Dáil Éireann Debate, Tuesday - 6 November 2012
815. Deputy Michael McCarthy asked the Minister for Justice and Equality his views on a situation relating to the charging of fees under right-of-way registration regulations as laid down by the new Land and Conveyancing Act; and if he will make a statement on the matter. [48366/12]
Amharc ar fhreagraI have been informed by the Property Registration Authority that at present applications for registration of an easement (which is claimed to have been acquired by prescription that is appurtenant to registered lands) attract a fee of €25 under the “other registrations for which no fee is prescribed” category of the current Fees Order. Under the new Fees Order (Land Registration (Fees) Order 2012) which comes into operation on 1 December 2012, the fee will be €130.
Where the title to the “dominant tenement” (that is the applicant’s lands benefitting from the right) is unregistered, an application for first registration of the title to those lands must be made. The first registration fees are currently €85, rising to €500 under the new Fees Order. However, in appropriate cases, the title may be certified by a solicitor in Form 3 of the Schedule of Forms to the Land Registration Rules. If title can be and is certified in Form 3, the fee will be €130 under the new Fees Order. The first registration fee, where payable, would be additional to the fee for registration of the appurtenant right mentioned above.
The Property Registration Authority can only process cases where the right is uncontested. In contested cases, or any other case, applicants may apply to the Court to have the right established. If successful, the Court Order is then lodged for registration of the right. The fee for registration of the right established pursuant to an order of the Court is currently €25, rising to €40 in the new Fees Order.
What is set out above relates only to fees payable to the Property Registration Authority. The Authority cannot comment on fees and costs that would be charged by a solicitor.
