Land Registry Execution Of Affidavits Abroad For Registration Purposes

Conveyancing 01/03/1986

In order to have uniformity of practice in the matter the Land Registry has confirmed that Affidavits and Statutory Declarations for use in proceedings in the Land Registry, in compliance with rule 201(2) of the Land Registration Rules 1972 and Order 40 Rule 7 of the Rules of the Superior Courts, may be taken in any foreign place or country before:

(a) Any Irish diplomatic or consular representative or agent exercising his functions in that country or place, or

(b) When there is no such representative or agent as at (a) above or no such representative or agent convenient near to the deponent in such country or place, before any notary public lawfully authorised to administer oaths in that Country or place, or

(c) Where such country or place is a part of the British Commonwealth of Nations or a British possession, before any judge, court, notary public or person authorised to administer oaths in such part or possession and the seal or signature, as the case may be, of any such diplomatic or consular representative or agent, judge, court, notary public or other person attached to or appended or subscribed to any such affidavit or declaration may be adopted on its face without further authentication or proof.

Further, affidavits sworn before a Solicitor in England or Northern Ireland are acceptable also, as a Solicitor in those jurisdictions is automatically a commissioner for oaths.