Written answers

Tuesday, 25 October 2011

Department of Agriculture, Marine and Food

Registration of Title

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 485: To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 215 of 13 October 2011, if he accepts the authenticity of a Land Registry sealed and certified copy of a folio which indicates the ownership of the property; when the DVO became aware of the existence of a dispute; if he will indicate the basis on which it was concluded that a dispute can directly affect the ownership of a property that is correctly registered in the name of an individual; if it is being asserted that probate purporting to encompass the estate inclusive of the lands is deemed to be the appropriate benchmark as opposed to certification of the ownership of the lands; if he is asserting that a will and or grant of probate arising equates with the existence of a duly certified document regarding the ownership of the lands as distinct from the estate; and if he will make a statement on the matter. [31194/11]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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As has been previously indicated to the Deputy, a herdnumber is an administrative arrangement under the Disease Eradication Schemes and does not denote ownership of stock or lands. Accordingly, ownership of land is not the primary concern in relation to registration as a herdowner under the Disease Eradication programme.

My Department is aware that, in the case in question, in February 2011, the Cork Circuit Court ordered that lands that were formerly owned by the original herdowner and transferred to a daughter now be divided between a son and a daughter. My Department is aware that this decision is being appealed to the High Court. In the circumstances, it is not intended to take any action in relation to the registration of the herdowner until the issue of ownership is resolved.

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