Niall Blaney (Donegal North East, IND-FF)
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Question 243: To ask the Minister for Justice, Equality and Law Reform if he will introduce legislation as part of the Registration of Deeds and Title Bill 2004, whereby rogue claims of title on land parcels can be dealt with in the courts; and if he will make a statement on the matter. [37082/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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It would appear that the Deputy is referring to claims of title to land based on adverse possession of the land.

The position is that applications for title based on adverse possession of land are made to the Land Registry under section 49 of the Registration of Title Act 1964. In such cases, the applicant claims that the rights of the registered owner have been extinguished under the Statute of Limitations and that the applicant is now entitled to be registered as owner.

The Land Registry considers all applications for registration based on adverse possession with particular care and attention. In each case, the facts and circumstances are examined in great detail by the Registrar of Titles. It is also usual for notices to be served on the parties whose rights, according to the application, have been extinguished by the passage of time. Some applications are withdrawn by the applicant on receipt of correspondence from the Land Registry outlining the legal conditions that are necessary in order to acquire title by means of adverse possession.

Where it appears to the Registrar of Titles that an application in any particular case is vexatious or frivolous or does not meet the stringent requirements of section 49, the application will be refused. It is open to any party to a section 49 application to appeal a decision of the Registrar of Titles to the courts but in practice such appeals are rare.

Section 119 of the 1964 Act also provides that a person who makes false claims under the Act commits an offence and is liable to the penalties contained in that section. I am increasing these penalties by means of an appropriate amendment of the 1964 Act to be included in the Registration of Deeds and Title Bill 2004.

The Law Reform Commission, LRC, and my Department have been engaged in a joint project with a view to modernising our land and conveyancing law, including provisions relating to adverse possession of land. This project culminated in publication of an LRC report containing a draft land and conveyancing Bill in July last. The Government legislation programme, which was published on 27 September, provides for publication in 2006 of a land and conveyancing Bill based on the LRC report.