Rectification of Error and Claims for Compensation
1. Rectification of Errors – General
When it is brought to the attention of the Land Registry that an error has been made either in the register or the Land Registry map, the correspondence should be promptly brought to the attention of the Divisional Manager of the region concerned together with all relevant folios, instruments, maps, etc. A dealing number should be given immediately. No admission of error should be made until the matter has been fully examined. When the Divisional Manager has fully considered the matter he may consider it advisable in consultation with the Deputy Registrar, to have entered on the folio(s) affected an Inhibition as prescribed by section 121 of the Registration of Title Act, 1964, and should notify the parties affected of such entry in accordance with that section. It is also proper that regret should be expressed for the error made.
It should be also pointed out that rectification of error in the register or map can be effected in accordance with section 32 (1)(a) of the Registration of Title Act, 1964, [as amended by section 55 of the Registration of Deeds and Title Act 2006] 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 under section 32 (1)(b) of the Registration of Title Act, 1964 [as amended by section 55 of the Registration of Deeds and Title Act 2006] if of the opinion that the error can be rectified without loss to any person. The Court can rectify the error under section 32(1)(c) of the Act [as amended by section 55 of the Registration of Deeds and Title Act 2006] or the provisions of section 120 of the Act may be appropriate.
Rule 7 of the Land Registration Rules, 2012, deals with the correction of clerical errors and otherwise and same may be relied on in endeavouring to procure rectification of errors by consent of parties effected where this is possible. No correction could, of course, be made by the Authority which would disturb registered legal interests.
As to mapping errors, see Rule 141 of the Land Registration Rules 2012 and practice generally as outlined in Practice Direction – Mapping Practice.
See also McAllister on “Registration of Title” at pages 285-292.
2. Claims for Compensation
Where an error cannot be rectified by consent it may be that same may be rectified by the Court under section 32(1)(c) of the Registration of Title Act, 1964, [as amended by section 55 of the Registration of Deeds and Title Act 2006], or other proceedings or that the register cannot be rectified. The party suffering loss for the error may file a formal application for compensation under section 120 of the Registration of Title Act, 1964, in Form 98 of the Land Registration Rules, 2012. The loss must be proved.
The procedure in relating to such claims is set forth in Rules 184 and 185 of the Land Registration Rules, 2012.
Application shall be made in writing to the Authority (Form 98)
On lodgement of the claim in Form 98, a fee of €40 (Item 28 Land Registration (Fees) Order 2012) . Same should be set up immediately as a dealing and sent to the Deputy Registrar with all relevant folios, instruments, a short Memo of the facts and correspondence, etc. The facts and merits of a claim should not be disputed with claimant. This is a matter for the Minister for Finance.
Also see McAllister “Registration of Title” at pages 298-302. It may be pointed that the cases referred to at page 300 of McAllister viz. In re M. J. Patterson 3 N.I.J.R. 90, 108 and in re. Local Registration of Title (Ireland) Act. 1891, and Serridge; Provincial Bank of Ireland v Trustees of Insurances Fund (1926) I.R. 169 have been recently overruled by the Supreme Court on appeal the case of claim of Sean Leonard (1982) (Folio 20518 Co. Limerick).
Property Registration Authority
1st December 2009
Updated 1 February 2013