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LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 51

Registry of declaration.

51. Where any owner of an estate in fee simple in land, whether subject to any
fee-farm or other perpetual rent, in Ireland, shall desire to have his title
thereto investigated by the Court, and a judicial declaration made thereon
that he has a good and sufficient title to the same, as alleged by him, with
view to future sale, mortgage, or registration thereof, or other objects, it
shall be lawful for him to make an application to the Court for that purpose;
whereupon the said Court shall investigate such title and give such notices,
by advertisement or otherwise, as the Court may by general or special order
direct, and otherwise proceed in like manner as if a sale of such land had
been sought by the owner; and if such title shall appear satisfactory to
the Court, it shall be lawful for the judge to make and sign a written
declaration to that effect, which shall be sealed with the seal of the Court,
and shall state, in a schedule thereto, any leases, tenancies, and
incumbrances to which the Court shall find such estate subject; and such
declaration, so signed, sealed, and registered as herein-after mentioned,
shall have the effect of making such title so described in such declaration
(but subject to the leases, tenancies, and incumbrances referred to in such
schedule,) conclusive and indefeasible from the date of signing thereof by
the judge, in like manner as same would have been vested in a purchaser upon a
sale and conveyance to him by the Court upon an application to it for a sale
of the said land; and it shall and may be lawful for such owner to have such
declaration registered in the Office for the Registry of Deeds in Ireland;
which original declaration the registrar of such office is hereby authorized
and directed to file as he is now bound by law to do in respect to memorials
to deeds, and shall receive such fees on the registration of such declaration
as are now chargeable on the registration of deeds; and the registrar shall
enter in the books of the registry the name of the person mentioned in said
declaration as having such title, and the name and description of the lands
therein set forth, and shall refer to same on a requisition for searches, in
like manner as he is now bound by law to enter the names of parties and lands
as described in memorials of deeds, and make such return on requisitions as
aforesaid; and the registrar shall from time to time give attested copies of
such declarations to any persons who shall require the same, on payment of the
fees payable in respect of copies of memorials; and such copies of
declarations shall have all the effect in evidence which has been given by any
statute now in force with respect to memorials of deeds registered in the said
office...; and the said Court shall keep a record of such declaration in such
form and manner as shall be provided by a general order: Provided, that if
after such investigation of title under this section the owner may be at
liberty instead of obtaining such declaration, to have the land sold and
conveyed by the Court, and the fund realized by such sale disposed of, as if
the application had been originally to that effect.

© 1858 Crown Copyright

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