Application for registration where title is based on possession of registered land only (Rule 45 and Section 49) LAND REGISTRY County Folio I, A.B., of make oath and say—
1. I, (and my predecessors in title) have been in sole and exclusive beneficial occupation of the (describe the property) for upwards of years last past, and/or in sole receipt of the rents and profits thereof and no acknowledgment has been given by me (us) in favour of any person in respect of same or any part thereof.
2. (Describe how the occupation began and set out such facts as are relied upon in support of the applicant's claim to have established his/her title, e.g., deliberate squatting with intention to acquire the property; taking possession as one of the next-of-kin of a deceased owner against the personal representative of such owner, other next-of-kin, etc.; uses made of the property; the persons against whom he/she claims to have acquired his title (registered owner or his/her successors), departures or dispossessions, relevant deaths; next-of-kin, addresses for service of notices, etc.).
3. I am entitled for my own benefit to the fee simple interest in the property (or, otherwise as the case may be) and I am not aware of any contract or agreement for sale, or of any mortgage, charge, lease, agreement for lease, restrictive covenant, or incumbrance (or, except as stated in the Schedule hereto) affecting the property, or any part thereof, and I declare that there is no person in possession or occupation of the property or any part thereof adversely to my estate or interest therein.
4. I am not aware of any question or doubt affecting the title to the property, or any part thereof, or of any matter or thing whereby the title is, or may be impeached, affected, or called in question in any manner whatsoever.
5. There is not to my knowledge any person interested in the proceedings on the said application who is under the age of 18 years, or is of unsound mind, (except - give name and address of any person interested who is a minor or of unsound mind and of his/her guardian or committee, or trustees under Section 57 of the Succession Act, 1965, if any) and no proceedings are pending in any court relating to the said property (except - give particulars of any pending action or suit).
6. I apply to be registered as owner with absolute title of the property set out in paragraph 1.
(or, I know X.Y., who certifies his/her knowledge of the deponent).
Note (1) - Where the application is based on possession of unregistered land, Form 5 should be used and not this form.
Note (2) - Where application is made in respect of part of property in a folio under Rule 46, an application map should be lodged. The map should be referred to in the application as correctly showing the boundaries of the property.
Note (3) - Please note that an interest vesting in a minor creates a trust in land by virtue of Part 4 of the Land and Conveyancing Law Reform Act 2009. The guardians of a minor do not necessarily have capacity to act as trustees on his/her behalf (see Section 19 of the 2009 Act). Note (4) - If the application is made on behalf of a corporate body it may be made by the Secretary or Law Agent or it may be made by a person duly authorised by that body if it is averred that the person is duly authorised and has the necessary means of knowledge.
Note (5) A certificate by the Revenue Commissioners pursuant to Section 62(2) of the Capital Acquisitions Tax Consolidation Act 2003 [as amended by Section 128 of the Finance Act 2008] or, if appropriate, a solicitor’s certificate in the form prescribed by Section 62(7) of the Capital Acquisitions Tax Consolidation Act 2003 [as amended by Section 128 of the Finance Act 2008] should be lodged.
Note (6) - If there is more than one applicant, the form should be amended accordingly.