The Gazette 1980

SEPTEMBER 1980

GAZETTE

CONVEYANCING NOTES Land Commission Consents General Consent to Subdivision The attention of members is drawn to the recent edition of the General Consent (June 1980) issued by the Land Commission and circulated to the profession. This consent corresponds generally with the version issued in December 1977 save for the important fact that the per mitted maximum size of individual sites within the frame work of the consent is increased from 1 acre to 1 hectare (2.471 acres). The limitation in paragraph 6 (ii) of the General Consent, the provision relating to the minimum size of the balance of the holding, is now two hectares instead of 5 acres. Paragraph (vi) (iii) of the 1977 form of consent pre eluded more than five divisions of a holding. Under the new consent the number of subdivisions is not relevant, the limitation is now one of area and the limit is 2 hectares. The amended consent should be carefully studied. Section 45 Consent The Society has again applied to the Land Com mission to bring in a General Consent under Section 45 to cover the increasing number of housing estates, indus trial estates and shopping centre developments which are situate outside the town, urban district or borough limits referred to in the Section. There are now wide areas of the country outside such limits which have been developed for housing or industrial estates or shopping centre developments. County Dublin is a particular example of this. It could hardly have been the intention for the Land Commission to retain control over the vesting of owner ship in suburban housing. It is equally hard to under stand why control of the vesting of ownership in indus trial estates should remain with them. In some cases on industrial estates there is an alternative but it is not always possible to certify that the user of a proposed unit is for " an industry". Since the results of applications for consents in these areas seem to be automatically granted it is not at all clear why the bureaucratic procedures still have to be gone through. It must be very doubtful that the intention of the Land Act was to give the Land Commission control over consent to vesting in relation to housing, industrial or shopping developments and probable that this merely arose as a result of the excessibely strict wording of the Act. Registry of Deeds in the following circumstances. The freehold title was registered in the Land Registry on a freehold Folio and a Lease for more than twenty one years had been granted of part of the lands in the Folio prior to the 1st January 1967 (the date of the coming into force of the Registration of Title Act 1964). No leasehold folio had been opened in respect of the leasehold interest and the Lease had not been registered in the Registry of Deeds. The Solicitor concerned had then been asked to have the Lease 178 Section 46(i) Local Registration of Title (Ireland) Act, 1891

At the Conveyancing Seminar in Blackhall Place held on Saturday the 27th September a Solicitor asked as to whether there was an obligation to register a Lease in the registered in the Registry of Deeds but felt that it was unnecessary to do so. The speakers' panel expressed the view that registration in the Registry of Deeds was not necessary although all subsequent documents dealing with the leasehold interest, including Assignments and Mortgages would of course have to be so registered but were unable to quote the precise authority for their view. Mr. Dermond Moran volunteered what turned out to be the correct answer namely that there was a specific section in the Local Registration of Title (Ireland) Act 1891 which dealt with the position. Section 46(i) of that Act provides "Registration of a burden under this Act shall have the same effect as, and make unnecessary, registration of any deed or document relating to such burden, in pursuance of any other public general or local and personal Act of Parliament or of any Provisional Order confirmed by Parliament, but in case of a leasehold the ownership of which is not registered in any subsidiary register under this Act, such exemption from the necessity of registration in pursuance of the Acts relating to the Registry of Deeds shall extend only to the lease itself, and not to any other deed or document relating to the title to a leasehold." On the coming into operation of the Registration of Title Act 1964 the position changed radically in that it then became obligatory to open new leasehold Folios for any leasehold interests for more than 21 years. In view of the fact that there was some confusion as to the correct position the Conveyancing committee felt it might be helpful to publish this note clarifying the position. 4 Q n INTEREST TAX NOT DEDUCTED Fixed Interest Rates on Deposits over £25,000 DETAILS ON REQUEST ( 1 v (»f Dublin Bunk < ill ITS ,I i i unplcli • B.inkmq Si 7 \ *[)f POSIT ACCOUNTS *( IJHRI NI ACCOUNT I AC II till S *SI \( )K I AN!) Ml I >l( IM II KM I ()ANS TNSIAI MI NI CHI DM I AC II Fill S CITYOF DUBLIN. BANK™ U 12.Telephone 760141 Telex 24198 | Lower Merrion Street, Dublin!