The Gazette 1977

GAZETTE

MARCH 1977

COUNCIL OF THE SOCIETY

LAND REGISTRY Report of meeting held in the Department of Justice on 27 January 1977 1. The meeting was the fourth in a series of meetings being held periodically between the Council of the Incorporated Law Society and the Department of Justice to discuss Land Registry matters. 2. Present Representing the Incorporated Law Society: Mr. Ivers (Director General), Mr. Buckley, Mr. Lanigan, Mr. Moore, Mr. McEvoy, Mr. Noonan, Mr. O'Donnell. Representing the Department of Justice: Mr. Donnelly, Mr. Griffith (Registrar of Titles), Mr. Early, Mr. McMahon. 3. Mr. Donnelly welcomed the Law Society representatives and Mr. Ivers said that they appreciated the opportunity to air their views. 4. In the course of a wide-ranging discussion the following were the principal matters discussed :- (a) the overall position about delays in the Land Registry, particularly insofar as certain categories of work were concerned; (b) a deterioration in the position about priority searches; (c) the difficulties being caused by Folios not being available for inspection because they were "out" e.g. with a dealing — the difficulties being particularly pronounced where "omnibus" folios (i.e. where a number of holdings was registered on the one folio) were concerned; (d) the necessity for having Land Certificates at all; (e) the map reconstruction programme; (0 difficulties in connection with Maps required in sub-division cases; (g) the position regarding availability of Ordnance Survey maps; (h) delays in First Registration cases; (i) some implications of the Landlord and Tenant Bill, 1977; 0) difficulties caused for solicitors by the Registrar's requirements under the Family Home Protection Act, 1976; and (k) complaints about the Registry of Deeds. 5. The overall position about delays The Law Society representatives felt that the position about delays, particularly where First Registrations, Transfers of part and copy Maps were concerned, were at an unacceptably high level. Mr. Donnelly said that the difficulty was that, while the intake of work in the Land Registry was increasing significantly, no additional staff could be recruited to handle the increased work-load because of a general service-wide embargo on the creation of new posts.

Mr. Moore asked if statistical information about intake of work, delays, etc. could be made available to the Law Society. Mr. Donnelly said that there would be no difficulty about this. He suggested that, perhaps, Mr. Ivers would specify the Law Society's requirements in the matter. 6. A deterioration in the position about priority searches Mr. Buckley mentioned that, in his experience, the position about Priority Searches had been generally satisfactory until recently when he had noticed a marked lengthening in the time taken to complete these searches. Mr. Griffith said that he was not aware of any change in the position but he promised to look into the matter. 7. The difficulties being caused by folios not being available for inspection The difficulties were particularly pronounced where omnibus Folios were concerned. Mr. Griffith said that some of the Folios were constantly in use in different areas of the Registry and, accordingly, might not be readily available for inspection. Various suggestions as to how to solve the problem were discussed, including the possibility of having duplicate Folios maintained in a certain fixed location in the Registry. It was agreed that the Registrar would consider the matter further. 8. The necessity for having Land Certificates at all Mr. Moore, in particular, considered that Land Certificates were much more of a liability (e.g. through danger of loss) than an asset in the process of Registration. It was agreed that the Registrar would consider whether, or to what extent, the use of Land Certificates might be reduced. (The Registrar pointed out that amending legislation would be involved if the Land Certificates were to be abolished altogether). 9. The Map Reconstruction programme Mr. Lanigan drew attention to the estimate given at the last meeting (on 5 February 1976) that the pilot scheme for Co. Carlow would be completed before the end of 1976. Mr. Griffith said that the completion of the pilot scheme had taken longer than anticipated because of unexpected snags which had arisen. The present target date for completion was April. It was then hoped to start on the reconstruction of the Dublin maps. 10. Difficulties in connection with Maps required in Sub-division cases These difficulties have arisen as a consequence of the Registrar's requirement that applications should be accompanied by plans drawn on the current largest scale Ordnance Survey maps (in accordance with the Land Registration Rules 1972). This requirement was discussed at the last meeting when it was agreed that it would operate from 1st September 1976. 3 9