Seanad debates

Tuesday, 14 June 2005

Registration of Deeds and Title Bill 2004: Committee Stage.

 

5:00 pm

Photo of Paddy BurkePaddy Burke (Fine Gael)

Senator Tuffy raises an important point. It is mainly solicitors, architects or engineers who do most of the work before it goes to the Land Registry. The Land Registry office does not appear to conduct any check but simply registers what it receives. In many cases properties are not properly registered. I am aware of a number of cases where the property registered is not the property owned by the person. This is particularly true in housing estates. It is causing a huge problem for people who are seeking to re-finance or sell their property. They cannot sell their property unless they get the permission of the people on the boundaries of their property.

These properties are all registered incorrectly. They were registered on the basis of the information given by solicitors, architects and engineers. The people concerned must approach the neighbours on their boundaries and ask them to sign an affidavit or the like to have the property re-registered if they wish to re-finance or sell their property. Alternatively, if the purchasers of the property wish to register the property and the title to it is incorrect, the boundaries must be rectified. There is a rectification process.

In my case, the boundaries of the property I had registered are not the correct boundaries. I must go to all my neighbours and go through a boundary rectification process to have the property re-registered. There is a problem in this regard.

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