From time to time the need arises for an application to the Land Registry by a registered owner for the opening of a new folio for part of his registered land, separate from the rest, but not involving a change of ownership. For example, he may want to have the dwellinghouse and ground attached to it on a separate folio, or, he may want a new folio for a site on which he proposes to build a new dwellinghouse.

Practitioners are advised that the Land Registry will accept a simple application along the lines set out below. A formal transfer is not necessary or appropriate as it is not a transfer of the part to another person. At the same time care should be exercised to ensure that the application is within the ambience of the Family Home Protection Act 1976.

The following form of application may be used:

LAND REGISTRY

Application for a new folio for part of registered land not involving a change of ownership.

County: Folio:

I .............. the registered owner of the lands described in Folio ....... of the Register of ....... County ....... hereby apply for the opening of a new folio in respect of that part of my said lands specified in the Schedule hereto.

IT IS HEREBY CERTIFIED that the Irish Land Commission have given their consent pursuant to Section 12 of the Land Act 1965 to the sub-division of the lands described in Folio ....... County, or

IT IS HEREBY CERTIFIED that Folio ....... of the Register of ....... County ....... is not affected by any of the circumstances listed in paragraph 6 of the general consent to sub-division dated 1st July 1980 SR 13/77.

SCHEDULE Part of the townland of ...... described in Folio.....County......containing ...... or thereabouts statute measure being the lands edged in red and marked witht eh letter "B" on the O.S. map annexed hereto [and referred to in the Land Commission letter of consent to sub-division dated ..... lodged herewith]. Dated this ...... day of ...... 19 ....... Signed by the said ........ the registered owner, in the presence of: To: The Registrar of Titles, Central Office, Land Registry, Chancery Street, Dublin 7. UPDATE: The registered owner may not want to charge all of a folio, but part only and, in this regard, sub-division may be necessary. provision should be made whereby the portion being mortgaged is capable of being transferred e.g. by a mortgagee selling such portion as mortgagee in possession.