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Boundary Disputes

Dáil Éireann Debate, Friday - 16 September 2016

Friday, 16 September 2016

Questions (15)

Clare Daly

Question:

15. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to her reply to Parliamentary Question No. 108 of 27 January 2016, if she is aware of research related to increasing property boundary disputes (details supplied); if she is concerned by the harm such disputes could have on the trust which the public has in the State authority; if she will address matters (details supplied) related to the PRAI mechanism; if a person lacking adequate professional oversight could be involved in registrations or applications for same without that being open to challenge; and in determining whether an application map is suitable for registration purposes, does that determination by the PRAI rest on a narrow range of technical issues or if it also employs a consumer protection analysis. [24404/16]

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Written answers

I am advised by the Property Registration Authority (PRA) that it is not aware of any recent increases relating to boundary disputes. The research referred to by the Deputy comprises academic publications completed as part of third level studies and has, I understand, been considered by the PRA. Given the low participation rate in the associated studies and the admission of use of anecdotal evidence therein, together with the feedback provided to the PRA from its customers, the PRA has concluded that no changes to its mapping practice are necessary. Notwithstanding this, the PRA has a longstanding and valued relationship with solicitors, surveyors, engineers and architects in all matters pertaining to property registration. No concerns relating to a perceived increase in boundary disputes have been raised via this PRA Customer Focus Forum. The PRA engages fully with any parties to assist where possible in matters pertaining to the mapped representation of the registration. Section 85 of the Registration of Title Act 1964 as amended by Section 62 of the Registration of Deeds and Title Act 2006 provides that registered land shall be described and identified by reference to the registry maps concerned in such manner as may be prescribed and except as provided for in the Act, neither the description of land in a register nor its identification by reference to a registry map is conclusive as to its boundaries or extent. The PRA has in place a robust structure whereby the registered owners of properties or their representatives can engage with the PRA in relation to matters pertaining to the mapped representation of the registration. Disputes between parties in the absence of consent are matters for the courts and the PRA is not the appropriate body to deal with such disputes.

There is no requirement by the PRA that requires those engaged in the preparation of application maps to hold a professional qualification. However, the PRA in its guidelines recommends that application maps submitted for registration be prepared and certified by competent Land Surveyors. A comprehensive and detailed Mapping Practitioners Guide, which is published on the PRA's website, www.prai.ie, clearly states that the responsibility for the accuracy of boundaries submitted for registration rests with the applicant. The Appendices therein clearly set out the mapping requirements and act as a guide to solicitors and other land professionals in the preparation of application maps for registration. Application maps which do not comply with the Guidelines are rejected or queried by the PRA to ensure that its standards are adhered to prior to registration.

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