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Dáil Éireann debate -
Tuesday, 19 Feb 2002

Vol. 548 No. 5

Written Answers. - Registration of Title.

John Perry

Question:

373 Mr. Perry asked the Minister for Justice, Equality and Law Reform the progress made on a registration application by a person (details supplied) which was lodged on 19 November 2001; if it will be prioritised; and if he will make a statement on the matter. [5353/02]

I am informed by the Registrar of Titles that this application under section 49 – that is, acquisition of title by virtue of long possession – of the Registration of Title Act, 1964, was lodged on 20 November 2001. Dealing number D2001SMO08650E refers.

I understand that due to their complicated nature, applications under section 49, which require detailed examination of claims for registration as owners can take some time to process. Accordingly it is not possible to estimate a completion date at this stage. However, I can assure the Deputy that the matter will be completed as soon as possible.

John Perry

Question:

374 Mr. Perry asked the Minister for Justice, Equality and Law Reform the progress made on a registration application by a person (details supplied) in County Sligo; if it will be prioritised; and if he will make a statement on the matter. [5354/02]

I am informed by the Registrar of Titles that this application refers to a transfer of part which was lodged on 28 August 1998. Dealing number D1998SM005513E refers. I am further informed that the case should be completed shortly.

Dan Neville

Question:

375 Mr. Neville asked the Minister for Justice, Equality and Law Reform the waiting time to complete registration in the Land Registry regarding section 49 cases. [5369/02]

I am informed by the Registrar of Titles that an applicant under section 49 of the Registration of Title Act, 1964, claims that the rights of the registered owner have been extinguished by operation of law under the Statute of Limitations and that he/she is now entitled to be registered as owner. Such cases require considerable expertise and care and often involve detailed consideration. There is no guarantee that any such application made to the Land Registry will be successful. Each application is considered on the facts of the case. Virtually all cases involve further correspondence to satisfy the legal requirements as to the facts of a case and thereafter the service of notices on the parties outlined in the application whose rights, it is claimed, have been extinguished by the passage of time. Typically this process and correspondence with objectors can take a considerable period of time.

At present the total number of section 49 cases on hand is 2,699. Of this, 1,526 are currently being processed. During the year 2001 the number of section 49 cases completed was 1,202. A number of additional staff have recently been assigned to this area of work and it is expected that the position will improve throughout 2002.
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