Applications in Person – Legal Office Notice No. 5 of 2010
1. PERSONAL APPLICATIONS FOR REGISTRATION
Applications for registration in the Land Registry can only be made by a practising solicitor or the the applicant (if more than one applicant by all the applicants) (see Rule 11(1) and (2) and Form 17 of the LR Rules 2012). A third party who is not a practising solicitor cannot make an application for registration on behalf of the applicant.
The applicant(s) is (are) the person(s) in whose favour registration is sought. For example in these standalone applications:
- Transfer from A to B – B is the applicant.
- Charge by A in favour of B including the registration of the ownership of the charge – B is the applicant.
- Caution/Inhibition in favour of B (the notice party or the party whose consent is required) – B is the applicant.
- Lease from A to B coupled with application to open new leasehold folio – B (the lessee) is the applicant.
As and from the 31st of May 2010 where personal applications for registration are lodged (i.e. other than by a practising solicitor, financial institution, etc.) sufficient evidence of identity of the applicant (or in the case of more than one applicant all the applicants) (including a photograph) and evidence of their permanent address must be produced.
Rule 11(4) of the Land Registration Rules 2012 (S.I. No. 483 of 2012), which commences on 1st February 2013, prescribes that the Authority may require such evidence of identity as it considers appropriate. With effect from 1st February 2013, the evidence of identity required will be a completed Personal Applicant’s Identification Form.
Rule 11(4) also provides for service of notice of the application on the registered owner, if considered appropriate, by the Authority.
Notice will be served, in all cases, on the registered owner of the interest affected by an application for registration [e.g. the owner of a folio or a charge], prior to settling any dealings lodged by personal applicants. Rules 13 and 182 also provide that the Authority may serve notice on any party whose interest may be affected by the application lodged, prior to settling any dealings lodged by personal applicants. See also Rule 53. Such notices shall be in Form 18. See Appendix 1.
Additional Evidence and Enquiries
Under Rule 13 and 182 of the Land Registration Rules 2012 the Authority may seek further documents or evidence prior to settling any dealing lodged by personal applicants.
Evidence of Identity:
The Personal Applicant’s Identification Form, set out in Appendix 2, must be completed and produced at the public counter where it will be checked by a staff member who should inspect the evidence of identity produced and when satisfied should sign and date stamp the completed form. The Check List of documents should be ticked to indicate the documents produced. Copies of the identity documents produced should NOT be made. The completed Personal Applicant’s Identification Form and Checklist should be filed on the Instrument.
To facilitate personal applicants, who cannot attend in person at a public counter, the Personal Applicant’s Identification Form may be countersigned by an authorised certifier. Authorised certifiers are Practising Solicitor, Commissioner for Oaths, Peace Commissioner or member of An Garda Síochána. A postal application, by a personal applicant, must be accompanied by a duly completed Personal Applicant’s Identification Form.
In case of doubt the application is to be referred to the Divisional Manager for direction.
2. APPLICATIONS LODGED BY SOLICITORS ACTING ON THEIR OWN BEHALF
If, on the face of the application, a solicitor appears to be acting on his or her own behalf [whether the lodging party or not], without that solicitor’s signature having been attested by an independent practising solicitor, notice of the application is to be served on the registered owner. The notice shall be in Form 18.
Amended July 2017
Updated 12th February 2019
Updated 13th June 2019 by the addition of a sub-paragraph “Additional Evidence and Enquiries” at the end of Paragraph 1.