Dáil Éireann Debate, Tuesday - 2 November 2021
386. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if a land folio is guaranteed by the State; the assurances in this regard; and if he will make a statement on the matter. [52787/21]
View answerFor Land Registry Folios, the protection afforded to purchasers that is commonly referred to as a State guarantee is produced by the combined effect of several legislative provisions in the Registration of Title Act 1964, that is:
- Section 32, as amended by the Land and Conveyancing Law Reform Act 2009, dealing with errors in registration;
- Sections 52, 55 and 62(6) covering the effect of registration of purchasers; and
- Section 120 governing the payment of compensation.
The register is conclusive evidence that the person named is the owner as stated. However, there are a number of qualifications to the conclusiveness of the register, some of which are:
- It is not evidence that the owner is beneficially entitled to use and enjoyment of the land or that no burdens affect the land, except those registered (per Section 72 of the Registration of Title Act 1964, as amended).
- The Land Registry map, which is an index rather than part of the register, is not conclusive as to boundaries or extent, except as provided in the 1964 Act.
- Registration with possessory, qualified or good leasehold titles are not conclusive as to thetitle prior to registration.
- A person who acquires registered property under a voluntary disposition takes the property subject to all unregistered rights, including unregistered rights not protected by inhibition or caution.
