Written answers

Tuesday, 25 April 2006

Department of Justice, Equality and Law Reform

Registration of Title

9:00 pm

Photo of Willie PenroseWillie Penrose (Westmeath, Labour)
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Question 708: To ask the Minister for Justice, Equality and Law Reform if, in reference to previous questions concerning the leasing actions of the Land Registry Office, he will confirm the legal status of the statement contained at page 30 of the edition of the Law Society Gazette of 30 July 2004; and if he will make a statement on the matter. [15071/06]

Photo of Willie PenroseWillie Penrose (Westmeath, Labour)
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Question 709: To ask the Minister for Justice, Equality and Law Reform if the Land Registry Office is only entitled to issue land certificates upon the payment of the prescribed fee which at the present time is €25; his views on the fact that the Land Registry Office, upon cancelling a land certificate which already has issued is entitled to issue a new one free of charge; the way in which, in this context, the registered owner or the person entitled to be registered owner has to pay twice for the same document; and if he will make a statement on the matter. [15072/06]

Photo of Willie PenroseWillie Penrose (Westmeath, Labour)
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Question 710: To ask the Minister for Justice, Equality and Law Reform the reason a land certificate (details supplied) has not been returned to the solicitor acting on behalf of the registered owner, who has had and continues to have lien on same in respect of their costs and outlay until such time as they are paid, despite the fact that the said solicitor lodged with the Land Registry Office form 95 under rule 168 of the Land Registry rules; if, in this context, rule 168 of the Land Registry rules has been changed; if so, the statute, statutory instrument or order under which the change might have occurred; and if he will make a statement on the matter. [15073/06]

Photo of Willie PenroseWillie Penrose (Westmeath, Labour)
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Question 711: To ask the Minister for Justice, Equality and Law Reform if the ownership of land certificates in the ordinary way and according to constitutional rights is vested as registered owner or the person entitled to be registered owner; if in this context; the jurisdiction the Land Registry Office has in conjunction and in consultation with the Law Society and representative of the banks and any institution in Ireland to dictate as they have done in accordance with the advertisement set out at page 30 of the July 2004 edition of the Law Society Gazette, to change the Land Registry Office rules and the practices and procedures of the Land Registry Office whereby the land certificate, where a transaction involves the whole of the land therein is retained by the Land Registry Office without the authority or consent of the registered owner or the person entitled to be registered owner; and if he will make a statement on the matter. [15074/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 708 to 711, inclusive, together.

In my previous response to the Deputy on this issue on 27 April 2005, I set out in some detail the background to the change in Land Registry practice referred to. My response of that date set out the legal basis for the change in practice as well as consultative process which preceded it and the steps taken to disseminate information regarding the matter to all interested parties. I am further informed that the change of practice has the full support of the Law Society's conveyancing committee. The Deputy should note that no changes have been made to either the land registration rules or the Registration of Title Act 1964 as part of this process.

Under the Registration of Title Act, the Registrar of Titles is responsible for the management and control of the Land Registry and the changes in question fall within the scope of her ongoing management remit.

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