Written answers

Tuesday, 2 November 2021

Department of Housing, Planning, and Local Government

Land Issues

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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385. To ask the Minister for Housing, Planning, and Local Government his views on discrepancies between the Land Registry maps and the TMI technology which digitised them with particular reference to providing the protocol of digitalisation practices that was implemented in this period; the persons or body that wrote same; if it was peer reviewed; if contemporary records are kept; if this information will be made available to the public; and if he will make a statement on the matter. [52786/21]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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I am informed by the Property Registration Authority (PRA) that under its Digital Mapping Project (2005-2010), the Land Registry plans and boundaries were transferred from the paper maps to the digital map. This digitisation, carried out in accordance with the guidelines set out in the PRA Digitisation Protocol Document, involved moving away from an increasingly deteriorating paper map system to providing access to accurate and consistent digital mapping, thereby resulting in a more dynamic and flexible organisation that was better placed to fulfil its strategic business objectives. Prior to its commencement, the PRA Digital Mapping Project was validated by eminent International mapping/land administration experts and shown to be fit for purpose.

The registration mapping framework maintained by the PRA has been underpinned by its link to Ordnance Survey Ireland (OSi) topographical data since the establishment of the Land Registry in 1892. The OSi base map did not, in any way, contribute to digitisation issues.

It should be noted that the Digital Mapping Project was much more than just a matter of transferring the registered land parcels from a paper map record to a digital map record. Some of the factors that contributed to the complexity of the challenges associated with the project were:

- moving all registrations from the now defunct County Series and Irish Grid map projections to the latest Irish Transverse Mercator map projection;

- that development schemes mapped on the PRA paper-based record were found to be at variance with the more accurate 'as built' layout presented by OSi;

- the transferring registrations, from Western seaboard counties, which were, up until the Digital Mapping Project, predominantly mapped on 1/10560 or 6” OSi mapping, had not benefited from any revisions for decades;

- deciphering map data on old Land Registry paper maps, some of which were 100 years old; and

- deciphering map data on badly damaged Land Registry paper maps.

The Digitisation Protocol was written by the PRA and underwent a robust governance process, extensive engagement with key stakeholders and customers and supported by OSi. The protocol is available on the PRA’s website at the following link: www.prai.ie/digitisation-protocol/

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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386. To ask the Minister for Housing, Planning, and Local Government if a land folio is guaranteed by the State; the assurances in this regard; and if he will make a statement on the matter. [52787/21]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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For Land Registry Folios, the protection afforded to purchasers that is commonly referred to as a State guarantee is produced by the combined effect of several legislative provisions in the Registration of Title Act 1964, that is:

- Section 32, as amended by the Land and Conveyancing Law Reform Act 2009, dealing with errors in registration;

- Sections 52, 55 and 62(6) covering the effect of registration of purchasers; and

- Section 120 governing the payment of compensation.

The register is conclusive evidence that the person named is the owner as stated. However, there are a number of qualifications to the conclusiveness of the register, some of which are:

- It is not evidence that the owner is beneficially entitled to use and enjoyment of the land or that no burdens affect the land, except those registered (per Section 72 of the Registration of Title Act 1964, as amended).

- The Land Registry map, which is an index rather than part of the register, is not conclusive as to boundaries or extent, except as provided in the 1964 Act.

- Registration with possessory, qualified or good leasehold titles are not conclusive as to thetitle prior to registration.

-A person who acquires registered property under a voluntary disposition takes the property subject to all unregistered rights, including unregistered rights not protected by inhibition or caution.

Photo of Patricia RyanPatricia Ryan (Kildare South, Sinn Fein)
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387. To ask the Minister for Housing, Planning, and Local Government if he will provide for information on his Department's review of siting and size conditions for rooftop solar panels on homes and a review of exemptions for educational and community buildings as part of the current development of interim planning regulations; if he will provide information on the stated need to consider environmental assessment reporting before finalisation; when the interim planning regulations will be submitted to the Houses of the Oireachtas; and if he will make a statement on the matter. [52789/21]

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