The Gazette 1983

GAZETTE

JANUARY/FEBRUARY 1983

General Valuation Department The Minister for Finance, in exercise of the powers conferred upon him by section 9 of the Annual Revision of Rateable Property (Ireland) Amendment Act, 1860, as adapted, has approved the scale of fees specified below for the supply by the Commissioner of Valuation of certified extracts from and copies of valuation documents in the General Valuation Office.

alities Commissioners' conveyances were made in pursuance of a policy designed to realise, for the benefit of the country generally, the assets of the Church of Ireland, initially by the sale of the land to the tenants. If the tenant did not wish to buy the land, it could then be sold publicly. There is one area where the situation is ambiguous, that is, in the transitional period from the 1st January 1871 to the 31st January 1874, when the Church Temporalities Commissioners exercised the powers of the Ecclesiastical Commissioners. In such cases, the Church Temporalities Commissioners would have sold and conveyed or vested land not under the Irish Church Act but under the Church Temporalities Act of 1833. On the other hand, since the ecclesiastical corporations had been dissolved and their property vested in the Church Temporalities Commissioners, the corporations could not join in the fee farm grant and their place would have been taken by the new Commissioners. In this way, it could be argued that a sale took place under the Irish Church Act, 1869. The practical solution is to save one's breath and register. With many titles, the conveyancer will not have access to the title documents between 1871 and 1891 and, if this is the case, care should be taken to ensure that none of the recitals in any of the deeds give notice of a possible defect. Conclusion Once a title appears to be registerable, the conveyancer should investigate the vendor's situation and satisfy himself that the title is not registerable in the vendor's hands. Under clause 15 of the 1978 edition of the Law Society Particulars and Conditions of Sale, it is only if registration becomes compulsory on the completion of the sale that the registration must be effected at the purchaser's expense. In other cases, the issue will fall to be decided on the basis of pre-contract requisitions and notice, as is the case with any other objection or requisition.• Footnotes 1. For a summary of the development of the distinction, see extract from the Judgement of Mr. Commissioner McCarthy in the case of "In re the Estate of Watson and Another" in Bowen, Statutory Land Purchase in ireland at page 399. 2. Two days before its dissolution as a body corporate under the provisions of the Irish Church Act. 3. See F.S.L. Lyons, Ireland Since The Famine, and R.B. McDowell, The Church of Ireland 1869-1969, Chapters 2 & 3. 4. See The Record of Title (Ireland) Act 1865 under which persons obtaining a conveyance from the Landed Estates Court of any land or lease or interest therein were entitled to have that conveyence recorded in the "Record of Title". Approximately 800 titles were involved all of which are registerable under S. 126(3) of the Registration of Title Act, 1964. 5. [1896] 1 IR p. 285. 6. [1946] IR. p. 56. 7. It should be remembered that property was acquired by the RCB between 1871 and 1964 otherwise than under the Irish Church Act. Such property would not be compulsorily registerable unless it had been purchased under the Land Purchase Acts. Section 25 of the 1964 Act only affects land acquired on or after 1st January 1967.

Extracts f rom Valuation Lists

Number of For current tenements or last year

For any previous year £ 7.20 11.40

£ 3.00 6.00

1 to 5 6 to 10

Plus £1.50 per alteration when a certified extract showing alteration in a valu- ation is required.

Every addi tional 10 or fraction thereof

4.50

9.00

Copies of Valuation Maps (not including cost of Ordnance Sheets) For

Number of lots 1 to 5 6 to 10

current

year

£6.60 £13.20

Plus 50% for conversion to a scale other than the scale of the current valuation map.

Every addi- tional 10 or fraction thereof

£6.60

Certified apportionments of valuation will be charged for at rates based on the expense of their preparation. Department of Finance. I hereby prescribe the following fees to be charged as from 1st January 1983 for the services performed by the staff of the Valuation Office for members of the public consulting Valuation Lists and Valuation Maps at the Valuation Office:— For production of one volume of the Valuation Lists and/or one Valuation Map relating to a hereditament described therein; cancelled documents relating to a period more than 15 year's previous to be 75 pence

the subject of a further similar charge; this fee to cover the right to make excerpts relating to the item under investigation and a freehand sketch of the hereditament. Alternative attendance fee (to be applied at the Commissioner's discretion where several extracts are required or the time spent in examination of the documents is considerable) without restriction on the number of documents produced.

£4.50 per hour •or part thereof.

Commissioner of Valuation •

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