Clare Daly (Dublin Fingal, Independent)
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256. To ask the Minister for Housing, Planning, and Local Government the nature of the compensation process with respect to form 98 and rule 184 of the Land Registration Rules 2013 (details supplied); if problems with applicants have arisen; if the system has been examined recently; the constitutional position of property owners concerned by the digital mapping systems currently in use; and if he will make a statement on the matter. [39057/18]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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Section 120 of the Registration of Title Act 1964 (the 1964 Act) provides for the payment of compensation in circumstances where a claimant has suffered a verifiable loss as a result of an error originating in the Property Registration Authority (the PRA). The error must be in relation to registered land (whether of misstatement, misdescription, omission or otherwise, and whether in a register or in a registry map) and any entry in or omission from a register or registry map caused or obtained by forgery or fraud or any error arising from an official search or any inaccuracy in any office copy of a register or map.

The process relating to a claim of compensation under Section 120 arises with the lodgement of a completed application by the claimant (or their Solicitor) in Form 98 of the Land Registration Rules 2012 accompanied by the necessary proof of loss (such as receipts etc.) together with the prescribed fee.

A member of the Legal Services Division of the PRA investigates the claim to ensure that it comes within the remit of Section 120 of the 1964 Act and that the applicant has proved that he/ she has suffered the loss, as claimed. If the loss being claimed is relatively small it may be dealt with by the PRA who will reimburse the applicant for his/ her loss; otherwise, the claim is forwarded to the Chief State Solicitor’s office, for processing.  

The PRA keeps the scheme under review and addresses issues that arise on a case by case basis.

Property rights are protected by the Constitution.  The PRA guarantees the title to registered land and this is underpinned by Section 120 of the 1964 Act. It should be noted that the PRA also operates a non-conclusive boundary system in accordance with Section 85 of the Act as substituted by Section 62 of the Registration of Deeds and Title Act 2006.  Any digital mapping issues/updates are covered by Section 84 of the Act, as substituted by Section 61(2)(a) of the Registration of Deeds and Title Act 2006 and Rule 146 of the 2012 Rules.