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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Land Registry Donegal Deal.

Donegal Land Registry dealing delay

Summary

The dealing was lodged on 1 February 1985, after an earlier application had been abandoned; the Minister attributed the delay to the complex title involving commonage and both registered and unregistered land. Members challenged broader Land Registry delays, but the Ceann Comhairle ruled the discussion must remain focused on this case.

asked the Minister for Justice if with reference to a Land Registry dealing (details supplied) in County Donegal, he will state when it was originally lodged; when it will be completed; and the reason for the delay.

Comment on this
Alan M. Dukes Minister for Justice (Mr. Dukes) Fine Gael

I am informed by the Registrar of Titles that the dealing, the details of which were supplied by the Deputy, was lodged in the Land Registry on 1 February 1985. I am also informed that an earlier dealing in respect of the same land was lodged on 1 July 1981 and abandoned on 11 September 1984, as replies had not been received to all of the queries raised with the solicitor dealing with the case.

The dealing is an application for registration of title to unregistered land as well as registered land. The application is a complex one from the legal point of view and is the subject of protracted correspondence with the applicant's solicitor. Some mapping and legal questions are still unresolved and it is not possible at this stage to state if, or when, registration will be effected.

Comment on this

Notwithstanding the circumstances that are disclosed in the reply in this case, generally speaking the length of time——

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

I would prefer if the Deputy treated this as a specific question. As it is a specific question it does not provide an opportunity to raise the whole matter of the Land Registry.

Comment on this

The question was put down here for oral reply and it can be taken that it is done so as to highlight a situation which persists in the Land Registry. Therefore, I would submit that I am in order in asking about the generality of the situation of prolonged delays in the Land Registry which are causing serious embarrassment to people all over the country.

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

The practice has been that when a specific question about an old age pensioner or a Land Registry matter such as this is put down it does not afford a platform for across-the-board questioning on the position in the Department of Social Welfare or in the Land Registry. I would ask the Deputy to accept that.

Comment on this

I accept your ruling on that. But I would have thought that the Minister would take this opportunity to indicate the position regarding the very excessive delays that are taking place not only in the Land Registry but in all branches of the administration of justice.

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And it is a service that pays for itself.

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I take your direction on the matter, A Cheann Comhairle, but it might help the Deputy if I pointed out some of the unusual features of this application. It relates not only to unregistered land but also to commonage. 95/135ths is registered on eight folios and the remainder appears to be unregistered and it is this aspect that has caused the delays in this case.

Comment on this

Is this an unusual case?

Comment on this

Yes.

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If it was usual the same delays would take place, and that is a fact.

Comment on this

The last intervention by Deputy Taylor is an assertion, not a fact.

Comment on this