I propose to take Questions Nos. 228 to 230, inclusive, together.
I am informed by the Registrar of Titles that section 105(1) of the Registration of Title Act 1964 provides that a land certificate, once issued, shall be produced on the registration of any subsequent transaction and "shall be either cancelled or so altered as to be brought into conformity with the register". The practice of the Land Registry, prior to September 2004, had been to adopt the latter course. However, in order to respond to changing circumstances and following a process of consultation, it was decided by the Registrar of Titles that, from September 2004, the former option would be adopted where there was a change of ownership, that is, when a title ended so too did the certificate of that title.
The background to this change in approach was a growing awareness on the part of the Land Registry and its customers that the practical requirements for safe storage of land certificates and the continuous handling and processing of them had become something of an anachronism. This has become particularly clear as moves towards electronic conveyancing gather pace. The list of advertisements in the Law Society Gazette every month relating to lost land certificates reveals the scale of the problem, which is a time consuming and expensive burden on solicitors, the Land Registry and ultimately the public.
For some time, the Land Registry has been involved in an ongoing process of discussion with representatives of the conveyancing committee of the Law Society, the Irish Mortgage Council and other customer representatives and since the introduction of the integrated title registration information system, ITRIS, and the electronic access service, EAS. In 1999, the Land Registry, in conjunction with local bar associations, hosted a large number of seminars and information sessions for practitioners around the country. I understand that at virtually all of these seminars the subject of land certificates and the attendant difficulties were discussed and a variety of views expressed. All views were taken on board and a discussion document was prepared by the Land Registry which was circulated to the representative groups.
This document identified a number of options for consideration as part of the consultative process. These included, (a) complete abolition of land certificates; (b) a change in format of the land certificate and (c) cancellation of the certificate on change of ownership. Having taken on board all of the views expressed, and as options (a) and (b) would have required either legislative change or rule change, it was felt by the Registrar of Titles that option (c) represented the best way forward at this point. I understand that it was unanimously agreed by all parties in the consultative process that the practice of re-issuing land certificates following a change of ownership would cease, that is, when a title ended so too did the certificate of the ownership of that title. The right of a subsequent owner to apply for a certificate in respect of the new ownership, should they so decide, still exists.
Notification of this agreed change of practice was published in the form of advertisements in the Law Society Gazette in July 2004 by the Land Registry, the Law Society conveyancing committee and the Irish Mortgage Council. I am further informed that this was also communicated by post to all solicitors' practices and was published on the Land Registry's website.
