The Gazette 1978

GAZETTE

APRIL 1978

REGISTRATION OF A NOTICE UNDER THE FAMILY HOME PROTECTION ACT 1976 IN THE REGISTRY OF DEEDS 71, Wellington Road, Dublin 4 3 March, 1978 Dear Sir, I recently had the task of registering a Noticc in the Registry of Deeds under the Family Home Protection Act 1976. I found that no precedent seemed to be available For this, and 1 had to draft my own Notice and Declara- tion verifying this. 1 suggest to some members of the Conveyancing Committee that they might like to "lick this into shape" &nd circulate it among the profession as a suitable Precedent to be used in such a case. No one on the Committee seems to be very clear about which index the Notice is registered on. There is obviously no problem in the Land Registry, as the Notice is registered on the Folio. In the Registry of Deeds, however, the normal index searched against is the index of Lands and I w onder if you could find out exactly what the Registry of Deeds do with the Notice. How would it turn up in a search? 1 attach a copy of my precedent for your file. Yours truly, Rory O'Donnell. Gear Mr. Ivers. I acknowledge receipt of your letter of 7th instant, with enclosures, which are returned herewith. To register a notice of marriage under Section 12 of the Family Home Protection Act in the Registry of Deeds we require an affidavit or statutory declaration by the applicant spouse which gives the names and addresses of Urth parties, states the date and place of the marriage and adequately identifies the property as a family home. Mr. O'Donnell's draft includes all these particulars. • The name of the property owning spouse is entered on the Index of names in the Registry of Deeds as "grantor" and a note entered ir.der the description of the property, or grantee, to the etTect: "Notice pursuant to Section 12 of the Family Home Protection Act 1976 AB (applicant spouse) is married to the said CD (owner spouse)". Yours faithfully, Ncvin M. Griffith, Registrar. Land Registry, Central Office. 15 March, 1978

PRECEDENT FOR REGISTRATION OF A NOTICE IN THE REGISTRY OF DEEDS 1, of in the County of give notice as follows: 1. I of am t h e l a w f u l s p o u s e of in t he C o u n t y of , having married h i m / h e r on t he 19 at in t he C o u n t y of 2. The said has an interest in the dwelling-house and premises known as (include the name of street town of village, townland, parish, barony and county). 3. The said dwellinghouse and premises described in the last foregoing paragraph are our Family Home within the meaning of Section 2 of the Family Home Protection Act. 1976. 4. I apply to have this notice of my marriage registered in the Registry of Deeds pursuant to Section 12 of the Family Home Protection Act, 1976. Dated day of of aged 21 years and upwards do solemnly and sincerely declare as follows:— 1. I refer to the above notice which I have signed my name in the presence of a witness before making this Declaration. 2. I say that the facts set out in this notice are true in every respect. 3. I make this Declaration for the purpose of verifying the particulars of the above notice under Section 12 of the Family Home Protection Act, 1976 and for the purpose of registering said notice in the Registry of Deeds pursuant to the Registration of Deeds Act, 1707 conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938. SIGNED by the said in the presence of:— I , of in t he C o u n t y

DE C LAR ED of

by t he sa id t h is

day at in the County

of b e f o re me a Commissioner for Oaths in and for the said County. COMMISSIONER FOR OATHS.

Independent Actuarial Advice Regarding Interests in Settled Property and Claims for Damages BACON & WOODROW Consulting Actuaries 58 Fitxwilliam Square Otiblin 2 (Telephone 762031) -

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