First Registration under the Land Purchase Acts

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  1. General
  2. Application by the Land Commission in respect of property purchased under the Land Acts prior to 1st January 1892
  3. Vesting by the Land Commission in respect of property purchased under the Land Acts after 1st January 1892
  4. Vesting on Exchange of Holdings
  5. Vesting by the Land Commission of an Incorporeal Heriditament
  6. Land Commission Nominees

1. General

1.1 Lodgment of Purchase Agreement/Vesting Order
Immediately upon receipt of Vesting Orders or Fiated Purchase Agreements from the I.L.C., the following practice is to be followed:-

  1. Allocate the next number from the “Schedule” reference book.
  2. Enter the relevant particulars on the “Schedule” book and on the Estates Card Index.
  3. Associate all relevant folios with the Schedules.
  4. When consolidations or exchanges are directed with existing folios or an existing Schedule, such consolidation or exchange must be noted at once in pencil on each folio or Schedule. The Local Office must be informed without delay.
  5. Schedules should then be directed to Mapping Branch for mapping references.

1.2 Mapping Queries (or other queries)
It is frequently necessary for the Mapping Branch or the Dealings Section to issue queries to the I.L.C. in respect of some of the property in a V.O. before all the property therein can be registered.

Where, for reasons of urgency, it becomes necessary to expedite registration of part of the property comprised in the V.O. the properties in respect of which queries arise should be ruled out in red ink in a print of the V.O. Registration can then proceed in respect of the properties not subject to query.

When the queries have been resolved the properties on another print of the V.O. which have already been registered should be ruled out in red ink and registration of the remaining property completed in the usual manner. Both prints of the V.O. should then be stapled together and filed in the usual manner under the original Schedule number.

Where, for reasons of urgency, it becomes necessary to expedite registration of the property comprised in a particular P.A., registration can be effected in the usual manner. Registration of the other P.A.’s, whether subject to query or not, may be completed in the usual manner at a later date.

1.3 New Dealings Affecting Schedules
When dealings affecting Schedules are accepted for registration, the dealing number must be noted on the Schedule.
On a V.O., the register number is to be circled in pencil and the date of lodgment and number of the dealing entered in the margin.

On a P.A., the register number on the Schedule of fiated P.A.’s i.e. the “yellow list”, should be circled in pencil and the date of lodgment and number of the dealing entered in the margin. Such dealings should be set up by reference to the Schedule number and filed on a special shelf in each Section to await transmission of the Schedule from Mapping Branch.

1.4 Intended Consolidations
When the I.L.C. informs the Authority of forthcoming intended consolidations by way of A & R Revesting Forms 99/130, such consolidations are to be noted in pencil on the folios concerned without delay.

1.5 Cautions against First Registration
The cautions book is to be examined to ascertain whether any caution against the first registration of the land now being vested by I.L.C. has been lodged.

This search must be conducted before the new folio is drafted. If a caution has been lodged, the procedure set out in Practice Direction – Agricultural Credit Corporation Act 1976 should be followed.

The H.E.O. of the Section should be consulted if there is any doubt as to whether or not a caution lodged affects the vested land.

A further search in the cautions book must be made before the new folio is sealed.

1.6 Drafting the new folio
Sample entries for rights specified in a P.A./V.O. are set out in the Key to Draft Entries.

1.7 Registry of Deeds – Searches andMemorials
The property is deemed to be registered as of the date of vesting and no search is therefore necessary.

Registry of Deeds – Memorials are not required to be filed.

1.8 Closing the Register
After the 1st January, 1967, registered property cannot be removed from the register. Any application for the closing of the register is to be refused. This, however, does not limit the powers of the I.L.C. or the Court to amend/cancel V.O.’s erroneously made. See section 30 of the Land Act, 1931.

2. Application by the Land Commission in respect of property purchased under the Land Acts prior to the 1st January 1892

See Registration of Title Act, 1964, section 26 (1) and Land Registration Rules, 2012,Rule 20 (1)

When the land has been purchased under the Land Purchase Acts prior to the 1st January, 1892, application for registration is normally made by the purchaser or his successors in title (Rule 14). These applications are dealt with by Examiners.

The Land Commission can also apply for registration in these cases. Such application by the Land Commission shall be inLR Form 4of the Land Registration rules, 2012, and must be accompanied by a plan of the property drawn on the current largest scale map published by the Ordnance Survey (Rule 20). These applications are dealt with by the Sections.

The officer in charge shall ensure that the application by the Land Commission is:-

  1. set up as a dealing
  2. numbered and
  3. sent to Mapping Branch for mapping references.

If an original Conveyance/Charging Order is lodged, it should be filed as part of the Instrument.

In all cases, registration is to be effected subject to:

  • the usual Devolution Note under Part II of the Succession Act, 1965.
  • the usual Prohibition Note under sections 12 and 45 of the Land Act, 1965, (where appropriate).
  • the usual entry of I.L.C. annuity, if applicable.

Particulars of the property, area, etc., are set out in Part I of the Schedule to LR Form 4.

The occupier whose name, address, and description, are set out in said LR Form 4 is to be registered as full owner with Possessory title.

Appurtenant rights of turbary or grazing referred to on the Form are to be registered as a general entry on the folio.

3. Vesting by the Land Commission in respect of property purchased under the Land Acts after 1st January 1892

3.1 Where no consolidation is ordered
The procedure set out at 2 supra, mutatis mutandis, is to be followed.

The person in whom the property is vested is to be registered as full owner with Possessory Title. In some cases, the I.L.C. may vest property in a limited owner.

It should be noted that a V.O. may authorise the registration of appurtenant rights or burdens other than the Land Purchase Annuity.

Appurtenant rights:
Appurtenant rights are to be entered in Part 1 of the Folio. If they are appurtenant to part of the property only, this is to be clearly shown in the entry.

Burdens:
Burdens, the registration of which is authorised by the V.O., are to be entered in Part 3 of the folio in accordance with the existing practice.

Ultimate Consolidations:

  • If the V.O. discloses that the property is intended for ultimate consolidation with other unregistered property, the note that the property is subject to the provisions contained in Section 6 of the Land Act, 1946, is to be entered in Part 3 of the folio in accordance with the present practice. (See Entry No. 29 on “Key”).
  • If the V.O. shows that the property is intended to be ultimately consolidated with a cottage purchased under the Labourers’ Acts, the existing practice relating to the entry of inhibitions is to be continued.

Land Reclamation Charges:
Where reference is made in the V.O. to a Charging Order under the Land Reclamation Acts, 1949, such Charging Order must be requisitioned from the I.L.C., if not already lodged.

An Instrument number should be allocated to the Duplicate Order and the charge registered by reference to the date of vesting and the Instrument number. (See Entry No. 35 on “Key”).

When registration has been effected, the new folio number should be entered in the Schedule on the Original Order which should then be returned to the Records branch of the I.L.C. The Land Reclamation Annuity affects all the property in the consolidated folio. (Land Act, 1965, section 25(2)).

Amendments:
Vesting Orders may be amended only by order of the Judicial Commissioner of the Land Commission. The Authority is bound to obey such an order.

Rights in Column 9 of Vesting Order (Land Act, 1931, section 12):
Rights specified in column 9 of a Vesting Order made pursuant to section 12 of the Land Act, 1931, are not to be registered (See File 51A) except when reference is made to column 9 to the creation by Charging Order of appurtenant rights for the land being vested. If the Vesting Order is not accompanied by this Charging Order, it must be requisitioned from the I.L.C. and given an Instrument number. The right is then registered by reference to this Instrument number.

Cash Sale:
Occasionally, the Land Commission complete a cash sale of a “Mansion House” by way of Purchase Agreement. In such cases, the purchaser is to be registered with Absolute Title on lodgement of an Affidavit of Discovery with the Purchase Agreement. The Affidavit should be allocated an Instrument number and the Absolute Title registered by reference to same. This practice is to be followed only when it is clear that the sale by the Land Commission is for full value.

3.2 Where consolidation with registered property is ordered
The Land Commission when vesting additional property (a parcel) may order it to be consolidated with another parcel of land and/or with one or more folios. (See section 25 Land Act, 1965).

Description of property:
On Part 1 of the consolidated folio, the description of the lands as shown on the Folio should be shown prior to the description of the additional land as set out in the V.O.

The usual note that the Registration does not extend to the mines and minerals is to be entered.

Appurtenant rights:
Appurtenant rights, whether noted on the folio of the registered property, or vested by the vesting order of the additional property, are to be noted on Part 1 of the consolidated folio as being appurtenant to the part of the registered property to which they were annexed prior to the consolidation or to which they were annexed by the V.O.

The following practice is to be adopted on registration of a Vesting Order, or of a fiated Purchase Agreement, vesting a parcel in a tenant purchaser and directing that such parcel be consolidated with holdings already registered and where such order or agreement purports to grant an appurtenant right of turbary and an appurtenant right to take bog mould:

If the said appurtenant rights are for the benefit of the parcel only the Vesting Order or fiated Purchase Agreement is to be returned to the Land Commission who should be asked to confirm that same affect the parcel only or otherwise to specify the land to which same are appurtenant.If the Vesting Order or fiated Purchase Agreement makes the said appurtenant turbary rights appurtenant to all the lands to be consolidated, the said appurtenant rights are to be noted as appurtenant to all the property on the new consolidated folio.

Collection Numbers:
The collection number(s) from the folio(s) to be consolidated and the collection number(s) in respect of the parcel should be shown in the bottom left-hand corner of the consolidated folio. Where revised collection number(s) appear on Schedule, they should be quoted.

Title – Possessory/Absolute:
When the folio lands are subject to equities or are registered with a Possessory Title, all the property in the consolidated folio will be registered with a Possessory title.

Where the folio lands are not subject to equities or are registered with an Absolute title, these lands will be registered on the consolidated folio with an Absolute title and the newly vested property will be registered with Possessory title.The title to the property which is Absolute and the title to the property which is Possessory must be clearly shown on the consolidated folio.

If some lands are being registered on the folio with Absolute title and one with Possessory title, the note to be entered in relation to the latter lands is as follows:-

“Title Possessory (V.O. (date of Vesting of the title possessory lands))”, e.g. V.O. 29/10/1968.

This practice is not to be applied to lands which have not been purchased under the Land Purchase Acts which are being registered with a possessory title.

In all cases, the newly vested property is to be registered with a Possessory title in the consolidated folio.

Ownership:
In cases where there are different ownerships on the registered folio, or the same owner registered in a different capacity for some of the property, e.g. limited owner of the property No. 1 and full owner of the property No. 2, the existing ownerships are to be carried over to the consolidated folio and the vested tenant/purchaser of the newly vested property is to be entered on the consolidated folio as full or limited owner depending on the capacity in which the Vesting Order vested the property in him.

It is provided by sections 21 and 22 of the Land Act, 1965, that where property is vested and the vesting instrument directs the consolidation of the property with registered property, the property shall vest in the purchaser in the same capacity and subject to the same trusts as he holds the registered property. Thus, if he is registered as a limited owner of the registered property, he must be registered as limited owner of the additional property, and the Settlement and Trustee, if any, thereof, must be noted in respect of the additional property.

Assignee of Registered Owner:
In cases where an assignee of the estate of the limited owner is entered in the folio in respect of the registered property, the assignee is to be entered in the consolidated folio as assignee of the estate of the limited owner in the registered property only.

Cautions and Inhibitions:
All cautions and inhibitions, except those registered by the I.L.C. either registered on the folio to be consolidated or filed against First Registration of the additional property, are to be entered in Part 2 of the consolidated folio in the order of their dates as affecting the folio lands or the additional property as the case may be (SeePractice Direction – Agricultural Credit Corporation Act 1978)

Land Commission Annuity:
The Land Commission annuity affects all the property in the consolidated folio, even if, prior to consolidation, the annuity affected part thereof only. (Land Act, 1965 section 25 (2)).

Burdens:
All burdens except equity notes are to be entered in Part 3 of the consolidated folio as affecting only that part of the property in the consolidated folio which they affected in the registered property.

All burdens authorised to be registered by the V.O./P.A. of the additional property are to be entered in Part 3 of the consolidated folio as affecting that part of the property in the consolidated folio when the V.O. shows they affect.

Fishing & Sporting rights etc:
Such burdens as fishing rights, sporting rights, and other rights registrable on First Registration are to be entered on the consolidated folio in priority after any similar burdens affecting the registered property under consolidation.

Burdens on the registered property, registered after First Registration, are to be entered on the new consolidated folio in their original priority i.e. by date of registration.

Close Folio – Cancellation of Entries:
The folio under consolidation should be closed in the usual manner (See Draft Entry No. 8).

Directions for cancellation of entries not carried forward to the new consolidated folio may also be made on this draft and are to be cancelled as follows:

Rule out Entry No ….. Part …. and opposite write:- “Cancelled L.R. …………./….”

Before any I.L.C. Cautions, Inhibitions, Prohibition Notes or other entries are cancelled, the settling officer should be satisfied that these entries no longer affect any of the land on the new consolidated folio. The relevant Instrument should be inspected in all cases.

Two Counties:
Where the I.L.C. order that the additional lands be consolidated with folio land situate in a different county, the following entry is to be made in red in Part 3 on both the existing folio and new folio:

“The property herein is consolidated with the property in Folio ……….. County ……………… The property herein is subject to a Land Purchase Annuity.”

If there is no Land Purchase annuity payable the above entry should be suitably amended.

3.3 Where consolidation with unregistered property is ordered
When property the subject of a V.O./P.A. is ordered to be consolidated with unregistered land pursuant to Land Act, 1965, section 25 (3), the consolidation is to be carried out as directed.

The Land Commission will lodge with the V.O. a Form 136 setting out particulars of the unregistered property and the name and address of the occupier, together with a map on the 25″ scale. This form will be signed and dated by the local I.L.C. inspector and countersigned by an officer of the A & R Revesting Branch of the I.L.C. If the form is not countersigned, the matter should be referred to the I.L.C.

When the property the subject of Form 136 is mapped, consolidation should be effected in the usual manner. The Form 136 and relevant map should be filed as an Instrument.

Registration:
The particulars of the property and mapping reference are set out on the Form 136. Registration of this property is effected without any reference to “mines and minerals”. Register “occupier” as full owner with Possessory title. Registration should be effected as of date of vesting on the accompanying V.O. and the said Instrument number.

The consolidated property will be subject to:

  1. the usual Prohibition Note under the Land Act, 1965.
  2. a Land Purchase annuity, if any, as set out in the V.O.
  3. a Land Reclamation charge, if any, as set out in the V.O.

None of the fishing, sporting, or other rights set out in the V.O. affect the property the subject of Form 136.

4. Vesting on exchange of holdings

4.1 General
Under section 46 of the Land Act, 1923, the registered owner of any holding has power to enter into an agreement with the I.L.C. for an exchange of holdings. See Rules 190-193 of the L.R. Rules, 2012.

Pursuant to Section 29 of the Land Act, 1931, the Land Commission has power to vest property in exchange for unregistered land.

The registered owner transfers his old holding (or part thereof) to the I.L.C. and the I.L.C., in exchange, provides him with a new holding.

These exchanges have for a number of years been carried out by way of Vesting Orders and Purchase Agreements.

An exchange may involve all or part of folio lands and involve land in the same County, an adjoining county or in a different province e.g. a County Mayo farmer migrating to County Meath.

If there is any doubt as to the area of the part transferred or retained under the exchange proceedings, a copy of the relevant Apportionment Order may be obtained from the Records Branch (I.L.C.).

The particulars of the exchange and consolidations, if any, are set out in various endorsements on the back page of the P.A. and in the 4th Schedule to the V.O.

All endorsements and directions must be carefully perused and clearly understood before drafting of the new folio commences.

  • In exchanges affected by P.A. the old holding is transferred to the I.L.C. by a “Deed of Surrender” which will be found stapled inside the P.A. This deed must be detached and given an Instrument number and finally filed in the Filing Section.
  • In exchanges effected by V.O. (usually a re-arrangement of a number of adjoining holdings), all or part of the old holding may be re-vested under the same V.O. There is no Deed of Surrender in these cases.

The existing folio:

The I.L.C. are to be registered as full owners with an Absolute title on the existing folio.

Where the exchange affects only part of the property in the existing folio, the above practice is to be applied with the necessary changes in the points of detail.

The equity note, if any, on the folio is to be ruled out, and all burdens, cautions, and inhibitions are to be transferred to the new holding, if applicable.

The New Holding:

The owner of the new holding is to be registered as full or limited owner according to his registration on the old holding. In all cases registration is to be effected with Possessory title. The consolidation procedure outlined in Chapter 3.2 above is to be applied, where, in addition to an exchange, a consolidation with other registered property is ordered.

4.2 Details of procedure where all folio lands is exchanged by Purchase Agreement

Note: A particular case may vary from these procedures.

(i) Inspect Instrument re I.L.C. Cautions/Nominee Notes on folio.

(ii) Stamp Instrument number on “Deed of Surrender”.

(iii) Direct cancellation of caution note on exchange folio (if applicable).

“Rule out caution at Entry No…. and at foot of entry write “Cancelled L.R………./ …”.

(iv) Direct cancellation of burden/charge (See L.R. Rule 191(3)).

“Rule out burden/charge at Entry No… and at foot of entry write “Transferred to Folio………. County…………….”.
Draft letter to owner of burden/charge as follows:- (See L.R. Rule 193).

“A Chara/Bhean Uasal,
Part of the lands on the above folio on which a burden/charge is registered in your favour has/have been transferred to the Irish Land Commission in exchange for the lands of……………………. in the County of…………. The said lands of………………… are now registered on folio…………… County…………….. and I am to inform you that the right referred to above is registered thereon. No reply is required.”

This letter should NOT be issued until AFTER registration has been completed.

(v) Usual entry (if applicable) for cancellation of Land Purchase Annuity Quote Date of Vesting and L.R. …………/…………….

(vi) Register Irish Land Commission as full owner quoting

  • Date of Vesting
  • L.R. Reference
  • Inst. No. of Deed of Surrender
  • Land Act, 1923, Section 46

(vii) Usual entry, if applicable, for conversion of Possessory title to Absolute title.

Quoting Date of Vesting and L.R………../…..

(viii) Do NOT cancel fishing/sporting rights.

(ix)

(a) Open folio for new holding.

(b)For “ownership” of new holding refer to L.R. Rule 191(1) and (2).

(c)Title of new holding will be Possessory.

(d)Any burden or charge which formerly affected the folio lands now affects the entire new holding (See L.R. Rule 193 (3)).

If exchange affected by Vesting Order and ALL exchanged lands are re-vested on the SAME Schedule, item (v), (vi), and (viii) above do not apply.

Merely close the folio quoting date of vesting, all of the register numbers involved in the transfer and re-vesting, the Schedule reference and all new folios to which the lands have now been re-vested. If ALL lands exchanged are NOT re-vested on the SAME Vesting order proceed as indicated and then transfer the parts re-vested from the folio lands quoting date of vesting, the register numbers involved in the re-vesting, the Schedule reference and all new folios to which the lands have now been transferred.

4.3 Details of Procedure where PART of folio lands is exchanged by Purchase Agreement and the part retained IS to be consolidated with the new holding and NO Land Certificate issued in respect of folio lands.

(i) Inspect Instruments re I.L.C. Cautions/Nominee Notes on Folio.

(ii) Stamp Instrument number on “Deed of Surrender.”

(iii) Direct cancellation of caution note on exchange folio (if applicable). “Rule out caution at Entry No…. and at foot of entry write “Cancelled L.R. ………./…”

(iv) Cancel burden/charge (if any) and draft letter as indicated under heading 3.(iv) above.

(v) Cancel Land Purchase Annuity (if any) on folio as indicated under heading 3.(v) above.

(vi) Transfer part RETAINED from folio quoting Date of vesting and L.R. ………./…

(vii) Register Irish Land Commission as full owner as previously indicated.

(viii) Convert Title Possessory to Title Absolute (if necessary).

(ix) Open new folio for the part RETAINED and NEW holding, quoting separate ownerships for each; carry over fishing/sporting rights and rights of way (if applicable) to affect part retained. Unless burden/charge only affects part NOT exchanged, it will now affect the part retained and new holding.If exchange affected by Vesting Order and ALL exchanged lands are re-vested on the SAME Schedule, items, (v), (vi), and (vii) above do not apply. Merely close the folio quoting date of vesting, all of the register numbers involved in the transfer and re-vesting, the Schedule reference and all new folios to which the lands have now been transferred.

If ALL lands exchanged are NOT re-vested on the SAME Vesting Order proceed as indicated at 4(3) above and then transfer the parts re-vested from the folio lands quoting date of vesting, the register numbers involved in the re-vesting, the Schedule reference and all new folios to which the lands now been transferred.

4.4

  • Details of procedure where PART of folio lands is exchanged by Purchase Agreement and part retained is NOT to be consolidated with the new holding (whether L.C. issues or not), and
  • Exchange of PART of folio lands by Purchase Agreement where part retained IS to be consolidated with new holding and L.C. has issued in respect of ALL/PART of folio lands

(i) Requisition Instrument re I.L.C. Cautions/Nominee Notes on folio.

(ii) Stamp Instrument on “Deed of Surrender”.

(iii) Direct cancellation of caution note on exchange folio (if applicable). “Rule out caution at Entry No………. and at foot of entry write “Cancelled L.R. ………../….

(iv) Unless burden/charge only applies to certain lands NOT exchanged, register burden/charge on folio for new holding and cross reference with retained lands on folio (L.R. Rule 191(3)).

(v) Open new folio for lands transferred to I.L.C., register I.L.C. as full owner with Absolute Title subject ONLY to fishing /sporting rights, if applicable. At ownership, quote the references previously indicated at Paragraph 4.3(vi).

(vi) Draft letter to owner of burden/charge as previously indicated at 4.2

(vii) Ownership of new holding – See L.R. Rule 191 (1) and (2).

(ix) Title of new holding will be Possessory.

(x) Transfer lands from folio to the new I.L.C. folio and to the new consolidated folio quoting Date of vesting and L.R…………../….

4.5 Procedure where exchange effected by Vesting Order
If ALL exchanged lands are re-vested on the SAME Schedule, transfer the lands to the new folios quoting date of vesting, all of the register numbers involved in the transfer and re-vesting, the Schedule reference and ALL new folio numbers to which the lands have been transferred.

If ALL lands exchanged are NOT re-vested on the SAME Vesting Order, proceed as indicated under heading (3) above and then transfer the parts re-vested from the folio lands quoting date of vesting, the register numbers involved in the re-vesting, the Schedule reference and ALL new folio numbers to which the lands have been transferred.

5. Vesting by the Land Commission of an Incorporeal Hereditament

(Land Act, 1965. section 19).Registration of Title Act, 1964. Section 8(b).(Land Registration Rules, 2012. Rules 186-189).
Under section 19 of the Land Act, 1965, the I.L.C. has power to vest an incorporeal hereditament in a purchaser.

On lodgement of a Vesting Order of an incorporeal hereditament held in gross, such as a right of fishing, it is to be registered with a Possessory Title on the Register maintained under Section 8(b) of the Registration of Title Act, 1964.
On lodgement of the first of such Vesting Orders, the Deputy Registrar will settle the necessary entries for the said register as precedent.

6. Land Commission Nominees

Under the Land Act, 1965, section 14, the power of the Land Commission in relation to nominees appointed for the purpose of proceedings under the Land Purchase Acts was greatly extended.

The Land Commission may now vest any property, including registered property, in such a nominee. On such a vesting, the interest so vested shall be a graft on the interests of all persons whom the nominee represents.

The nominee, qua nominee, can do all acts necessary (including transferring) for the purpose of the Land Commission proceedings, but no further or otherwise.

Notwithstanding this, if the Land Commission vests property (including registered property) in such nominee, he is entitled to be registered as owner with Possessory title. This registration enables him to deal with the property in the same manner as any other registered owner, who is registered subject to equities or with a possessory title.

In cases of parcels consolidated with registered land where both the parcel and the registered land have been vested in the nominee.

The nominee is to be registered as full owner of the consolidated folio regardless of the ownership registered on the existing folio.

Burdens (except the equity note), cautions, inhibitions and appurtenant rights are to be registered in accordance with Part III (b) supra.

Whether or not the registered land was subject to an equity note or Possessory title, the holding and parcel are to be registered with a Possessory title.

In the case of parcels consolidated with registered holdings where parcel only is vested in the nominees.The nominee shall be registered as owner of the parcel, and the existing ownership of the registered holding shall be continued on the consolidated folio in accordance with the existing practice. On the registration of the Land Commission nominee on the consolidated folio, he shall be registered with a Possessory title in respect of the parcel vested in him and the title to the registered holding shall be entered on the consolidated folio as Absolute or Possessory, depending on whether its registration was Absolute or Possessory on the folio under consolidation.

Cautions, inhibitions, burdens, and appurtenant rights, whether registered on the old folio or contained in the Vesting Order are to be dealt with in accordance with Part III(b) supra.

It is to be noted that prior to the Land Act, 1965, “Limited Administrators” were appointed instead of “nominees”. When such cases are lodged, the Limited Administrator is to be registered as full owner with a Possessory title.

In the case of a transfer or vesting in a Land Commission Nominee on an exchange of holdings under section 46 of the Land Act, 1923.

The Land Commission Nominee or Limited Administrator appointed prior to the Land Act, 1965, is to be registered as full owner on the new folio which shall be opened for the holding with a Possessory Title. Otherwise, the procedure set out at Part III (d) supra is to be followed.

Catherine Treacy
REGISTRAR OF DEEDS AND TITLES

21 April 1998
Updated 01 February 2013