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Dáil Éireann díospóireacht -
Tuesday, 11 Nov 1969

Vol. 242 No. 4

Ceisteanna — Questions. Oral Answers. - Land Registry.

56.

asked the Minister for Justice if he will arrange with the Land Registry to receive documents being lodged personally without requiring the persons lodging the documents to await the physical arrival of the folio in question in the general office; and, if not, why.

Before an application or instrument, in respect of registered property, may be received for registration in the Land Registry it must be, among other things, prima facie in order for registration. This can be established only by consulting the relevant folio.

I am satisfied that the on-the-spot consultation of the folio is in the best interests of a person who calls at the Land Registry to lodge an application or instrument and, accordingly, I see no reason for a change in the present system.

Applications or instruments may, of course, be lodged by post.

Can the Minister say why it is that the Registry of Deeds has been able to operate for centuries under a system of the immediate lodgment of documents, while it is considered in the Land Registry to be impossible to accept documents until a folio, which is often misplaced, can be found? Is the Minister aware that this requirement necessitates a waiting period of anything from 15 to 16 minutes and more?

The Deputy and others here in Dublin are in a very privileged position because the vast majority of solicitors throughout the country have to do this business through the post. It is essential, to deal with the matter properly, that the folio should be produced. Questions of priorities of registration of charges, for instance, can arise. I should mention that 20 per cent of the applications in this city are refused because they are not in order. They are given back. It is necessary to have the folio produced so that they can see that the application is in order. A question of priority may well have to be determined as to which application is in order first in certain instances, as the Deputy is well aware.

Is the Minister aware——

Question No. 57. We have 114 Questions on the Order Paper.

I appreciate that. Just one further question. Can the Minister say why there is any difference between acceptance through the post and acceptance by personal lodgment? All the problems to which the Minister has adverted exist in relation to lodgment by post as well as in relation to personal lodgment. There is no difference.

If there is no difference the Deputy has no complaint because every solicitor in the country must have a bigger complaint than the Deputy who can attend there.

It is the convenience of the public I am concerned with.

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