The Gazette 1967/71

three classes of title and under Section 40 with four classes of title. I would point out, however, and I would like to emphasize as strongly as I can for the benefit of the profession, that applications for possessory title under the conveyances on sale or grants or assignments of leases under discussion will not be entertained except in rare cases. Under the Act and Rules a solicitor must dis close all evidence of title in his possession and it is not anticipated that such title will, normally, bs insufficient to allow my registering with abso lute title in the case of leaseholds. I may add that in my experience of over thirty years of registration I have rarely found it neces sary to refuse applications for registration with what is now equivalent to absolute title or good leasehold title, particularly where the application is based on a recent investigation of title by a practising solicitor. Society to Mr. McAllister, 5/10/'70. Thank you for your letter of September 17th on the subject of Section 24, 25 and 33 of the Registration of Title Act 1964. Two matters seem to arise. 1. If a purchaser under a contract for sale of freehold or leasehold property in the new compulsory area can obtain only such title as would justify application for possessory title and applies for such registration will the Registry register him with a possessory title so as to avoid the penal consequences of Section 25 attendant upon failure to obtain registration within six months. 2. If an applicant applies for registration of possessory title has the Registrar any juris diction to refuse such registration having re gard to the provisions of Section 33. While I fully appreciate the reasonable attitude of the Land Registry in all cases nevertheless it may happen that difficulty of titles may arise particularly in regard to obtaining documents in other custody and it would certainly be a scan dalous state of affairs if a purchaser was refused possessory title and thereby found his purchase nullifield after paying over the purchase money. I would like your assurance on these points. Mr. McAllister to Society, 14/10/'70. With reference to your letter (Reference EAP. L/2/'70) of the 5th instant. Delay in replying is regretted but is due to the writer's absence on leave.

As regards Paragraph 1, if a Solicitor buys a possessory title only or what is equivalent to a possessory title the Registry will register the appli cant with possessory title. As regards Paragraph 2, the Registrar is not bound to register a possessory title on application. See second last paragraph of my letter of the 17th ultimo and Section 33 (8) of the Registration of Title Act, 1964. Society to Mr. McAllister, 14/10/'70. Thank you for your letter of Ocober 14th on the subject of registration of title and Section 25 of the Registration of Title Act, 1964. It seems to me that the result of our corres pondence comes to this. If a purchaser gets all the title to which he is entitled under the contract and submits it to the Land Registry with an appli cation for registration within six months after the date of the conveyance he will be registered with an absolute title if the evidence is sufficient evid ence to register him with an absolute title, but in any event he will be registered and will not suffer the penal consequences under Section 25. I think this follows from the second paragraph of your letter of October 14th but it needs clarifi cation because you will appreciate that the pur chaser does not buy an absolute title as such. He simply buys property under certain conditions and it is a matter for the Registrar of Titles to decide whether the evidence will be sufficient to create an absolute title. I would be glad for your confirmation on this point and I propose to inform the members accordingly. Mr, McAllister to Society, 27/10/70. I think having regard to Section 33 of the Registration of Title Act, 1964 there is very little doubt that registration will be effected in most compulsory cases. This is all new country however, and there may be instances where the Registrar may be unwilling to register with any class of title. It is difficult to see all the possibilities at this stage. LEGAL AID REGULATIONS Dear Sir, Regulation 1 1 (3) of the Criminal Justice (Legal Aid) Regulations, 1965 provides "Subject to paragraphs 4 and 5 of this Regulation, the tra velling and subsistence expenses actually and 153: