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Discretionary order was correctly made where there was no evidence of error in registering title in boundary dispute

By: Ciaran Joyce BL

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Court of Appeal dismisses appeal of High Court ruling in relation to the extent and boundaries of two Folios which marked a right of way as a burden and vacated a lis pendens, finding that: a) the plan attached to the Folio should not be rectified on the basis that an error in registration had occurred in the Property Registration Authority (PRA); b) in the absence of maps attached to either the contract or the deed of transfer, the PRA mapping was conclusive; and c) the jurisdiction of the High Court to make an order pursuant to the registration of title legislation is a discretionary one.

Land law – boundary dispute – s.32 of the Registration of Title Act 1964 – registration of purchased lands – absence of maps attached to either the contract or the deed of transfer – John Deeney in Registration of Deeds in Title in Ireland (2014) – jurisdiction of the High Court to make an order pursuant to s.32 is a discretionary one – appeal dismissed.

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