1 where the settlement was created by deed by a registered owner




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FORM 46
Application for registration as owner by a person entitled on the determination of the estate or interest of a registered limited owner in all cases where Form 45 is not appropriate, e.g.,

(1) where the settlement was created by deed by a registered owner,

or

(2) where the settlement was created by the personal representative and the persons claiming on the death of a registered owner and registration of the limited owner was effected prior to the commencement of the Succession Act, 1965,

or

(3) where the settlement was created by the will of a registered owner and registration of the limited owner was effected prior to the commencement of the Succession Act, 1965,

or

(4) where the settlement was created (a) by the will of a registered owner who died prior to the 1st June, 1959, or (b) by the personal representative and the persons claiming on the death of such a registered owner and registration of the limited owner is effected after the commencement of the Succession Act, 1965 (Rule 93)

LAND REGISTRY
County Folio
I, A.B., of make oath and say:-

(see Note (1))


  1. C.D. the registered limited owner of the property described in folio of the register County died on the day of (or, if the estate or interest of the limited owner determined otherwise than on death, state the facts that show it has determined).




  1. The settlement under which the said C.D., was registered as limited owner is – state deed or will creating the settlement and under the limitations thereof I am now entitled in fee-simple in possession.

(If there were estates or interests prior to the estate or interest of the applicant under the settlement which have determined, they should be referred to and the facts stated which show that they have determined. The application must show that the applicant is entitled in possession.)

  1. My estate or interest in the property is not subject to any burdens or rights created by or arising under the settlement.

or,

The settlement created the burden(s) or right(s) on my estate or interest in the property that is (or, are) set out in the Schedule hereto.



or,

The settlement created the burdens or rights on my estate or interest in the property that are set out in the Schedule hereto. Of these, those specified in Part II of the Schedule have determined or have been discharged. (I refer to the documents specified in the 2nd column of the said Schedule in evidence (see Note (2)) thereof.)




  1. There were no trustees of the settlement.

or,

The trustees of the settlement are dead and no new trustees of it have been appointed. The last surviving trustee was and his/her personal representative is of (or, and no representation has been raised to him/her).



or,

The present trustees of the settlement are and I/we refer to the order (or, deed) by which they were appointed and to their consent to my registration, which accompanies this application.




  1. I have not transferred, charged, or dealt with my estate in the property (except - give particulars of any dealing by the applicant with his/her estate or interest and assent to the registration of any dealing that is a burden) and I have no knowledge of any dealing affecting it other than those disclosed in this application.




  1. I apply to be registered as owner of all the property described in the said Folio

(if more than one person entitled state whether taking as joint tenants or tenants in common and if taking as tenants in common state the shares each transferee is taking)

subject to the burdens set out in Part I of the Schedule hereto to the registration of which I assent, and to the unregistered right for the protection of which I apply for the entry of the following inhibition. (See Form 77).




  1. My address in the State for service of notices and my description is:-

(give address and description)

Schedule

(The Schedule is only to be divided into parts where some of the burdens have been discharged)
Part I


Particulars of burdens and rights created by the settlement that affect estate or interest of applicant


Name of claimant (Where a minor or person of unsound mind, that fact with name of guardian or committee or trustee(s) under Section 57 of the Succession Act, 1965, or Section 19 of the Land and Conveyancing Law Reform Act 2009 to be stated)

Address in the State of claimant (and, where a minor or person of unsound mind, of his/her guardian, committee or trustee(s))










Part II





Particulars of burdens and rights created by the settlement that have ceased to affect estate or interest of applicant


Documents accompanying application in proof of discharge or cesser of burdens or rights (see Note (2))









Signature of deponent.

I. X.Y., hereby certify that I know the deponent.


Signature



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

(or, I know X.Y., who certifies his/her knowledge of the deponent).

Signature











Consent of trustees of settlement to the registration of successor to registered limited owner, to be endorsed on application
We. G.H.. and I.J. of , the trustees of the settlement under which C.D. was registered as limited owner on folio County

have read the within application of A.B., for registration as owner on the said folio.


The statements in paragraphs 1, 2, 3 and 4 of the said application are accurate.
We have no notice of any dealing by A.B. with his/her estate or interest in the property under the settlement that is not disclosed in the application (or, as the case may be). We consent to the registration of A.B. as owner on the said folio free from the burdens or rights created or arising under the said settlement (or, subject only to the burdens or rights created or arising under the said settlement specified in the Schedule (or, Part I of the Schedule) to the within application, which are the only burdens or rights in the settlement that now affect the estate or interest of A.B. thereunder).

Dated this day of 20 .

Signed:
(To be signed by the trustees and their signature attested. If not attested by a solicitor, an affidavit by the attesting witness may be required.)

Note (1) - The application may also be made by the trustees of the settlement. Where made by them, appropriate modifications of the form are to be made, and the assent of the owner to the registration of any burdens affecting his/her estate or interest should be lodged.


Note (2) - Where there are trustees of the settlement and they consent in the prescribed form to the registration, no evidence of the discharge of any burden created by the settlement other than their admission of its discharge or cesser is necessary.
Note (3) - If there is more than one applicant, the form should be amended accordingly.



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