Irish Church Act 1869 – Land sold under the Irish Church Act 1869 – Applications for Registration – Legal Office Notice No. 4 of 2006

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On the 26th day of May 2006, the Minister for Justice Equality and Law Reform signed a Commencement Order in respect of, inter alia, sections 50(c) and 52 (except paragraphs (b) and (d)) of the Registration of Deeds and Title Act 2006.

The 1964 Registration of Title Act (section 3) defined the Irish Church Act of 1869 as a “land purchase act” and the definition of “land” as defined in the Registration of Title Act 1964 (section 3) includes incorporeal hereditaments.

The effect of section 23 of the Registration of Title Act 1964 therefore was that where land, including rents whether supported by a right of ejectment or not, or rent charges, had been sold under the Irish Church Act of 1869 by the Commissioner for Church Temporalities or the Land Commission then the title to that land was compulsorily registerable.

Section 52 of the Registration of Deeds and Title Act 2006 amends section 23 of the 1964 Act. It responds to a recommendation by the Law Reform Commission to exempt lands covered by the Irish Church Act 1869 from the compulsory registration provisions of the 1964 Act. Following consideration of practical problems arising in this area, the Commission concluded that what was required was a provision that would absolve non-compliant owners from the obligation to register.

Accordingly as and from the 26th day of May 2006, land which has been sold under the Irish Church Act of 1869 by the Commissioner for Church Temporalities or the Land Commission and which has not been registered, is not and is deemed never to have been, compulsorily registerable under the provisions of section 23 of the Registration of Title Act 1964.

 

John Deeney

Deputy Registrar

31st of May 2006