Leases of Registered Land – Legal Office Notice No. 7 of 2006
Leases of registered land
On the 26th day of May 2006 the Minister for Justice Equality and Law Reform signed a Commencement Order in respect of, inter alia , Section 58 of the Registration of Deeds and Titles Act 2006. This section amends Section 51 of the 1964 Act and provides that the word ‘transfer’ shall include a lease.
Under the 1964 Act in the case of registered property, any lease of the property or part of it was deemed to confer an unregistered leasehold interest. Before any such interest could be registered it was necessary for the lessee to apply for first registration. Section 58 of the 2006 Act provides that where a registered owner of land leases the land or any part of it, the lessee shall be registered as owner of the leasehold interest in that land. The effect of this amendment to Section 51 of the 1964 Act is to render leases of registered land to be of themselves registered land.
Accordingly in respect of leases wholly affecting registered land, i.e. where all the property the subject of the lease comprises registered land, executed after the commencement date there will be no requirement to furnish an Affidavit of Discovery in Form 16 of the Land Registration Rules 2012 or Registry of Deeds and Judgment searches. This practice also applies in respect of sub-leases lodged at the same time as, or at any time after, an application to register the head lease, where the property the subject of the head-lease is wholly registered.
Charges affecting such interest must be in the manner appropriate to registered land and the date of registration of the lease and any associated charge is the date of lodgement of the dealing (Rule 58 L.R. Rules 2012).
It is to be noted that dispositions made prior to the completion of registration of the leasehold interest should be in the manner appropriate to registered land i.e. shall be by way of transfer (but assignment is acceptable) as should charges.
As and from date of commencement, such dispositions of leases of registered land are to be processed in the Dealing Sections.
31st of May 2006
Updated 26 May 2014