Effective legal protection
1. Enchained title and protection: Let’s suppose that someone appears as seller in a document or application for registration. However he’s not entitled to sell in accordance with the LR registration books or land books because precisely the registered owner is a different person who has nothing to do with that one. What would your LR response be?
The application would be rejected under the rejection policy, published on website www.prai.ie, and the lodging party would be requested to re-lodge with the relevant deed/document proving how the vendor became entitled to sell (i.e. either a prior deed under which the party became entitled to transfer/ an assent vesting the title in the vendor be lodged, or court order or affidavit of possession).
2. Entitlement to alter or modify LR terms. In your LR system, the entries or registrations in the Registration books or land books on the registered properties can be modified?
Rectification of error in the register or map can be effected by consent of the parties, by Deed of Rectification, Transfer, etc. The Authority may rectify the error after giving such notices as may be prescribed if of the opinion that the error can be rectified without loss to any person. The Court can rectify an error under section 32(1)(c) of the Act [as amended by section 55 of the Registration of Deeds and Title Act 2006].
Rule 8 of the Land Registration Rules, 1972, deals with the correction of clerical errors and otherwise and may be relied on in endeavoring to procure rectification of errors on notice to parties.
3. Notifications. What sort of notifications for parties or stakeholders do LR offices deal with legally?
Many notifications are made by the LR. On application by the registered owner of any registered interest, the applicant (usually a solicitor on behalf of an applicant) is notified of completion, refusal, and withdrawal if requested or abandonment where queries have not been dealt with. In many cases other notifications are made e.g. in cases of registration of a dealing other than by the registered owner, e.g. registration of judgment mortgage. In such cases notification post registration is made to the registered owner of the property.
In first registration or applications based on adverse possession under the Statute of Limitations Act, 1957 many potentially interested parties are notified prior to registration or a newspaper notice may be directed if current whereabouts of interested parties is unknown.
