Mapping Practice

Mapping Practice

1 Introduction

2 The Land Registry Map

3 Maps suitable for Registration Purposes

4 Areas on Folios

5 Inspections

6 Seedpoints, MSB markers, locator marks

1 Introduction:

1.1 The purpose of this Practice Direction is to update the existing mapping directions, to introduce and explain the new map products and inspection facilities that are available to customers as a result of the introduction of digital mapping.

1.1.1 Specific instructions and guidelines for customers are outlined in the Practitioner's Guide and the Appendices. The Practitioner’s Guide and Appendices were prepared to inform and advise customers and account holders about map products that are now available and to explain how to use the Registry’s online map.

1.1.2 Out of necessity this document and the appendices will change when further enhancements are introduced and work practices change and evolve.

1.2 Sections of the Acts and Rules commonly recited:

· The Registration of Title Act, 1964

Section 84 as amended by section 61 of the Act of 2006

Section 85 as amended by section 62 of the Act of 2006

Section 86

Section 87

Section 88

Section 89

Section 107 as amended by section 5 of the Act of 2006

Section 125


1.3 Abbreviations:

“the Act of 1964” – Registration of Title Act, 1964

“the Act of 2006” – Registration of Deeds and Title Act, 2006

“LR Rules 2012” – Land Registration Rules, 2012

“the Authority” – Property Registration Authority

“PRA” – Property Registration Authority

“Registry” – The Land Registry

“OSi” – Ordnance Survey of Ireland

“ITM”– Irish Transverse Mercator coordinate reference system

1.4 Other Documents & Guides referred to:

Practitioner’s Guide 2010

Mapping Procedures for First Registration of a Property, Sub-divisions of Registered Property, Rights over Registered Property.

Appendices:

Appendix 1: Basic Requirements for acceptance of maps in Land Registry

Appendix 2: Mapping Rejection Slip

Appendix 3: Mapping Procedures for Registration of Development Schemes

Appendix 4: Requirements for acceptance of Computer Generated Paper (Hard Copy) Maps

Appendix 5(a): Mapping Procedure for Registration of Multistorey Developments

Appendix 5(b): Transfers of Common Areas under Multi-Unit Developments Act 2011

Appendix 6: Checklist for Multi-storey Development Plans

Appendix 7: Required structure for CAD files for Registration Purposes

Appendix 8(a): Official Property Registration Authority Maps

Appendix 8(b): Ordnance Survey Ireland ITM ‘Land Registry Compliant Map’

Appendix 9: Legends and Symbols on the Land Registry Map

Appendix 10: Glossary of Terms and Acronyms

Appendix 11: MSB Search using www.landdirect.ie

2 The Land Registry Map:

2.1 The Land Registry maintains a general and/or index map that records the position and extent of every registered property. The Registry map is based on the Ordnance Survey Maps for the State.

2.1.1 Rule 146 of the LR Rules 2012:

“146. (1) Registry maps shall be maintained in paper form or in electronic form, for the plans of property described in the registers.

(2) Where the registry maps are in paper form they shall include ─

(a) general and/or index maps showing thereon the position and extent of every registered property,

(b) any map adopted under the provisions of section 84(2) of the Act (as substituted by section 61 of the Act of 2006).

(3) Where the registry maps are held in electronic form they may be displayed or reproduced in such a manner as the Authority may determine.

(4) The maps maintained shall be on such map projection, with necessary or obvious adjustments to conform to Ordnance Survey Ireland detail or with such consents of after such enquiries or notices, as the Authority directs. Where this is not feasible maps may be maintained for such areas and on such scales as the Authority allows.”

2.1.2 Land Registry archived paper map scales:

· 1/10,560 or 6 inch to 1 statute mile.

· 1/2,500, or 25.344 inches to one statute mile.

· 1/1,250 or 50.688 inches to one statute mile.

· 1/1,056 also known as the 5 foot map.

· 1/1,000 metric scale (referred to as Irish Grid and/or National Grid).

· 1/2,500 metric scale (referred to as Irish Grid and/or National Grid).

2.1.3 Land Registry digital map:

2.1.4 The Land Registry digital maps are based on OSi vector data referencing the Irish Transverse Mercator (ITM) coordinate reference system.

Section 84 as substituted by section 61 of the Act of 2006

84.-(1) Provision may be made by general rules—

(a) for identifying on maps (in this Act referred to as ‘registry maps’) land whose ownership has been registered under this Act, and

(b) for reference in the register to those maps.

(2) (a) For the purposes of such registration—

(i) the Registrar, in respect of the period before the commencement of section 61 of the Registration of Deeds and Title Act 2006, is deemed to have had power in any particular case to adopt any map which the Registrar considered satisfactory, and

(ii) on such commencement, the Authority may in any particular case adopt any map which it considers satisfactory.

(b) For the purposes of this Act and the repealed enactments, any map so adopted is, and is deemed always to have been, a registry map.

(3) A registry map shall be in such form, including an electronic or other non-legible form which is capable of conversion into a permanent legible form, as may be prescribed.”

2.2 Accuracy:

2.2.1 Whether in paper or electronic form the accuracy of the Registry map is dependent on the scale and accuracy of the OSi topographic map upon which it is based, and the accuracy of the data submitted for registration purposes. Different levels of accuracy apply depending upon the scale of the map and the original method used to create it.

2.2.2 It is not possible even when using the highest order of survey techniques to achieve perfect accuracy when drawing/digitising features on a map. OSi maps are therefore subject to accuracy limitations. This means that scaled measurements between features shown on the map may not exactly match the actual distance measured between the same features on the ground.

Contact OSi for information on the scale and accuracy of OSi maps.

2.3 Boundaries:

2.3.1 Neither the description of the land on a Folio or its identification by reference to the Registry map is conclusive as to its boundaries or extent.

Section 85(2) of the Act of 1964 as substituted by section 62 of the Act of 2006.

2.3.2 The precise line of the property boundary on the Registry Map is undetermined. The Registry map does not indicate whether it includes a hedge or wall and ditch, or runs along the centre of a wall or fence or its inner or outer face or how far it runs within or beyond it; or whether or not the land registered includes the whole or any portion of an adjoining road or stream.

Where registration is made to the centre of a road or stream, the map is not to be taken as conclusive evidence that such, portion of same is included in the property.

2.3.3 However, the non-conclusive boundary system does not dispense with the requirement that the location of the physical features must be accurately defined on the application map within the limitations of the original scale of the map

Section 85 (description of registered land) of the Act of 1964 as substituted by section 62 of the Act of 2006.

“85.— (1) Registered land shall be described and identified by reference to the registry maps concerned in such manner as may be prescribed.

(2) Except as provided by this Act, neither the description of land in a register nor its identification by reference to a registry map is conclusive as to its boundaries or extent.”

Rule 147 (Contents of registry maps) of the LR Rules 2012:

147. (1) There shall be shown on the appropriate registry maps—

(a) a plan or plans of the property described in each folio of the register of ownership of freehold land,

(b) a plan or plans of the property subject to the ownership of leasehold interests described in each folio of the register of leasehold interests,

(c) a plan or plans of the property the subject of every incorporeal hereditament of freehold tenure or lease thereof described in each folio of the register maintained under section 8 (b) of the Act,

(d) such plan or plans as may from time to time be necessary or expedient for the identification of property subject to a burden, notice, caution or inhibition entered in a folio of a register.

(2) Every plan shall be defined on the registry map by an edging in colour or otherwise as the Authority may deem convenient in a particular case and shall have a number or symbol thereon; and the property described in each folio shall be identified therein by a reference to its plan or plans on the registry map.

2.4 Entry of boundaries as conclusive:

2.4.1 Sections 86 and 87 of the Act of 1964, provides for the entry of boundaries as conclusive in certain cases.

2.4.2 Entry of boundaries by agreement: Section 87(2) ‘An entry in pursuance of this section shall be conclusive only as between the parties to the application and their respective successors in interest, and shall not operate to confirm the title to the lands the boundaries whereof are settled’.

2.4.3 Rules 139, 140 and 141 of the LR Rules 2012 provide for the entry of the additional textual information and supporting plans required.

2.4.4 All applications for entry of a boundary as conclusive must be referred to a Deputy Registrar.

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3 Maps suitable for Registration Purposes:

Guidelines and general requirements for acceptance of maps; requirements for sub-division of registered property, first registration of a property and the mapping of rights over registered land in the digitised counties are detailed in the Practitioner's Guide and Appendix 1.

3.1 Application Maps:

3.1.1 An application dealing with part of registered property or an application for first registration of a property must be accompanied by an application map of the property drawn on the current edition largest scale map published by the OSi or on an Official Registry map, if suitable, or a computer generated map (see Appendix 4) printed at a scale deemed suitable by the Registry for the particular area unless the application accurately identifies the property on the Registry map.

Note: All Application maps must be referenced to the ITM coordinate reference system.

3.1.2 Plans for registration should normally be drawn on:-

· A ‘Land Registry Compliant Map’ which is an ITM coordinate map published by Ordnance Survey (See Rule 15(1) (c) of LR Rules, 2012 (for first registration applications) and Rule 56 of the LR Rules 2012 (for all other applications). See Appendix 8(b).

· Official Registry maps (including Title Plan, Special Registration and Official Map Search) are acceptable unless the scale is too small to accurately draw the boundaries. See Appendix 8(a).

3.2 Development Schemes:

A “scheme map” can affect one or more folios or as yet unregistered land and should be seen simply as the individual map that relates to the particular batch of sites/divisions/ units/multi-storey units as shown thereon. Scheme layout should be lodged for approval prior to any transfers being lodged. See Appendix 3.

3.3 Developments schemes: Paper (hard copy) lodgement:

The layout must be marked on one of the following:-

· An original Land Registry SRM (Special Registration Map) where scale is suitable.

· An original certified Land Registry Title Plan Map where scale is suitable.

· An original OSi ‘Land Registry Compliant Map’.

· A computer generated map at the map scale recommended by the Property Registration Authority for that particular area.

See Practitioner's Guide and Appendix 4.

3.4 Revisions and changes to schemes:

See Appendix 3.

3.5 Development schemes: CAD (electronic) lodgement:

Scheme developments can be lodged as ITM coordinate geometry in a CAD file which must also be accompanied by the hard copy. See Appendix 7 - Required structure of CAD files for Registration Purposes.

3.6 Multi-Storey buildings:

A plan drawn on latest edition OSi map or on a Registry ITM coordinate map should be lodged together with a hardcopy of the floor plans for each building or buildings in the development. (See Rule 29(1)(a) of LR Rules 2012 and Appendix 5.

3.7 Revisions and changes to MSB developments:

See Appendix 5(a).

MSB Floor Plans and Location Maps will be imaged with access provided through ITRIS and account holders can access to them through www.landdirect.ie. Where MSB Location Maps and Floor Plans are imaged, Title Plans will continue to be generated using such images.

3.8 Compulsory First Registrations in MSB developments:

See Appendix 5(a).

3.9 Foreshore:

3.9.1 Section 125 of the Act of 1964 states that “Where application is made for the registration of an owner of land and it appears to the Authority that the land comprises foreshore, within the meaning of the Foreshore Act 1933, The Authority shall send notice in writing thereof to the Minister of Transport and Power.”

3.9.2 Notice as required by Rule 29(4) of LR Rules 2012. “Where any land comprised in an application for registration of ownership includes foreshore, the fact should be stated in the application so that such notice (if any) as maybe required by section 125 of the Act may be served”.

3.10 Mines and minerals:

Rule 29(1)(a) of LR Rules 2012 provides that where the property comprised in an application for registration comprises mines and minerals, an application map shall be furnished of the surface under or over which the property to be registered lies together with such other plans, sections, and other description as the Authority may deem necessary.

4 Areas on Folios:

See Legal Office Notice 4 of 2012 – Areas on Folios

5 Inspections:

Inspection of the Land Registry Map(s) [section 107 of the Act of 1964 as substituted by section 65 of the Act of 2006 and Rule 165 of the LR Rules 2012]may be made at the public counter’s of the Property Registration Authority. Map inspections should initially begin using www.landregistryireland.com

5.1 Inspection of maps at public counter:

The duty of the PRA officials extends to assisting the applicant as follows: -

· To provide access to the mapping information required for inspection.

· To ascertain whether the property in question is registered or unregistered.

· To ascertain the folio numbers of the property if it is registered.

5.1.1 Land Registry paper maps now form part of the Registry archive only and are not available for inspection, copying or issuing in electronic form, unless approved by the Authority.

5.1.2 Where enquiry is made as to the exact position of a boundary in relation to any feature, the enquirer should be informed that the Land Registry map is not conclusive as to the position of the boundary.

5.2 Inspection of Registry maps using www.landdirect.ie:

Anyone may search the Registry digital map through the internet access service.

See www.landdirect.ie for terms and conditions that govern the use of Registry maps.

5.3 Copies of Registry maps:

Rule 165(3) of the LR Rules 2012 provides that copies of folios, maps of individual registered properties (otherwise known as title plans) or extracts of Folios or maps may be obtained on payment of the prescribed fee.

5.3.1 Copy Folio and Title Plans are issued in the usual course from the Central Printing Unit. A covering letter (forming part of the official document) provides details of dealings pending on the relevant folio, and includes advice that the map is to be read in conjunction with the folio and that the description of land in the register nor its identification by reference to the Title plan is not conclusive as to the boundaries or extent of the land (see section 85 of the Act of 1964 as substituted by section 62 of the Act of 2006).

5.3.2 All Official copies of the Registry Map including Title Plans are issued by Central Processing Unit for all counties.

5.4 Imaged Filed Plans:

5.4.1 Imaged Filed Plans have been superseded by Title Plans that are automatically generated from the Registry’s digital mapping system.

5.4.2 Filed Plans now form part of the Registry archive and are no longer available for inspection, copying or issue in electronic form except in the case of MSB registrations, where Filed Plan(s) will continue to be stored and generated from scanned images of the approved floor plans and location map lodged.

5.5 ITM Title Plans:

The Land Registry ITM coordinate Title Plan is a system generated, individual print-out of the plans contained in a folio and is issued in hard copy format based on the scales published by OSi (1/5,000, 1/2,500 and 1/1,000). They can also be printed at 1/10000. See Practitioner's Guide and Appendix 8(a).

5.6 Special Registration Maps (SRM’s):

See Practitioner's Guide and Appendix 8(a).

5.6.1 Some areas that were formerly covered by 1/2,500 scale OSi mapping may now only be covered by 1/5,000 scale OSi mapping. Smaller sites/land parcels (up to 0.202 hectares) may be difficult to mark clearly on maps at 1/5,000 scale and are therefore unacceptable as application maps. Where customers find that the ITM Title Plan printed at 1/10,000 or 1/5,000 scale is too small to mark their boundaries, they can apply for a SRM from the Registry to issue at the 1/2,500 scale which is the next largest scale published.

5.6.2 Although Title Plans or SRM’s can be ordered and printed at scales that are larger than the OSi published scale, accuracy is still limited to the original OSi published scale.

5.6.3 SRM’s may also be requested for marking properties for First Registration applications.

5.6.4 Where boundaries have been transferred to a larger scale or to a different map series, whether on paper or in a digital environment, measurements must not be expected to give a degree of accuracy greater than that of the smaller scale or older map series.

5.7 Inspections of Department of Agriculture (formerly known as Land Commission) maps:

These maps are the property of the Department of Agriculture, Fisheries and Food [Lands Division]. Requests to inspect or obtain copies of such maps should be referred to the said Department.

5.8 Inspections of Maps attached to an Instrument:

Applicants authorised under Rule 159 of LR Rules 2012 may request an inspection or bespeak a copy instrument. Maps attached to an Instrument must not be inspected or copied in the course of an inspection of the Land Registry map under any circumstances.

5.9 Official map search:

5.9.1 Section 107(2) of the Act of 1964 and Rule 160(1)(b) of LR Rules 2012 provide that any person may apply for an official search of a registry map to ascertain whether a particular property is registered in the Land Registry. The Section also provides that a certificate will be issued showing the result of the Search.

5.9.2 An application, which may be in Form 89 of LR Rules 2012, requesting an “Official Mapping Search”, must be forwarded to the Land Registry. The application should be accompanied by a suitable map, with the relevant property outlined thereon in red, together with the prescribed fee. A suitable map is one on which the location of the property can be clearly ascertained e.g. a Land Registry Title Plan, SRM, or Official Map Search or a largest scale map published by OSi.

5.9.3 Customers may conduct a property search online and obtain Folio numbers for properties that are registered in the Land Registry. Any person may apply for an Official Map Search by selecting the area required using the Official Map Search function provided in www.landdirect.ie at any PRA office.

6 Seedpoints, MSB markers, locator marks:

Seedpoints, MSB markers, Burden markers and Locator marks are terms used to describe geographically referenced points (x y coordinates) used to link Folios, Burdens, Scheme Map Applications and MSB registrations to the ITM map.