Land Registration Rules 2011 [S.I. 559 of 2011]
These Rules, which will come into effect on the
· 2nd of November 2011 provide for the insertion of Rule 46A into the Land Registration Rules 1972 and for the provision of Forms 5A and Form 113 and the amendment of Rule 113(1)(d) consequent on the insertion of the new section 49A into the Registration of Title Act 1964 [the 1964 Act] by section 21 of the Civil Law (Miscellaneous Provisions) Act 2011 and on
· 1st March 2012 which provides for two new forms of Charge, Form 114 and Form 115.
The rules and forms affected are as follows;
Easements and profit à prendre acquired by prescription
Rule 46A
Rule 46A has been inserted to provide for applications by any person claiming to be entitled to an easements and profit à prendre on the basis that the relevant requirements set out in section 33 to 38 of the Land and Conveyancing Law Reform Act 2009 have been complied with [acquisition by prescription] and for their registration as burdens on registered land [where appropriate], as appurtenant rights under section 82 of the 1964 Act and in the case of profit à prendre held in gross in the register of ownership under section 8(b)(i) of the 1964 Act.
A new Practice Direction in relation to applications for registration under Rule 46A will issue in the near future.
Rule 103
Rule 103 has been amended by the insertion of sub-rule (1)(d)(v) which authorises the Authority to concur in the registration of an easement or profit à prendre registered as a burden pursuant to section 49A of the 1964 Act.
Form 5A
Form 5A is prescribed as the application form for registration of an easement or profit à prendre pursuant to Rule 46A.
Form 113
Form 113 is prescribed as the form of notice to be issued in relation to an application for registration of an easement or profit à prendre pursuant to Rule 46A.
Forms of Charge
Rule 113
Rule 113 is amended to provide for two new forms of charge, Form 114 and Form 115
Form 114
Prescribed form for a charge for present and future advances.
Form 115
Prescribed form of charge for specific charge for present and future advances arising on the creation of a commercial mortgage or debenture.
John Deeney,
Acting Chief Executive Officer,
4th of November 2011