Explanatory Memorandum for the Registry of Deeds Rules
Section 48 of the Registration of Deeds and Titles Act 2006 provided for general rules for
the purpose of enabling Part 3 of that Act to have full effect.
The registration of deeds system, which is operated by the Registry of Deeds, provides
for the registration of documents relating to land with a view to determining priorities
between documents dealing with the same piece of land. There is no statutory
requirement to register a document but failure to do so may result in a loss of priority.
The effect of registration is generally to achieve priority over documents that have not
been registered or have been registered later. However, the act of registration does not in
itself guarantee title to land dealt with by that document.
Rule 1 is a standard provision providing for commencement.
Rule 2 is a standard provision for necessary interpretations. This is in addition to the
interpretations provided for in Section 32 of the 2006 Act.
Rule 4 prescribes the form and contents of the register of deeds in accordance with
section 35 of the 2006 Act. Rule 3(1) allows for developments in information technology
and is identical to the provision in the new Land Registry rules. Rule 4(2) allows for the
constitutional and statutory position regarding the two official languages and is identical
to the provision in the new Land Registry rules. Rule 4(3)(f) provides for such
information as may be considered necessary by the Authority. This provision is to allow
for the development of the register, for instance by a requirement that a map accompany
certain applications for registration. It could also be used for creation of a Grantees Index
or an Index of Land. Rule 4(4) provides for the continuation of the present registered
detail, in line with Section 34 of the 2006 Rule 4(5) provides for the situation where
registered information may not be available as would otherwise be expected under the
Act and Rules and is similar to the provision in the new Land Registry Rules.
Rule 5 provides for the Index of Grantors also known as the Names Index, the main
Index in the Registry of Deeds system.
Rule 6 provides for prescribed forms of application, along the lines of the Land Registry
Rules. These will replace the present memorial with its accompanying affidavit. The
Authority will verify the details in the form against the original deed before effecting
registration. Rule 6(3) provides for an assumption on the part of the Authority that will
remove the necessity for raising a regular query. Rule 6(5) provides for electronic
lodgement of Land Registry memorials with Registry of Deeds.
Rule 7 provides for a continuation of priority attaching in the order of registration. This
is now fixed by the order in which the applications are received in the Registry of Deeds.
Rule 8 provides for a continuation of the endorsement of the details of registration on the
Rule 9 provides for inspection and provision of copies.
Rule 10 provides for registration arising from the Landlord and Tenant (Ground Rents)
(No 2) Act 1978.
Rule 11 provides for registration arising from the Bankruptcy Act 1988.
Rule 12 provides for registration on repayment of mortgages.
Rule 13 provides for registration on satisfaction of judgement mortgages.
Rule 14 provides for registration of judgements, Orders, decrees or declarations of Court.
Rule 15 provides for registration under the provisions of the Land Reclamation Act 1949.
Rule 16 provides for registration of notices under section 12 of the Family Home
Protection Act 1976.
Rule 17 provides for registration of statements under section 3(8)(c) of the Family Home
Protection Act 1976.
Rule 18 provides for an alteration in a register or record.
Rule 19 provides for the searching service as envisaged by Section 43 of the Act. There
is no provision for the continuation of the former common and negative searches. In
future there will only be one type of search, an official search. The official search results
will be certified by the Authority.
The Schedule of Forms contains the range of prescribed forms. Forms completed by a
solicitor need only be signed. Where a form is completed by anyone else it must be
sworn, as is the case with memorials at present.