Vesting Orders under Section 26 of the Courts Service Act 1998
Vesting Orders under Section 26 of the Courts Service Act 1998 – Legal Office Notice No. 6 of 2011
Vesting Orders under Section 26 of the Courts Service Act 1998
The Grand Juries Ireland Act 1836 provided that court buildings may be purchased or rented by commissioners appointed by the Grand Jury of the County. The lands and tenements were conveyed or demised to the said commissioners their heirs executors administrators and assigns in trust for the uses and purposes specified in the Act. The Commissioners of Public Works in Ireland were authorised, in certain circumstances specified in the same Act, to take a lease of premises for the purpose of building “session houses” at an annual rent not exceeding £50. There were further subsequent relevant enactments, including Section 72 of the Local Government Ireland Act 1898, which provided that Courthouses held for Grand Juries were transferred to Local Authorities
Section 26 of the Courts Service Act 1998 vests property, which is being used for the purposes of the Act, in the Courts Service without further conveyance, transfer or assignment. However, Section 26 provides that only the estate, term or interest existing immediately before such vesting and subject to all trusts and equities affecting the land in question is vested in the Courts Service.
Applications for registration of the Courts Service as owners of property, held for the purposes of the Courts Service Act 1998 and which was hitherto held by a Local Authority or Commissioners of Public Works in Ireland, are now being lodged. Documents lodged include a vesting certificate, (under the official seal of the Minister pursuant to Section 26(4) of the Courts Service Act 1998), together with an affidavit/statutory declaration confirming possession of the property by the Local Authority or Commissioners of Public Works.
Where title to the property is unregistered, or forms part only of Folio lands, a map also accompanies the application.
As these cases are statutory vestings, subject to what is stated below, all such applications, whether relating to registered or unregistered lands, should be dealt with in Dealings areas.
The following procedures apply for registered lands:
1. Check that a Local Authority or the Commissioners of Public Works in Ireland are registered as owners. If not, raise this with the lodging solicitors.
2. Subject as above, register the Courts Service as owners of the subject property as of the date of the vesting day specified in vesting order to be the date appointed by the Minister.
The following procedures apply for unregistered lands:
1. Check that the affidavit claims entitlement to the fee simple or freehold.
2. Check that the application is grounded only on the affidavit/statutory declaration that proves possession, the Minister’s vesting certificate and the map. In the event that there are other title documents lodged, the application should be submitted to an Examiner of Titles.
3. Subject as above; register the Courts Service as owners of the subject property, on the freehold register with POSSESSORY TITLE, as of the date of the vesting day specified in vesting order to be the date appointed by the Minister.
Fergus Hayden
Chief Examiner of Titles.
15th June 2011.