‘Practical Guidance On PRAI Requirements For Registration Applications & Changes Introduced On 31^st December 2021’

This talk by the PRAI provides practical information to assist us in the preparation of the required documents and applications for lodgement in the Property Registration Authority to enable successful registration of Easements (e.g. Rights Of Way), Profits-á-Prendre, applications based on Possession, and the changes introduced on the 1^st December 2021 by the Land and Conveyancing Law Reform Act, 2021.

Key aspects covered in this talk include:

Easements & Profits-á-Prendre

• Characteristics of an Easement & A Profit-á-Prendre
• How Easements & Profits-á-Prendre Can Be Acquired
• Prescription Law – Legislative Changes:
  • Land & Conveyancing Law Reform Act, 2009 – Reforms
  • Civil Law (Miscellaneous Provisions) Act, 2011 – Timeline Extended
  • Land and Conveyancing Law Reform Act, 2021 – Repeal of 2009 Provisions
• Land and Conveyancing Law Reform Act, 2021 – new law
  • Claims based on Prescription periods completed before 1^st December 2009
  • Claims based on Prescription periods completed after 1^st December 2009
• Insertion of Section 49A of Registration of Title Act, 1964 – new method of acquisition – is it the correct route?
• Making A Section 49A Application to the PRA:
  • Documents Required
• Application Process
• Common Issues With Applications

Applications Based On Adverse Possession

• Two Types of Application:
  • Form 5 of the 2021 Rules – unregistered title
  • Form 6 of the 2021 Rules – registered title (“S.49 cases”)
• Minimum Documentary Requirements
• Drafting The Affidavits (Form 5 or Form 6):
  • Demonstrating Possession For The Required Statutory Period
  • Demonstrating Who Is Being Dispossessed
  • Establishing The Nature Of The Title Against Which Possession Is Being Claimed
• Structuring The Application – Pre-Lodgement Considerations:
  • When Separate Applications / Dealings Are Recommended
  • Several Plots
  • Personal Representatives – imminent sal
• Supporting Documents:
  • Land in Urban -v- Rural Areas
  • Where Fee Simple Ownership Cannot Be Shown
  • Boundary Issues
  • Searches
  • Corroborating Proofs:
    • Squatters & Successive Squatters
    • Devolution of Title, e.g. parent to child
    • Letting Agreements
    • Finders International Report
    • Grant Applications
  • Notices Following Establishing a Prima Facia Case
  • Objections – By Affidavit
  • Conflicting Averments

Speakers

Rosemarie Carr BL & Isobelle Lyons BL are both Barristers with the PRA. Isobelle is an Examiner of Titles in the Legal Services Division of the Property Registration Authority, and both have extensive knowledge and experience in processing First Registration casework and prescriptive easements.

Frank Wall is a Solicitor and an Assistant Principal Officer in the Western Region Legal Services Unit of the Property Registration Authority.

Category of CPD:	Category A (General)
Duration:	0.7 Hours