Irish Land Act 2005 – Sections 12 and 45 repealed – Legal Office Notice No. 11 of 2005
The above Act came into operation on 4th November 2005, by virtue of the Land Act 2005 (Commencement) Order 2005, S.I. 689/2005, with the exception of Section 5 (2nd December 2005) and Section 3 which requires separate regulations to be made by the Minister.
- From 4th November 2005 Sections 12 and 45 of the Land Act have been repealed. No new Prohibition Notes are to be entered on folios, including newly data-captured folios. Existing Prohibition Notes should be cancelled when processing applications. No note is to be added.
- Neither certificates nor specific consents under Section 12 and 45 aforesaid are required in respect of Deeds of Transfer or Mortgage executed on or after 4th November 2005. As the sections have been repealed the Department of Agriculture and Food is not in a position to furnish retrospective consents in respect of Deeds executed prior to that date. Where Deeds executed prior to 4th November 2005 are lodged, they should contain the standard certificates or be accompanied by specific consent from the Department. Alternatively, the applicant may furnish a letter from the Department confirming that if the relevant consent had been applied for prior to the commencement of the Act it would have been forthcoming. Otherwise the Deed may be re-executed to post-date the commencement of the Act.
- All annuities of less than €200 are to stand discharged from 4th November 2005. The Department are furnishing qualifying farmers with written confirmation that their annuity is written off. Where such letter, or other evidence that the amount of the annuity is less than €200, is produced, the entry of Land Purchase Annuity is to be cancelled. No fee is payable is payable for this registration.
- As and from 2nd December 2005, pursuant to Section 5 of the Act, where land is subject to a Land Purchase Annuity, the Registrar shall refuse to register a dealing which is a transaction to which the section applies, unless there is furnished to the Registrar a certificate issued by the Minister certifying that all annuity payments in respect of the land concerned have, up to the date of the certificate been paid, the date of such certificate being not more than 4 months prior to the date of the instrument effecting the transaction. A transaction to which this section applies is:
- A transfer on sale
- A voluntary transfer,
- A transmission on death,
- An application under section 49 of the Registration of Title Act 1964,
- A lease
- (The section does not affect a transaction which relates solely to the creation of a joint tenancy between spouses in a family home where the house was immediately prior to such transaction owned by either spouse. If property other than the family home is affected the certificate is required.)
(N.B. This section only relates to subsisting annuities over €200 and the affected folios will be identified in due course by the Department allowing a specific entry to be made thereon).
9th November 2005