First Registration in Form 3

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  1. Introduction
  2. Land Registry Requirements
  3. Procedure
  4. Form 3 cases that may involve Investigation of Title by the Land Registry
  5. Links

1. Introduction

This Practice Direction deals with Applications for Modified First Registration under the Solicitor’s Certificate procedure provided for in Land Registration Rules.

Rule 19(3) of the Land Registration Rules 2012

2. Land Registry Requirements

In appropriate cases, applications for first registration of a conveyance or assignment on sale, where the consideration is less than €1,000,000, may be the subject of a modified First Registration procedure. In these cases a solicitor investigates the title and certifies it. Where an LR Form 3 is accepted the Land Registry does not investigate the title. The following are the requirements of the Registry:

  1. LR Form 3 containing all paragraphs as prescribed in the Land Registration Rules 2012 [S.I. 483/2012].
  2. The original conveyance/assignment on sale [together with an attested/certified copy of the lease if leasehold or the attested/certified copy of the Fee Farm Grant if a fee farm grant].
  3. Original map or plan of the property acceptable for registration purposes.
  4. Application for registration incorporating LR Form 17 and
  5. Fees of €130

3. Procedure

  1. The prior title should not be lodged in these cases. If lodged and the title is not being investigated by the Land Registry, such prior title should be returned to the lodging party. Examples of when investigation of title by the Land Registry may be necessary are listed below.
  2. Mapping Branch should be directed as to whether to map as freehold or leasehold.
  3. Cautions search and Registry of Deeds and Judgment Office searches should be carried out from the date of the LR Form 3 Certificate.

4. Form 3 cases that may involve Investigation of Title by the Land Registry

The following cases should be submitted to the Examiner of Titles for consideration:

(i) Where a solicitor’s certificate that the prior title is not based on possession is not forthcoming.

(ii) If any of the following are referred to in the recitals in the Deed lodged or otherwise disclosed:

  • That title is subject to any unexplained rents or covenants
  • Where superior, intermediate or lower estates or interest have been acquired and merger is claimed
  • Where any intermediate or other interest has been forfeited or surrendered
  • Where the interest being conveyed/assigned is lessee’s interest under a renewable Lease
  • Where the property being conveyed or assigned forms portion of property comprised in a Fee Farm Grant or Lease in respect of which it is stated that rent has been apportioned
  • Where a step in prior title is impossible or erroneous
  • Where recitals in the conveyance/assignment disclose any of the above
  • Where the conveyance/assignment is over 5 years old.

5. Links

First Registration Page

_______________________
Frank Treacy
Deputy Registrar
27 November 2009
Updated 01 February 2013