asked the Minister for Justice if he is aware that forms filed with the Land Registry on 9th December, 1969 in connection with a transfer of land (details supplied) have been mislaid and have not yet been brought to light despite an assurance that the Land Registry would deal expeditiously with the problem; and what action he proposes to take in the matter.
Ceisteanna—Questions. Oral Answers. - Land Transfer Form.
13.
I am not so aware. What the solicitors concerned say is that the documents were posted. The Land Registry, however, operates a system whereby the receipt of incoming documents is recorded as soon as they arrive in the Registry and I am informed by the Registrar that there is no record of the receipt of the documents. The Registrar is, therefore, satisfied that the documents were not, in fact, received in the Land Registry. The solicitors concerned are aware of the position. I am also informed that the only assurance that was given in this case was that the application would be dealt with expeditiously on lodgment of the required documents.
In pointing out to the solicitors that he requires original documents, the Registrar is exercising his statutory functions and it is not open to me to interfere with the exercise of those functions. I understand that it is clearly established that original documents must be submitted in all cases of transfers of registered land unless the High Court orders otherwise. It is to be assumed that the solicitors are aware that it is open to them to apply for the requisite court order if they feel that they can satisfy the court as to the facts.