Clare Daly (Dublin Fingal, Independent)
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40. To ask the Minister for Justice and Equality if the Property Registration Authority has an obligation in registering property titles to ensure that physical property and title documents are at one, that is, that all titles are registered as conclusive rather than an opt-out being used throughout indicating the legal title deed is non-conclusive. [33160/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I can inform the Deputy that the registration of property in the Land Registry is governed by Registration of Deeds and Title Acts 1964 and 2006 and the Land Registration Rules 2012-2013.

Section 85 of the Registration of Title Act 1964 as amended by Section 62 of the Registration of Deeds and Title Act 2006 provides that “Registered land shall be described and identified by reference to the registry maps concerned in such manner as may be prescribed” and “ except as provided by the Act, neither the description of land in a register nor its identification by reference to a registry map is conclusive as to its boundaries or extent.”

Section 31 of the Registration of Deeds and Title Acts 1964 and 2006 states that “The register shall be conclusive evidence of the title of the owner to the land as appearing on the register...”.

Therefore, while the boundaries are not conclusive (Section 85, as amended), the legal title (ownership) of a property registered in the Land Registry is conclusive (Section 31). The existing non-conclusive boundary model has been in operation in Ireland since 1892. I also refer the Deputy to the reply to her Question No. 50 of 20October 2016.