The Gazette 1964/67

REGISTRATION OF TITLE ACTS, 1891 and 1942 Issue of New Land Certificate Applications have been received from the registered owners mentioned in the Schedule annexed hereto, for the issue of Certificates of Title in substitution for the original Certificates issued in respect of the lands speci fied in the said Schedule, which original Certificates, it is alleged, have been lost or inadvertently destroyed. A new Certificate will be issued in each case, except a case in respect of which notification is received in the Registry within 28 days from the publication of this notice, that the Certificate of Title is still in existence, and in the custody of some person other than the registered owner. Any such notification should state the grounds on which such Certificate is being held. Dated the 2nd day of May, 1967. SCHEDULE 1. Registered Owner, John O'Keeffe. Folio number 2278R. County Limerick. Lands of Garrane in the Barony of Glenquin, containing 2 la. 2r. 5p. 2. Registered Owner, Nicholas Fennelly. Folio number 4007. County Kilkenny. Lands of Grangecuffe and Brownstown in the Barony of Shillelogher, containing lla. 3r. 23p. 3. Registered Owner, John Maguire. Folio number 5573. County Louth. Lands of Haggardstown in the Barony of Dundalk Upper, containing Oa. Ir. Op. 4. Registered Owner, Patrick O'Connor. Folio num ber 36054. County Tipperary. Lands of Lisheen in the Barony of Eliogarty, containing 72a. 3r. 35p. 5. Registered Owner, John Keating. Folio number 2833. County Wexford. Lands of Ballyboy in the Barony of Forth, containing 12a. Ir. 8p. Dear Sir, We are writing to draw your attention to a practice which is frequently adopted in the profession and upon which the Society may think it appropriate to give its recommendations:— (1) It is, or has become, customary on selling property by auction to offer a title commencing with a recent Lease or Sub-Lease and to preclude all investigation of prior title. In recent cases where we were acting for prospective purchasers the title offered con sisted of a Lease about ten years old and the conditions precluded investigation of the prior title, notwithstanding the fact that perfectly good and acceptable prior title appeared to be available. (2) We suggest that this practice is unfair to the Vendor who may lose a sale or suffer a loss in price. We suggest that it is unfair to the Purchaser Central Office, Land Registry, Chancery Street, DUBLIN. D. L. McALLISTER, Registrar of Titles. CORESPONDENCE 40 Dawson Street, Dublin, 2. 8th March, 1967.

who must either refuse to bid or take a chance on the title. We suggest that it is unfair to the Purchasers solicitor who is precluded from securing adequate title for his client and compelled to carry out a superficial and rushed examination of title prior to auction. (3) May we suggest that the Society should issue a recommendation as to the minimum title which should be offered on a sale by Public Auction in a case where documents shwoing adequate title are in the possession of the Vendor. Yours faithfully, ELLIS & MOLONEY. Solicitors. Note: The attention of members is drawn to the statement of the Society at page 248 of the Members' Handbook disapproving of unduly restrictive practices on the sale of property and stating that it is the professional duty of a solicitor to see that the client receives a proper marketable title. Attention is also drawn to the decision of the Court of Appeal in England in Hill v Harris and another (1956 2A11 E.R. 358) in which the Court stated that it was not easy to see what conceivable defence a solicitor acting for a purchaser would have to a claim for damages for negligence for failing to take the ordinary conveyancing precaution before allowing the client to take a sub-lease or finding out by inspection of the head lease whether there were any covenants restrictive of user. The Council has taken the opinion of senior counsel who advise the Society that this decision would to his opinion be followed in the Irish Courts and that accordingly a solicitor for an intending lessee or sub-lessee should ensure that any unusual covenants are disclosed and brought to the attention of his client.— Editor. Dear Mr. Plunkett, I would be obliged if you would draw the attention of your members to:— (1) the provisions of section 54 of the Succession Act, 1965 and particularly to subsection 2(c); (2) to the notes at the foot of the forms in the Land registration Rules, 1966 in relatnon to transmissions on the death of the registered owner on or after the 1st June, 1959. Solicitors should adhere strictly to the prescribed forms. Failure to use them will result in application being returned. No Will, Settlement or Deed of Release on such deaths will be read or interpreted by the Land Registry Legal Staff. This is now the sole responsibility of the applicants legal advisers. Yours faithfully, D. McALLISTER, Registrar. Land Registry, Central Office, Chancery Street, Dublin 7. 9th March, 1967. 139 re: Succession Act, 1965