Form 3 by Statutory Bodies – Legal Office Notice No. 8 of 2011

image_printPrint Page

The Form 3 Practice Direction sets out a number of circumstances in which a Form 3 application should be referred to an Examiner of Titles. One of these is where the conveyance/assignment is over 5 years old.

The Practice Direction, in so far as the requirement that a Deed be less than 5 years old is concerned, should be taken as referring to Form 3 cases lodged pursuant to Rule 19(3).

Rule 19(4) governs applications in Form 3 by a statutory body. A greater degree of latitude should be allowed for Rule 19(4) cases, with regard to the age of the Deed. Generally, if otherwise in order and if under the €1,000,000.00 threshold, applications in Form 3 by statutory bodies should be accepted. If there is a doubt concerning a possibility of subsequent dispositions, for example if the property appears to have been acquired by a local authority in its capacity as a housing authority, or by a State or statutory development agency, then a certificate of no acts can be called for or in-house searches may be carried out.

Fergus Hayden

Chief Examiner of Titles.

 9th September 2011

Updated 1 Febraury 2013