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42 1923

LAND ACT, 1923

PART IV.—LOCAL REGISTRATION OF TITLE.

Rules as to registration on exchange of holdings.

57. —(1) Rules may be made under section ninety-four of the Local Registration of Title (Ireland) Act, 1891 (in this Part of this Act called the Act of 1891) regulating the procedure to be adopted in connection with the registration of lands dealt with under the provisions of this Act relating to the exchange of holdings, and prescribing such method of registration and making such adaptation or modifications of any enactment relating to registration as may be required for the purpose of giving effect to the provisions aforesaid.

(2) Section ninety-three of the Act of 1891 (which relates to the application of the Insurance Fund) shall not apply to losses arising from anything done in the execution of the provisions aforesaid of this Act, or of the rules made under this section.

Power to register lands with a qualified or possessory title.

58. —(1) Where the registration of the ownership of land, the registration of which is compulsory under the Act of 1891, has not been effected, the Land Commission or the Commissioners of Public Works in Ireland may furnish to the Registrar of Titles the prescribed particulars respecting that land and the name of the person appearing to them to be in possession thereof, and the registering authority shall thereupon register that person as the owner of that land with a possessory or qualified title.

(2) The first registration of any person as full or limited owner with a possessory title shall have the same effect as the first registration of a person as full or limited owner under the Act of 1891, save that registration with a possessory title shall not affect or prejudice the enforcement of any estate, right or interest adverse to or in derogation of the title of the first registered owner or subsisting or capable of arising at the time of such first registration.

(3) The first registration of any person as full or limited owner with a qualified title shall have the same effect as the first registration of a person as full or limited owner under the Act of 1891, save that registration with a qualified title shall not affect or prejudice the enforcement of any estate, right, or title appearing by the register to be exempted from the effect of registration.

(4) The registered owner and such other persons as may be prescribed, may at any time apply to the registering authority to ascertain the full title to the lands, and to enter on the register the burdens thereon and the rights and interest therein, which have not been affected or prejudiced by the registration of the ownership, with a possessory or qualified title, and the registering authority shall thereupon ascertain and enter on the register such burdens, rights and interests, and shall cancel on the register the registration, with qualified or possessory title, and thereupon the registration shall have the same effect as registration of a full or limited owner under the Act of 1891.

If it is found on the examination of any application that registration with a qualified title only can be effected, registration with such title may be made.

(5) Rules under the Act of 1891 may be made for carrying into effect the object of this section and the expression “prescribed” in this section means prescribed by such rules. Office fees shall not be payable for the first registration of any title under this section.

(6) The power of the Court or the Land Commission under sub-section (2) of section thirty-four of the Act of 1891, and sub-section (3) of section two of the Land Law (Ireland) Act, 1896, to correct errors in the registration of land, and to rectify the register and vesting order or fiat if in their opinion the error can be corrected without injury to any person, shall include power to make such correction and rectification notwithstanding that some person is thereby injured, upon such terms and conditions as appear to the Court or the Land Commission to be equitable, including, if necessary, compensation for such injury.

Power to register with a qualified or possessory title land acquired under Labourers Acts.

59. —Where at any time land has been acquired under the Labourers (Ireland) Acts, 1883 to 1919, the registering authority shall, on the application in the prescribed manner by any public body appearing to be in possession thereof, register such public body as the owners of that land with a possessory or qualified title, and the provisions of this Part of this Act as to persons so registered under that section shall apply to registration under this section.

Transmission on death of land resold to an owner.

60. —Notwithstanding the provisions of sub-section (6) of section three of the Irish Land Act, 1903, all lands which have been or hereafter shall be resold to the owners thereof under the provisions of that section, or which shall be resold to the owners thereof under this Act, shall be subject to the provisions of Part IV. of the Act of 1891 relating to the devolution of freehold registered land.

Registration of a nominated proprietor.

61. —Where the Land Commission nominates a person to be proprietor of a holding under the powers conferred by sub-section (1) (c) of section fifty-four of the Irish Land Act, 1903, such person shall be registered as proprietor of the holding subject to such claims and charges as would affect the estate or interest of the personal representative of the deceased proprietor, and thereupon all persons interested in the holdings may apply to the registering authority in the prescribed manner to have their claims ascertained and registered as charges against the holding.

Power of Land Commission to resell before registration of their title.

62. —Notwithstanding any provisions to the contrary in the Land Purchase Acts, the Congested Districts Board (Ireland) Acts, or the Act of 1891, contained, the Land Commission may resell any lands vested in them under the Land Purchase Acts, or as successors to the Congested Districts Board for Ireland, without being registered as owners thereof under the Act of 1891.

Death of a purchaser before vesting or registration.

63. —(1) A vesting order or fiat shall not be void by reason of the death, before the execution thereof, of the person in whom the lands comprised therein are purported to be vested, but shall be effectual to vest, and shall be deemed always to have vested, the said lands in the personal representative (when raised) of such person to such uses and upon such trusts as the lands would have stood limited had they been vested in such person immediately prior to his death.

(2) The first registration of land the registration of which is compulsory under the Act of 1891 shall be and shall be deemed always to have been a valid entry of the lands on the register under the said Act notwithstanding that the owner was dead at the date of such first registration and the person entitled to the lands on the death of such deceased owner shall be entered on the register as owner on application to the registering authority.