Written answers

Wednesday, 25 January 2006

Department of Justice, Equality and Law Reform

Registration of Title

8:00 pm

Photo of Michael NoonanMichael Noonan (Limerick East, Fine Gael)
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Question 1096: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that the Registrar of Titles has placed a stay on the processing of all applications made pursuant to rules 17 and 46 of the Land Registration Rules 1972 or any case where the title claimed is based on adverse possession; if his attention has further been drawn to the fact that a large number of sales of property have been inhibited by this decision; if he will ensure that the advice of the Attorney General which has been sought by the Registrar of Titles is forthcoming at the earliest possible date; if legislation may be necessary; and if he will make a statement on the matter. [1038/06]

Photo of Denis NaughtenDenis Naughten (Longford-Roscommon, Fine Gael)
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Question 1130: To ask the Minister for Justice, Equality and Law Reform if the Land Registry has decided the action it intends to take on section 49 applications in view of the European Court of Human Rights judgment in the case of Pye [i]v.[/i] UK; and if he will make a statement on the matter. [1388/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 1096 and 1130 together.

The Registrar of Titles has informed me that the temporary stay that she placed, with effect from 7 December 2005, on the processing of applications based on adverse possession of land was temporary, pending consideration of the European Court of Human Rights, ECHR, judgment in the case of JA. Pye (Oxford) Ltd. v. the United Kingdom. The stay was lifted with effect from 5 January 2006.

The full implications of the judgment in this case have yet to be determined. However, it does not become effective until mid-February at the earliest. In the event of a successful appeal of the judgment by the UK authorities under existing appeal mechanisms, a new judgment will be delivered by the Grand Chamber in due course.

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