The Gazette 1967/71

SCHEDULE 1. Registered Owner, Kate Halpin. Folio number 16039. County Meath. Lands of (1) Derlangan, (2) Rathmore, (3) Drissoge in the Barony of Lune, con taining 32a. lr. 23p. 2. Registered Owner, Patrick Godley. Folio number 12860. County Kerry. Lands of Ballyfinoge, in the Barony of Trughanacuny, containing 12a. lr. 5p. 3. Registered Owner, Elizabeth Loughlin. Folio num ber 1841. County Kildare. Lands of Kill East and Kill West, in the Barony of Salt South, containing 208a. 3r. 20p. (7/21st). 4. Registered Owner, Leonard William McKay Forbes. Folio number 1942. County Westmeath. Lands of Martinstown, in the Barony of Corkaree, containing 3a. 3r. 24p. 5. Registered Owner, James Duffy. Folio number 16847. County Monaghan. Lands of Monyglen in the Barony of Farney, containing lOa. Or. 15p. 6. Registered Owner, William O'Connor. Folio num ber 4213. County Kerry. Lands of Bawnmore in the Barony of Clanmaurice, containing 9la. Or. 28p. LAND REGISTRY SEARCHES In late April, 1967 the Minister for Justice in reply to a parliamentary question dealt with the question of telephone searches in the Land Registry and the charges therefor. It was suggested by the Society to the Minister that the facility for telephone searches at a reasonable fee should be continued. It was pointed out that it was a matter of considerable importance in the interest of expedition especially, in smaller transactions. The Council requested the Minister to consider the desirability of continuing the service to the public at a reasonable charge, but expressed the opinion that the fee of £1 10 0 prescribed was too high. The Society wrote to the Minister on May 1st, 1967 and received a reply dated 17th April, 1968 from the Secretary of The Department of Justice which reads as follows: — Dear Sir, I am directed by the Minister for Justice to refer to your letter (EAP.L/2/67) of the 1st May, 1967, regarding the question of telephone searches in the Land Registry and to say that he has now fully examined this whole matter. The only searches in the Land Registry which arc authorised by the Registration of Title Act, 1964, and the Land Registration Rules, 1966, and in respect of which fees are prescribed by the Land Registration Fees (No. 2) Order, 1966, are the following: — (1) A search carried out by an applicant in person, for which the fee is 2/6d. (2) A search carried out by the Land Registry on the basis of a written requisition, for which the fee is 20/-. The result of the search is issued in the form of a certificate by the Land Registry. The searches are dealt with in the order in which the requisitions therefor are received in the Registry. (3) A search carried out by the Land Registry on the basis of an application made by telegram or telephone, for which the fee is 30/-. The result of the search is in the form of a "Yes" or "No"

answer and is conveyed by telephone or tele gram, as the case may be. Applications by tele phone are entertained only from Solicitors. Each search applied for must be carried out forthwith. The result, where conveyed by telephone, has to be confirmed by writing sent on the same day from the Land Registry. (4) A priority search carried out by the Land Registry on the basis of a written application, for which the fee is 40/-. The result is issued in the form of a certificate by the Land Registry. This is a new type of search introduced for the first time on the 1st January, 1967 under the Registration of Title Act, 1964. In effect, such a search not only reveals the state of the register as at the date of the search but also gives the applicant a period of 14 days within which to complete and register a transaction in priority to any other dealing lodged during that period. The accuracy of the official searches referred to at (2), (3), and (4) (i.e. those authorised by the Act and Rules and carried out by officers of the Land Registry) is guaranteed by the State. This is of importance and benefit to persons on whose behalf the searches are conducted; and it has to be taken into account in determining the size of the relevant fees, as has also the fact that the time of public officials is involved. In this latter connection, it must be remembered that the Land Registry is required by statute to be self-support ing. In the period up to the 31st March, 1966, the fee payable for an official search of the kind referred to at (2) above was 10/-. From the 1st April, 1966, this fee was increased to 20/-. Prior to the 1st January, 1967, a special fee was not prescribed for an official search by telephone or telegram, which was treated simply as an official search by telephone or telegram could be made only to the Central Office of the Land Registry. However, with effect from the 1st January, 1967, the facility of being able to apply for an official search by telephone or telegram has been extended to the local offices and the fee chargeable therefor has been fixed at 30/-. The fee for the ordinary official search remains at 20/-. The higher fee for the telephone or telegram search is justified by reason of the fact that this type of search is dealt with immediately and in priority to written requisitions for official searches. As the Minister indicated on the llth April, 1967, in reply to a Dail Question on the subject by Deputy Patrick O'Donnell, the present informal arrangement in the Central Office of the Land Registry, and in some, but not all, of the local offices, whereby solicitors are facilitated by having their telephone inquiries treated as personal searches (for which the personal fee of 2/6d is charged) has no statutory authority to sustain it. Searches so conducted are in no sense official searches the reliability of which is guaranteed by the State. Having carefully considered every aspect of the matter, the Minister has decided that the present arrangement (which is, in practice, largely confined to four counties) cannot be allowed to continue. The Registrar of Titles is being instructed that the arrangement is to cease as on and from the 1st May, 1968. Yours faithfully, P. Berry, Secretary. 112