item 14:

Land Certificate (save where issued free under any statutory enactment)

£5.00

Item 15:

PART IV.

MISCELLANEOUS.

Item 23:

The Minister for Finance hereby consents to the foregoing Order.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation thereof.)

The purpose of this Order is to prescribe the fees chargeable in the Land Registry as from the 1st December, 1981 under the Registration of Title Act, 1964 (No. 16 of 1964) . The Land Registration Fees Order, 1980 is revoked by this Order.

TABLE.

Registration of transfers or burdens for which fees are payable under Item 8 of the Schedule to the Order.