Powers of person entitled to be registered as owner of land or charge – Legal Office Notice No. 6 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, Section 63 of the Registration of Deeds and Title Act 2006 .

Section 63 is substituted for section 90 of the 1964 Act, and enables a person on whom the right to be registered as owner of registered land or a registered charge has devolved by reason of the death of the owner or the defeasance of the owner’s estate or interest or by reason of a transfer or under a lease,  to grant a lease, or easement, or profit a prendre in respect of the property in addition to the powers to sell or charge set out in section 90 of the 1964 Act, before he or she is registered as owner. It is to be noted that the Section takes account of the amendment in section 58 of the Registration of Deeds and Title Act 2006 that the word ‘transfer’ includes a lease and also provides that the Minister for Agriculture and Food shall have powers previously conferred on the Land Commission.

Accordingly as and from the 26th day of May 2006, all such applications for registration of leases or grants of easements or profits a prendre by persons entitled to be registered on foot of , inter alia, a transfer, transmission or lease but not yet registered, are to proceed without query.
John Deeney
Deputy Registrar
31st of May 2006