asked the Minister for Local Government whether he is aware of the great delay in the issue of loans by county councils because of the delay by the legal advisers to such councils in issuing the necessary certificates as to title; and, if so, whether he will take steps to remedy the position.
Ceisteanna—Questions. Oral Answers. - Delay on County Council Loans.
I am not aware that there has been any general undue delay in the issue of loans by county councils under the Small Dwellings Acquisition Acts because of delays by their legal advisers in issuing certificates as to title. Representations were made by a small number of local authorities regarding delays experienced in having mortgages registered in connection with advances under the Small Dwellings Acquisition Acts. An approach was then made to the Land Registry on the subject and an undertaking was received from the registrar in February last that such applications would, in future, be treated as specially urgent and would be given special priority in the Land Registry and have so been given.
Is the Minister aware that numerous representations are being made by tenant purchasers whose lands are not revested? Evidently the legal advisers to the local authorities do not consider their title as good, notwithstanding the fact that the Joint Stock Banks are prepared to accept mortgages against such property.
It is understood that the solicitor at present employed on a taxed cost basis by Clare County Council has been responsible for delays in disposing of some cases under the Small Dwellings Acquisition Acts. Since 18th November, 1948, 40 applications were submitted to the county solicitor to have title investigated. No reply was received from the solicitor in 30 cases. This is attributed by the solicitor to failure on the part of applicants to submit necessary documents or to reply to his queries. In four other cases prior charges on the land were discovered and the question whether advances could be made has to be considered by the manager. Two other applicants withdrew before a mortgage was executed and one application was disallowed. The remaining cases have been cleared. The solicitor has been requested to submit immediately a detailed report on the 30 cases still on his hands.
I am advised that this is not confined to Clare alone. I want to make that perfectly clear. It extends over the whole country and many people have experienced considerable inconvenience because of the fact that they incur liabilities with builders' providers and construct houses; when they subsequently make application for loans to the councils the legal advisers to the local authorities, because the lands are not revested, do not consider their title good title. When one remembers that there are over 2,000,000 acres of land still unvested one appreciates the magnitude of the problem.
The Land Registry are co-operating fully in trying to speed up these particular cases.
It is not the Land Registry which is at fault because the Land Registry does not enter into the picture until the lands are vested.
You must consult the Minister for Lands then.