Seán Fleming (Laois, Fianna Fail)
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82. To ask the Minister for Justice and Equality further to Parliamentary Question No. 81 of 16 November 2016 (details supplied) if she will provide a detailed update on progress in this regard; and if she will make a statement on the matter. [8907/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I can inform the Deputy that Section 35 of the Land and Conveyancing Law Reform Act, 2009 as amended by the Civil Law (Miscellaneous Provisions) Act, 2011 provides for registration of easements (such as rights of way) and profits à prendre acquired by prescription (long use) to be made directly to the Property Registration Authority (PRA) under Section 49(A) of the Registration of Title Act 1964.

Prior to the 2011 Act, registration of these rights required a court order. The 2011 Act provided for an alternative mechanism for registration by way of application directly to the PRA for uncontested claims. Due to the nature of the proofs required, these cases often require multiple queries as information unfolds in response to queries. When the claim has been fully established, notices must then be served on all interested parties. Many notice parties may be served, for example where a right of way or a wayleave may run over several properties. Notice parties regularly query details of the application and may subsequently lodge objections to the registration. Due to the nature of Section 49(A) applications being grounded on affidavit followed by notice, these cases can take some time to process.

As with all applications in the PRA, this process is subject to ongoing business process improvement review to ensure that cases are processed as efficiently as possible. I am advised that the PRA has recently established a dedicated unit to process these cases centrally and staff in this area have participated in business process improvement training. It is anticipated that these new arrangements will take time to yield positive results. In the meantime, the PRA processes urgent expedite cases on request.

Seán Fleming (Laois, Fianna Fail)
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83. To ask the Minister for Justice and Equality her views on the time currently being taken to process certain types of applications (details supplied) by the land registry; her plans to amend the procedure to allow for more expeditious application processing; her views on whether administrative demands and requirements imposed by the Land and Conveyancing Law Reform Act 2009 may be a cause of these delays; and if she will make a statement on the matter. [8911/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I can inform the Deputy that applications for registration based on possession are dealt with under Section 49 of the Registration of Title Act, 1964. The processing of Section 49 applications is not affected by Land and Conveyancing Law Reform Act 2009, as title to be shown is based on “adverse possession” under the Statute of Limitations 1957.

These are complex legal cases which require a full case to be grounded on affidavit by the applicant. Section 49 applications rely on proof of possession over registered land and therefore do not require the input of an examiner of title.

I am advised by the PRA that when an application is received, it is given an initial reading at clerical level to ensure that the minimum requirements are met. An application may be rejected at this preliminary stage and returned to the lodging party. This initial assessment allows the PRA to eliminate at an early stage cases that are not suitable for processing and therefore avoids creating an arrear of cases that are not in order for registration. Due to the nature of the proofs required, these cases often require multiple queries as information unfolds in response to queries. When the claim has been fully established, notices must then be served on all interested parties. Notice parties regularly query details of the application and may subsequently lodge objections to the registration. Due to the nature of Section 49 applications being grounded on affidavits of possession followed by notice, these cases can take some time to process.

As with all applications in the PRA, this process is subject to ongoing business process improvement review to ensure that it is undertaken as efficiently as possible. I am further advised that the PRA continues to process urgent expedite cases on request.