I can inform the Deputy that applications for registration based on possession are dealt with under Section 49 of the Registration of Title Act, 1964. The processing of Section 49 applications is not affected by Land and Conveyancing Law Reform Act 2009, as title to be shown is based on “adverse possession” under the Statute of Limitations 1957.
These are complex legal cases which require a full case to be grounded on affidavit by the applicant. Section 49 applications rely on proof of possession over registered land and therefore do not require the input of an examiner of title.
I am advised by the PRA that when an application is received, it is given an initial reading at clerical level to ensure that the minimum requirements are met. An application may be rejected at this preliminary stage and returned to the lodging party. This initial assessment allows the PRA to eliminate at an early stage cases that are not suitable for processing and therefore avoids creating an arrear of cases that are not in order for registration. Due to the nature of the proofs required, these cases often require multiple queries as information unfolds in response to queries. When the claim has been fully established, notices must then be served on all interested parties. Notice parties regularly query details of the application and may subsequently lodge objections to the registration. Due to the nature of Section 49 applications being grounded on affidavits of possession followed by notice, these cases can take some time to process.
As with all applications in the PRA, this process is subject to ongoing business process improvement review to ensure that it is undertaken as efficiently as possible. I am further advised that the PRA continues to process urgent expedite cases on request.
