Jerry Cowley (Mayo, Independent)
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Question 164: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if, when a person is attempting to claim an unused piece of land for themselves, under a Section 49 all neighbouring farmers should be notified of same and not just an advertisement in a local paper; his views on the fact that often where landowners live outside the country they are not aware of this change; if he will change this system; and if he will make a statement on the matter. [12366/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Property Registration Authority that Rules 17 and 18 of the Land Registration Rules 1972 deal with applications for registration based upon possession.

Rule 17 makes provision for applications for registration based on possession. Rule 18 provides that every title to property the subject of an application under Rule 17 shall be examined under the supervision of the Property Registration Authority (formerly the Registrar of Titles) and the Authority shall direct such searches, advertisements, notices and enquiries as it may deem necessary. I understand that the Authority's standard practice is to serve notice on the registered owner or the personal representative of registered owner and immediate next of kin if the registered owner died intestate. Normally, notice will also be served on all persons in occupation at the date of death of the registered owner, or their personal representatives if deceased. Other persons may also be considered for notice, e.g. adjoining owners, tenants under an oral tenancy, occupiers of other parts of folio lands, owners of charges, depending on the particular facts and circumstances of each individual case.

I am also informed that notices are usually published in a newspaper circulating in the area where the property is situated in all cases of doubt as to the identity or whereabouts of the owner or his successors, particularly in cases where the applicant asserts that he does not know the identity or whereabouts of the persons entitled or where it appears that the information furnished is incomplete. Where it is claimed that a person has left the jurisdiction, notices are published in a national or other appropriate newspaper and in certain circumstances notices are also served on the adjoining owners.