Wednesday, 3 November 2021
Department of Housing, Planning, and Local Government
95. To ask the Minister for Housing, Planning, and Local Government the recourse the Property Registration Authority has when an application for first registration by way of a form 3, that is, such applications based on a solicitor's certificate in form 3 pursuant to Rule 19(3) of the Land Registration Rules 2012, is made and the information contained within the form 3 is subsequently proven to be incorrect; and if the Property Registration Authority has the ability to withdraw a folio if it is based on incorrect documentation. [53426/21]
I am informed by the Property Registration Authority (PRA) that, under the Form 3 procedure, the PRA effects registration based on the certification of the solicitor who investigates the title to the property registered. The solicitor certifying the title must be a practising solicitor, that is, s/he must hold a practising certificate from the Incorporated Law Society of Ireland. In addition, the solicitor certifying the title must be the purchaser’s solicitor, that is, the solicitor who acted for the purchaser in the relevant conveyance or assignment.
Section 32(1) of the Registration of Title Act 1964, as substituted by Section 55 of the Registration of Deeds and Title Act 2006, provides for the rectification of errors originating in the Land Registry and not cases such as those outlined by the Deputy.
In cases where incorrect information is provided in a Form 3 for which registration has been completed, the PRA has no legal basis to withdraw the folio from the Register. Rectification of the National Land Register for such cases rests with the solicitor and/or the applicant, and an appropriate application or a Court Order must be lodged in the PRA to ensure the title is accurately reflected in the Register and the Land Registry Map. The correct application will depend on the particular circumstances of the case, and the solicitor for the owner, rather than the PRA, is the appropriate person to advise on this. The PRA may, however, be able to assist a solicitor in avoiding queries, if they engage prior to lodgement.
Section 31(1) of the Registration of Title Act 1964 gives further power to the courts to make orders in a case of actual fraud or mistake.
In cases where incorrect information is contained in a Form 3 for which registration is still pending, the lodging solicitor should withdraw the dealing.