Registration of Deeds Rules, 2013 (S.I. No. 387 of 2013)

STATUTORY INSTRUMENTS. S.I. No. 387 of 2013 ———————— REGISTRATION OF DEEDS RULES 2013 2 [387] S.I. No. 387 of 2013 REGISTRATION OF DEEDS RULES 2013 1. (1) These Rules may be cited as the Registration of Deeds Rules 2013. (2) These Rules and the Registration of Deeds Rules 2008 to 2009 (No. 2) may be cited together as the Registration of Deeds Rules 2008 to 2013. (3) These Rules and the Registration of Deeds Rules 2008 to 2013 shall be construed together as one. 2. These Rules shall come into operation on the 1st day of November 2013. 3. Application for registration of a judgment mortgage pursuant to Section 116 of the Land and Conveyancing Law Reform Act 2009 shall be made in Form 16 as set out in the schedule hereto and shall have endorsed [thereon] a certifi cate that the judgment was obtained, signed by the proper officer of the relevant District Court, Circuit Court or, in the case of a Supreme Court or High Court judgment, the High Court. 4. (1) Application for registration of a judgment mortgage in execution of a judgment for the payment of a sum of money that is recognised under the Brussels I Regulation shall be made in Form 16A. (2) The Brussels I Regulation has the meaning given to it by the European Communities (Civil and Commercial Judgment) Regulations 2002 (S.I. No. 52/2002). 5. (1) Application for registration of a judgment mortgage in execution of a European Enforcement Order for the payment of a sum of money shall be made in Form 16B. (2) European Enforcement Order has the meaning given to it by the Euro pean Communities (European Enforcement Order) Regulations 2005 (S.I. No. 648/2005). 6. Rule 3 of the Registration of Deeds (No. 2) Rules 2009 (S.I. No. 457 of 2009) is hereby rescinded. Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 11th October, 2013. [387] 3 SCHEDULE Form 16 Registry of Deeds The Supreme Court/High Court/Circuit Court/District Court Title: Record No: Between: A.B. Plaintiff and C.D. Defendant Note: To be completed in type face or with black pen using block capital letters 1. I, AB, aged 18 and upwards, of .................................................. the creditor within the meaning of Section 115 of the Land and Conveyancing Law Reform Act 2009 make oath and say as follows:— 2. I, AB, (or EF) of ....................................... (See Note) did on the day of obtain a judgment in the ................. court against CD of ................................................ in the above entitled Action, Matter or Cause. 3. To the best of my knowledge and belief, the said CD, the Defendant, at the date of swearing of the affidavit, has an estate or interest in certain lands the particulars of which are set out below: Description of the Property: POSTAL ADDRESS: Situate in TOWN: TOWNLAND: PARISH: BARONY: CITY: COUNTY: Area (if known) Map co-ordinates (if known) Geo Directory address (if known) *(USE additional sheet for further PROPERTIES) 4 [387] 4. I apply for registration of the said judgment as a judgment mortgage in the register of deeds. Signature of deponent. Sworn this the day of , 20, at in the county of before me a Commissioner for Oaths (or other qualified person) and I know the deponent I. X.Y., hereby certify that I know (or, I know X.Y., who certifies the deponent. his/her knowledge of the deponent). Signature Signature I certify that judgment was obtained in the above entitled action in the Supreme Court/High Court/Circuit Court/District Court Dated the day of 20. *Signature * of the proper officer of the relevant court referred to in Rule 3. [387] 5 Form 16A Registry of Deeds Court: (insert the name of the court or tribunal where judgment was obtained) Case reference No. (insert the court’s case reference number) Note: To be completed in type face or with black pen using block capital letters 1. I AB, aged 18 and upwards, of the creditor referred to in the order of the Master of the High Court dated the day of make oath and say as follows: 2. I, AB of did on the day of obtain a judgment in the (insert the name of the court or tribunal where judgment was obtained) against CD of. in the above entitled Action, Matter or Cause. 3. The judgment was declared enforceable by the aforementioned order of the Master of the High Court dated the day of. Record No. 4. To the best of my knowledge and belief, the said CD, the Defendant, at the date of swearing of the affidavit, has an estate or interest in certain lands the particulars of which are set out below. Description of the Property: POSTAL ADDRESS: Situate in TOWN: TOWNLAND: PARISH: BARONY: CITY: COUNTY: Area (if known) Map co-ordinates (if known) Geo Directory address (if known) *(USE additional sheet for further PROPERTIES) 5. I apply for registration of the said judgment as a judgment mortgage in the register of deeds. 6 [387] Signature of deponent. Sworn this the day of , 20, at in the county of before me a Commissioner for Oaths (or other qualified person) and I know the deponent I. X.Y., hereby certify that I know (or, I know X.Y., who certifies the deponent. his/her knowledge of the deponent). Signature Signature [387] 7 Form 16B Registry of Deeds Court: (insert the name of the court or tribunal where judgment was obtained) Case reference No. (insert the court’s case reference number) Note: To be completed in type face or with black pen using block capital letters 1. I, AB, aged 18 and upwards of the creditor referred to in a European Enforce ment Order certificate dated the day of make oath and say as follows: 2. I, AB of did on the day of obtain a judgment in the (insert the name of the court or tribunal where judgment was obtained) against CD of. in the above entitled Action, Matter or Cause. 3. The judgment was certified as a European Enforcement Order in the court of origin on the day of 4. To the best of my knowledge and belief, the said CD, the Defendant, at the date of swearing of the affidavit, has an estate or interest in certain lands the particulars of which are set out below. Description of the Property: POSTAL ADDRESS: Situate in TOWN: TOWNLAND: PARISH: BARONY: CITY: COUNTY: Area (if known) Map co-ordinates (if known) Geo Directory address (if known) *(USE additional sheet for further PROPERTIES) 5. I apply for registration of the said judgment as a judgment mortgage in the register of deeds. 8 [387] Signature of deponent. Sworn this the day of , 20, at in the county of before me a Commissioner for Oaths (or other qualified person) and I know the deponent I. X.Y., hereby certify that I know (or, I know X.Y., who certifies the deponent. his/her knowledge of the deponent). Signature Signature We, the Registration of Deeds and Title Rules Committee, constituted pursuant to the provisions of Section 74 of the Registration of Deeds and Title Act 2006 in exercise of the powers conferred on us by Section 48 of the Registration of Deeds and Title Act 2006, with the concurrence of the Minister for Justice and Equality, do hereby make the foregoing Rules. DATED this day of September 2013 MARY LAFFOY, Judge of the High Court JOHN T. COLEMAN, Chairman of the Property Registration Authority FRANK TREACY, Interim Chief Executive of the Property Registration Authority JAMES DWYER, Senior Counsel OWEN M. BINCHY, Solicitor I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by Section 48 of the Registration of Deeds and Title Act 2006, hereby concur in the making of the foregoing Rules. GIVEN under my Official Seal, 26 September 2013. ALAN SHATTER, Minister for Justice and Equality. [387] 9 EXPLANATORY NOTE (This note is not part of the instrument and does not purport to be a legal interpretation.) These Rules, which come into effect on the 1st of November 2013, amend the provisions for the registration of judgment mortgages pursuant to Section 116 of the Land and Conveyancing Law Reform Act 2009 to specifically include judgments of the Supreme Court, provide for the registration of judgment mort gages in execution of judgments of the courts of Member States of the European Community with the exception of Denmark that are recognised and enforceable pursuant to the Brussels I Regulation or as a European Enforcement Order and for an amended Form 16 and new Forms 16A and 16B. BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach díreach ó FOILSEACHÁIN RIALTAIS, 52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2 (Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843) nó trí aon díoltóir leabhar. —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased from GOVERNMENT PUBLICATIONS, 52 ST. STEPHEN'S GREEN, DUBLIN 2. (Tel: 01 - 6476834 or 1890 213434; Fax: 01 - 6476843) or through any bookseller. —————— €3.05 Wt. (B30144). 285. 10/13. Clondalkin. Gr 30-15.