John Perry (Sligo-Leitrim, Fine Gael)
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Question 244: To ask the Minister for Justice, Equality and Law Reform the areas in which a discrepancy arises on an individual holding in respect of the maps drawn up between 1928-1934 by the Land Registry Office, and rural place maps drawn up in 2000 by OSI; the person responsible for rectifying the matter; the procedure relating to section 49; and if he will make a statement on the matter. [32283/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Registrar of Titles that there is no necessary correlation between Land Registry boundaries and ordnance survey detail. Land Registry maps are based on ordnance survey maps. The maps lodged for registration are also based on ordnance survey maps or copy Land Registry maps. They delineate the boundaries of the property to be registered as agreed between the parties. The Land Registry transposes the title boundaries of the property from maps supplied by the applicants for registration to the office maps. The ordnance survey map reflects the physical features at the time that the survey is carried out. Unlike the Land Registry map, the ordnance survey map is not dynamic in nature and does not necessarily show current property boundary detail.

I am further informed that, 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. This is entirely a matter between the relevant parties. I am also informed that information in respect of applications under section 49 of the Registration of Title Act 1964 is available on the Land Registry website. However, it should be noted that this is a detailed and relatively complex area of land law and the circumstances of each case dictate the nature of the particular application. Anyone wishing to make an application should consult a solicitor in order to obtain the necessary legal advice and to prepare the application. The function of the Land Registry is to consider the merits of any application made. As the Land Registry may be required to deal with parties advancing conflicting claims in a section 49 application, it would not be appropriate, nor has the Land Registry any remit, in advising applicants in such cases.

Gerard Murphy (Cork North West, Fine Gael)
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Question 245: To ask the Minister for Justice, Equality and Law Reform if the Land Registry Office will issue instrument documents to a person (details supplied) in County Cork. [32289/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I wish to inform the Deputy that I have requested the Land Registry to contact him directly concerning the current position of the application in question. My understanding is that the position remains as outlined in the Land Registry's response to the Deputy of 25 October 2005.