Vol. 541 No. 4
376 Mr. Ring asked the Minister for Justice, Equality and Law Reform when an application to the Land Registry Office by a person (details supplied) in County Mayo for a dealing to be included in a folio will be completed. [22705/01]
I am informed by the Registrar of Titles that this application refers to a Land Commission schedule vesting order which was completed on 13 September 2001.
377 Mr. Ring asked the Minister for Justice, Equality and Law Reform if there is a specific length of time a caution can remain on deeds of lands once placed on such deeds; if there is a requirement on the cautioner to act within a specific length of time; and the actions which must be taken in order to lift a caution. [22706/01]
I can inform the Deputy that there is no statutory limit on the length of time a caution may remain registered on a title. The only statutory requirement on the cautioner to act within a specific length of time is set out in Rule 132 of the Land Registration Rules, 1972, which provides that, once a registered owner applies to discharge a caution or a dealing of which the cautioner requires notice is presented for registration, notice shall be given to the cautioner warning him that his caution will lapse after the time stated in the notice. In practice, the time stated is usually 21 days after receipt of the notice. However, if the cautioner replies before the expiration of the notice period and makes a case for the continuation of the caution, such a case will be considered by the registrar who has the discretion to rule that the caution be continued, either indefinitely, or for a specified period, or that its entry be cancelled.
I can also inform the Deputy that in order to lift a caution, an application by a registered owner for the discharge of a caution shall be furnished to the registry, in writing, stating the grounds of the application, and shall state the facts alleged in support thereof. Thereafter, the procedure outlined in the second paragraph above will apply. The Deputy may be aware that the procedure for dealing with cautions are set out in Land Registry Practice Direction No. 11, which is available from the Land Registry's offices and on the Land Registry's website, www.landregistry.ie.
