Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 180: To ask the Minister for Justice and Equality if his attention has been drawn to the many situations arising from the Property Registration Authority which is basing its registry maps on OSI topographic mapping and as a result in several situations where the boundaries under this system do not correspond with the natural boundaries on the ground which have been used by persons throughout the country as their rightful legal boundaries and which have been incorporated in all their previous land registration title deeds and documentation and that there is now enormous costs on large numbers of persons to regularise their boundaries in view of the fact they are now to be based on OSI site topographical mapping; if he will re-examine the situation with a view to coming forward with an approach to resolve these problems that are emerging throughout the country; and if he will make a statement on the matter. [40019/11]

Alan Shatter (Dublin South, Fine Gael)
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I wish to inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions. I am not therefore responsible to the Dáil for this matter. However, in order to be of assistance to the Deputy, I have had enquiries made with the Authority.

I am informed by the Authority that since its foundation in 1892 the Land Registry map has been based on the national mapping agency, Ordnance Survey Ireland (OSI) topographic maps. The Authority is legally obliged under Rules 9 and 174 of the Land Registration Rules 1972 to utilise OSI data revised to date.

The boundary system that operates in Ireland is known as the general or non-conclusive boundary system and the Deputy might wish to refer to section 174(2)(a) Land Registration Rules 1972-2009 accordingly.

The non-conclusive provision dispenses with the need to determine the exact location of title boundaries when defining the extent of registered properties and the ownership of the physical features which mark the limits of a property is left undetermined.

I have been assured by the Authority that the problem referred to by the Deputy, if it exists at all, is not of the order stated. The adoption of revised Ordnance Survey topographic detail is not a new phenomenon. The Land Registry has continually updated its map base to comply with its statutory requirements, has extensive experience in this regard and has developed precise guidelines along the way.

I would also like to refer the Deputy to my response to Question 353 of 2 November 2011 which may help him to understand the background to the issues which he has raised.