John Perry (Sligo-Leitrim, Fine Gael)
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Question 661: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the difficulties that were encountered in correspondence (details supplied) with the maps from the Land Registry Office; and if he will make a statement on the matter. [29197/05]

John Perry (Sligo-Leitrim, Fine Gael)
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Question 662: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that the Land Registry maps from 1928 to 1934 and the rural place maps from the year 2000 are of the same scale (details supplied); the steps which have been taken to rectify these discrepancies as persons have to amend and correct the boundaries at their expense following the consultations with the Land Registry Office; and if he will make a statement on the matter. [29198/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 661 and 662 together.

I am informed by the Registrar of Titles that the applications referred to by the Deputy relate to two applications for transfer of part. Dealing Numbers D2003SM002149U and D2003SM002087R refer. The original registration made regarding this property in the Land Registry appears to be correct in accordance with the documents and maps lodged at that time. Any discrepancy arising with the maps being lodged with the current application has not arisen as a consequence of an error in the registration process.

It should be noted that there is no necessary correlation between Land Registry boundaries and ordnance survey detail. A Land Registry map shows the boundaries of the property as agreed between the parties and outlined on the map lodged by the parties at the time the registration was made. The Ordnance Survey map reflects the physical features at the time that the survey is carried out. The Registrar of Titles has informed me that it is not the function of the Land Registry to adjudicate on any discrepancies between the two maps referred to by the Deputy. The position in this case is that parts of the property being transferred in the above dealings are outside of the registered boundaries of the folio. Where part of a property being transferred is outside of the registered boundaries of the property, as registered on the Land Registry map, the appropriate mechanism for any changes to the boundaries is to obtain the consent of the affected parties. The Registrar of Titles has confirmed to me that this position has been brought to the attention of the lodging solicitor. As this is entirely a matter between the parties, no consultations between the Land Registry and the ordnance survey have taken place.

It is not a matter for the Land Registry to comment on who is entitled to consent to a change in boundaries if the registered owner of a folio is deceased. Any application for registration under Section 49 of the Registration of Title Act 1964 is a separate matter and must be adjudicated on its own merits. The Land Registry has no function with regard to an application for planning permission or to the erection of buildings on a property.