The Gazette 1907-8

FEB., 1908]

The Gazette of the Incorporated Law Society of Ireland.

89

The vendor may, however, be a person having- power to sell the lands under the Land Purchase Acts, and yet may not be the owner of the mineral, sporting, or water rights, which may form the subject-matter of an exception or reservation to a superior landlord under a fee-farm grant or lease, or may have been ex pressly granted or leased by the vendor or his predecessor in title. If any such rights are disclosed in investigation of prima facie title, counsel should see that they are accurately stated, either in his certificate or in the origina ting application or request. The originating application or request may be taken by counsel as the basis of his in vestigation of title for the purposes of showing the lands which are proposed to be sold. Counsel, unless requested not to do so by the solicitor, should, as far as can conveniently be done, having regard to the nature of the title, read the title to all the lands mentioned in the ist Schedule to such originating application or request, even though it may appear that the vendor proposes to exclude part of the lands from the sale, as it frequently happens that lands which at first it is proposed to ex clude are subsequently included. In considering the extent of the investiga tion of title which should be made for the pur pose aforesaid in particular cases, counsel should have regard to the i7th section of the Act. It should also be borne in mind, in con sidering this question, that counsel's investiga tion is intended to be confined to the title to the land as distinguished from the title to the incumbrances or superior interests, and it is not intended as a substitute for the subsequent investigation which will be made in due course by an examiner of the Land Commission before the purchase-money of the estate can be dis tributed. Counsel is also referred to the directions published at the end of the 2nd Schedule to the forms A and B in the Com missioners' rules. Counsel should satisfy himself as to the identity of the lands included in the origina ting application or request, and shown on the maps lodged with the Commissioners, with those to which the title is shown. The manner in which this identification is to be established is, of course, a matter to be determined in each case. Thefollowing observations are intended to illustrate the more usual methods adopted. Identity can be shown by a comparison of the maps on the deeds or old estate maps with those lodged with the Commissioners, or by the production of old leases or rentals, or even by

the affidavit of the vendor or his agent, or a person resident on the lands, provided the de ponent can depose from personal knowledge. In the absence of any circumstance which would cast doubt on the assumption, counsel is entitled to assume that whole townlands so described in deeds are co-extensive with the present ordnance survey townlands of identical or similar names. He should, however, have regard to material differences in areas where the area is given in the deed. Counsel should haVe before him the originals of the deeds and other muniments of title where such are available. If counsel is provided with copies only of such deeds, he should at least see that the originals are forthcoming, or their absence accounted for. When the deeds are not in the possession of the vendor, application should be made by the solicitor under Rule 19. Where it appears from a perusal of any of the documents -necessary for the purpose of giving prima facie title to the land that persons other than those mentioned in the originating ap plication or request are interested in the estate, counsel should state the names of such persons in order that they may be served with a notice on Form E pursuant to Rule 20. It is not the duty of counsel to verify state ments in the originating application or request as to the persons now entitled to incumbrances, sporting rights, mineral rights, 'and water rights, or superior interests. Counsel is not bound to consider claims for succession, estate, or legacy duties in con nexion with prima facie evidence of title, Counsel should accept the allegation in the originating application or request in reference to quit or crown rent, tithe rent-charge, and Board of Works charges, unless they are in consistent with the title as shown. If it appears that the vendor's estate is subject to a fee-farm grant or lease which, if still in existence, would be sufficient to constitute the owner thereof a person having power to sell under the Land Purchase Acts, counsel should be satisfied either that such grant or lease is fully disclosed in the schedule of occupying tenants referred to in the originating applica tion or request, or that the interest of the grantee or lessee has become vested in the vendor or has determined. Where the vendor holds under a fee-farm grant, or lease, for the purpose of prima facie title, it is not necessary to make any requisition as to the existence of any superior grant or lease. • '.:••• Where counsel is of opinion that any of the