Written answers

Thursday, 23 November 2017

Department of Justice and Equality

Property Registration Authority Administration

Photo of Seán FlemingSeán Fleming (Laois, Fianna Fail)
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125. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Questions Nos. 36 of 30 March 2017 and 83 of 22 February 2017, the backlog of land registry applications or transactions on hand with the Property Registration Authority, specifically relating to section 49 applications; the progress to date in training for staff of the PRA since the replies were given; the status of the proposed guides and videos for solicitors to improve the quality of applications lodged; the extent to which the delays continue to be monitored and supervised by the board of the authority; his views on the continuing delays in land registry applications and transactions; his further plans to deal more expeditiously with the backlog, particularly of section 49 applications, which is a cause of concern for many professionals in this area; and if he will make a statement on the matter. [49747/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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Further to parliamentary question numbers 36 of 30 March 2017 and 83 of 22 February 2017, I am advised by that the Property Registration Authority (PRA) which manages the Land Registry and Registry of Deeds, that some 200,000 Land Registry transactions will be completed in 2017, which is approximately 5% more than were completed in 2016.

At the end of October, there were 103,391 cases on hand in the PRA.  Of these, 2,296 are Section 49 cases, to which the Deputy specifically referred.  This represents about 2% of the total cases on hand in the PRA.  Of these Section 49 cases, 544 are awaiting attention.

Section 49 cases are based on adverse possession and are often legally complex as there are no deeds or documents of title to prove ownership. They generally require various queries to be raised by the PRA in order to prove the facts of possession as claimed on affidavit. Once a case has been fully established, notice must be served on all interested parties and appropriate time allowed for objections. As a result, there can routinely be ongoing and detailed correspondence between the PRA and other parties, which can run for some time.  The PRA must be fully satisfied that a case is fully grounded, the nature of the title proved and that all interested parties' concerns have been fully considered before registering a State guaranteed title which has been based solely on adverse possession.  While every effort may be taken to speed up the process, such applications, by necessity and legislation, may take a long time to process.

All other applications submitted that are fully in order for registration and that do not result in the raising of queries are dealt with in a very timely and efficient manner.  In 2017 to date, in excess of 62% of cases in order for registration which do not require a change to the map or examination of title are completed within ten days or less, while more than 70% of such cases are dealt with within 15 days or less.  Where a case is urgent and is brought to the attention of the PRA it will, in accordance with its customer service policy, deal with the matter as a priority.

The Deputy also refers to a number of initiatives previously outlined by the PRA which are aimed at reducing arrears.  The PRA has been enhancing its training and development programmes for managers and staff, and in particular for the large number of new staff in the organisation. This has included business process improvement training for staff in key areas, with a view to identifying and implementing more efficient processes.  The PRA has also now published a series of guides and videos for solicitors, again to help improve the quality of applications lodged and to assist in the reduction of cases being re-submitted, which add to the number of cases on hand. These went live on the PRA's website in August 2017. Advertising of the guides and videos was undertaken through the Law Society Gazette and the PRA’s website.  These measures are in addition to ongoing engagement with solicitors in various locations across the country, with a view to improving applications and well as improving internal PRA processes.

I would agree with the Deputy that unwarranted delays in the process of applications for the registration of property must be addressed and initiatives in this regard are being monitored by the Board of the Authority.  I am advised that the measures outlined above will increase efficiency and, in tandem with further development of ICT systems, will increase the case processing capacity and capability of the PRA in the coming years.

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