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Court of Appeal allows appeal of High Court ruling that there were no special circumstances which would permit a married couple, who were no longer the owners of certain registered land in Co. Monaghan, to view a dealing instrument in the Property Registration Authority as they had obligations to file accounts in relation to the company that formerly owned the land, on the grounds that the couple had a legitimate interest in securing the instrument whereby the lands of the company were transferred by the registered chargee to a third party, and they had established “special circumstances” within the meaning of rules that govern the inspection of the land documents.
Property Registration Authority – whether the register of lands is a public document open to the inspection of any member of the public, or only to those who appear from the register to have some estate or interest in the registered lands, or those who can show that the estate has devolved upon them in some way – Rule 159(1) of the Land Registration Rules 2012 (S.I. No. 483 of 2012) – s. 19 of the Registration of Titles Act 1964 – whether Mr. and Ms. Quinn are entitled to obtain a copy of the relevant dealing instrument in the Land Registry file – appeal of High Court ruling that there were no special circumstances for the purposes of Rule 159(9) of the 2012 Rules disclosed – whether the High Court judge was correct so far as the issue of special circumstances was concerned – the Genesis of Rule 159 of the 2012 Regulations and the Supreme Court’s decision in Re Fitzgerald – Land Registration Rules 1937 – Local Registration of Title (Ireland) Act 1891 – s. 104 of the (English ) Land Transfer Act 1875 – whether the applicants have established the existence of “special circumstances” within the meaning of Rule 159(9) of the 2012 Regulations – the Quinns were entitled to know the precise manner by which its lands were sold to a third party – “special circumstances” within the meaning of Rule 159(9) of the 2012 Regulations have been established – appeal allowed.
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