The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
In the year 1891 the Local Registration of Title (Ireland) Act was passed.
All lands sold under the Land Purchase Acts and vested in purchasing
tenants subject to land purchase annuities, are thereby required to be
registered in the central or local offices of the Land Registry. There is
a local office in each county in Ireland and a central office in the City
of Dublin, which is also the local office as regards lands in the county
of Dublin. When the holdings are vested in the purchasing tenants by the
Land Commission that department furnishes to the Land Registry the
necessary particulars for the registration of the lands. These particulars
are entered on the registers and the boundaries of the holdings are
delineated on the registry maps. A certificate, which is a copy of the
folio of the register, is then issued to the purchaser.
All subsequent dealings with the land must be registered, and no estate is
acquired by the transferee of registered land until his name is put on the
register as owner of the lands transferred (Section 25).
All registered land is divisible on the death of the registered holder
intestate “_as if it were personal estate_” (Section 85).
Lands acquired by Rural District Councils under the Labourers Acts are
also compulsorily registered in the Land Register.
The title of each purchasing tenant is registered on the application of
the Land Commission and without any application by him. As no
investigation of any of these titles is possible, each holding is
registered “subject to equities,” that is, subject to any rights of third
persons interested in the land. Before a transfer of the holding is
executed these equities are, as a rule, discharged.
When the work of the Land Purchase Acts has been completed, practically
the whole land of Ireland will be registered. The principal effect of such
registration will be to facilitate the sale of land by reducing the cost
and simplifying the process of transfer. Registration of title exists
wherever a peasant proprietary has been established. It is almost a
necessary concomitant of such ownership.
The Irish Act has been conceived on right lines, but it will in the near
future need much amendment.
Public-domain text, read in full here on John Shaqi.
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