HC Deb 30 July 1896 vol 43 cc1048-9

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland—(1) will he explain why the proprietor tenants on the Lennard estate, Clones, county Monaghan, who purchased their holdings under the Ashbourne Act, and obtained a certified copy of the vesting Order, which Order contained a map of the holding to which it applied, have, since the passing of the Local Registration of Titles Bill, been compelled to lodge the certified copy of the vesting Order with the Registrar of Titles, receiving in lieu thereof a land certificate without any map whatever; (2) is he aware that this has caused great inconvenience to those tenants in cases of disputed right of way or in litigation where maps can only be produced by going to the expense of having new ones made, or compelling the registration authorities to produce the vesting Order by subpoena; (3) whether in the cases of all purchases since the passing of the Act of 1891 the vesting Order and certified copy which are given to the purchaser contain a certificate in the margin that the title has been registered under the Local Registration of Titles Act, and no land certificate is issued; and (4) will he cause the old vesting Orders referred to, with a certificate endorsed thereon, to be returned to the tenants?


On registration, the land certificate supersedes the vesting Order as the evidence of title, and consequently the copy vesting Order held by the tenant is called in, and a copy land certificate is issued in lieu thereof by the Irish Land Commission, who retain the original. The inconvenience caused is hardly what the second paragraph would suggest, owing to the fact that the registered holdings are marked on the maps retained in the local offices as well as on those in the central office, and can be inspected there, or, if necessary, produced in Court by the registering authority. The vesting Order and certified copy referred to in the third paragraph are, in fact, the land certificate and copy land certificate. In cases in which vesting Orders are executed since the passing of the Act, the duplicate of the vesting Order is issued as a land certificate pursuant to Rule 36 of the General Rules made under the Local Registration of Titles Act. As regards the last paragraph, it would not be desirable to issue two certificates to the owner, as would be the case should a copy land certificate, and a copy vesting Order certified in the way suggested, be issued.