Legal Office Notice No. 3 of 2019
Query Management/Review and Rejection of Applications Requiring Examination of Title, Section 49 Applications and Form 68 Applications – Legal Office Notice No. 3 of 2019
Effective from: 20th December 2019
1. General Lodgement of poor and inadequate documentation is a significant problem for the PRA. It is wasteful of resources and hinders registration workflows.
On foot of a recent audit of practices in the area of first registration the PRA has decided to amend its practice in relation to applications for first registration of unregistered land requiring examination of title (Form 1, Form 2 and Form 5 applications) and in relation to applications pursuant to Section 49 and Section 49A of the Registration of Title Act, 1964, as amended.
Unlike applications in respect of registered land, the rejection of these applications results in no loss of priority, as the date of registration is the date of settling of the application, not the date of lodgement.
2. Applications Not in Order are to be Rejected From 1st February 2020, all First Registration Applications, Section 49 applications and Prescriptive Easement applications lodged in Form 1, Form 2, Form 5, Form 6 or Form 68 of the Land Registration Rules 2012 & 2013, which are not in order and cannot be registered, are to be rejected. In such cases, all documents should be returned to the solicitor. If an application is to be rejected, the case should be read in full and all rulings arising are to be raised in the rejection letter.
3. Discretion for Minor and Easily Remedied Issues Where an application contains a minor omission or apparent error which may be easily and quickly remedied, the officer processing the application has a discretion to query the matter and not reject. Example of the types of omission which might not result in rejection is non-payment of fees, an omission which may now be quickly corrected by electronic funds transfer, or where the explanations of acts appearing on searches lodged have not been certified.
4. Processing of a Re-lodged Application Upon re-lodgement of a previously rejected application, such application should only be rejected if:
- the issues with the initial application form and title documents set out in the rejection letter have not been fully addressed and satisfied.
- issues arise with an application form or title documents that were not lodged as part of the initial application.
Any issues with the initial application not originally raised upon rejection should be queried by issue of rulings and should not give rise to a second rejection of the application.
5. Query Management and Review Practices Queried cases are to be pro-actively managed and a review system operated. If, after the period of three months, replies to queries raised have not been received, an initial reminder notice is to issue. This period may be extended at the discretion of the officer handling the application. If no response or an inadequate response is received within the relevant time period, the application should be abandoned (Rule 183 LR Rules 2012).
20th December 2019