Registration of Easements in the Property Registration Authority

Similar documents
Title goes here. Application to Register an Easement/ Profit-à-Prendre Acquired by Prescription.

STEP Land Registration Rules 2012 and Transmissions on Death, Trusts in Land and Prescriptive Easements

Boundary Disputes. Geomatics Client Guides. A clear impartial guide to... Check. They re Chartered.

Analysis of Commercial Buildings in the GeoDirectory Database Q Vacancy Rates

Progress Report on Green Paper. Dr. Paddy Prendergast. on behalf of the. IIS Commission on Land Registration

DAWSON COUNTY MINOR PLAT REVIEW CHECKLIST $50.00 FEE PER PLAT REVIEW, $5.00 FEE FOR SCAN & CD FOR RECORDING

Aignan Municipality. Guihemblanc Housing Estate. Housing Estate Regulations

GEOVIEW. 224,003 Total stock of commercial properties 195,803 Total stock of occupied properties pp -1.2pp. 12.6% National vacancy rate

LIST 1 (Persons whose lands or interests would benefit by the proposed work, and who have joined in this application)

Land rights requirements relating to assets to be installed or adopted by SEPD or SHEPD for new connections

RULES OF THE GEORGIA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS CHAPTER APPLICATIONS TABLE OF CONTENTS

( RICS. A clear, impartial guide to. Boundary disputes. rics.org/consumerguides


250 CMR: BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS DRAFT FOR DISCUSSION PURPOSES ONLY

Highways Highway Records

Jack McKenna, Director of Business Development, Africa and the Caribbean

Pre-Sale Information Pack For: 49 Cyprus Road Heysham Morecambe LA3 2QS

Plats and subdivisions; mapping requirements. (a) Size Requirements. All land plats presented to the register of deeds for recording in the

Land Registry Practice Guide 40 Oct Land Registry plans

LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JUNE 2010

Services connected with Immovable Property

PRE-CONTRACT QUESTIONNAIRE FOR PROPERTY SALE

Initial Notice Protocol October 2012

Spatial Data Warehouse Ltd. Cadastral Mapping INITIATIVE 1: CADASTRAL MAPPING. Version Spatial Data Warehouse Ltd. & AltaLIS Ltd.

EASEMENTS - INSURING

BOUNDARIES & SQUATTER S RIGHTS

WYANDOT COUNTY BASIC STANDARDS FOR THE APPROVAL OF REAL ESTATE DEED TRANSFERS & LAND CONTRACT AGREEMENTS

Application for Outline Plan / Outline Plan Waiver Section 176A, Resource Management Act

Rule 21 STANDARDS OF PRACTICE FOR SURVEYING

A CONCISE GUIDE TO STATUTORY CHARGES Arthur Moir

Policy and Procedures for Lawyers and Surveyors March 2006

Consent Application Form

For sale. 4-6 Lightbody Street Liverpool L5 9UZ. Development Opportunity. Circa 0.7 hectares (1.72 acres)

The Society of Chartered Surveyors Ireland - enhancing, advancing and enforcing professional standards in construction, land and property.

SOUTH TIPPERARY COUNTY COUNCIL

PR0PERTY AND LAND BOUNDARIES A CHECKLIST FOR PURCHASERS

Land Administration in Jordan

Former Nuclear Bunker, Woodside Road, Ballymena For Sale **Extremely Rare Listing/Unique Opportunity** Former Regional Government HQ Nuclear bunker

An easement is an incorporeal hereditament, an interest which does not give the owner right to physical possession.

Standards of Practice for Surveying in the State of Alabama

An Opportunity for Change

Papers The Digital Economy Act : What surveyors need to know about changes to the law on telecommunications equipment

LETTER TO COMPANY - DRAFT CITY OF LONDON LAW SOCIETY LAND LAW COMMITTEE CERTIFICATE OF TITLE (7 TH EDITION 2016 UPDATE)

Easements, Covenants and Profits à Prendre Executive Summary

A.3. ARTICLE 7 PLAN REQUIREMENTS FOR MINOR SUBDIVISION AND/OR LAND DEVELOPMENT

June 28, Technical Director File Reference No Financial Accounting Standards Board 401 Merritt 7 P.O. Box 5116 Norwalk, CT

Minimum Educational Requirements

THE PURPOSE OF MEASUREMENTS IN BOUNDARY SURVEYS. (THE ETERNAL SUVRVEY QUESTION: HOW CLOSE IS CLOSE ENGOUGH?) By. Norman Bowers, P.S. & P.E.

CHARTERED S URV E Y ORS & ACCREDIT ED EN ERG Y AS SES SORS

Application Form - Broker

Sale of land - questions for the vendor

RESIDENTIAL AND RECREATIONAL

SUBDIVISION AND DEVELOPMENT APPLICATION FORM

LAND AT FRIZINGTON, WEST CUMBRIA

LAND REGISTRY DEEDS CUSTOMER INFORMATION GUIDE

Balbriggan Shopping Centre

Sale and Other Disposition of Land Policy

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 454* Short Title: Surveying and Plat Recording Changes. (Public)

PREPARING SURVEY TENDER GIS DATABASE OUTCOMES

GULLABA FOREST & LAKE COUNTY KERRY, REPUBLIC OF IRELAND

Summary of Professional and Administrative Services

Application for warranty on a development 8 storeys and over

Boston National Title Agency, LLC. 129 West Trade St, 9th Floor. Charlotte NC 28202

The Challenge to Implement International Cadastral Models Case Finland 1

Standards for All Instruments of Conveyance

LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JANUARY 2012

The Digital Cadastral Database and the Role of the Private Licensed Surveyors in Denmark

SECTION SITE SURVEYS

The EU Bank supporting social and affordable housing needs

The Use of Negative Easements To Facilitate Construction Projects

WARNING: It is recommended that the within should not be completed without prior legal advice. LAW SOCIETY OF IRELAND CONDITIONS OF SALE 2017 EDITION

Key findings from an investigation into low- and medium-value property sales. National Audit Office September 2017 DP

Groundsure HS2 and Crossrail

New Jersey Administrative Code Title 13, Chapter 40 State Board of Professional Engineers and Land Surveyors

SKETCH OF BOUNDARY SURVEY ALTA / ACSM LAND TITLE SURVEY

Requirements For All Instruments of Conveyance In Monroe County, Ohio. Transfer and Conveyance Standards of the Monroe County Auditor & Engineer

PLEASE COMPLETE ALL SECTIONS USING BLOCK CAPITALS AND BLACK INK

Canadian Bar Association Mid Winter. Branch SCOTIA (LIANS) CONFERENCE. Halifax, Nova Scotia October 20, Deeds New Brunswick

Fees and charges. Consenting and property information fees and charges. Effective from 1 July 2018

Property Information Form

Meaning of words 3. Introduction 5. Further information 6. Scope of the Code 7

Specimen. Property Purchase Information. Sample. UK Land Registry Services. Contents:

CARMACOUP FOREST Glespin, South Lanarkshire Hectares / Acres

2010 No. 11 LAND REGISTRATION. Land Registry (Fees) Order (Northern Ireland) 2010

Tentative Map Application Review Procedures

Historic Environment Scotland Àrainneachd Eachdraidheil Alba

Demonstrate knowledge of, and extract, cadastral data from Landonline

Registration of fishing rights

Submission. Better Apartments Draft Design Standards

Surveyor-General's Rules for Cadastral Survey 2002/2. Office of the Surveyor-General

TOWN OF LEWISTON PLANNING BOARD APPLICATION

PROJECT INFORMATION DOCUMENT (PID) CONCEPT STAGE Report No.: AB3229 Project Name. Land Registry and Cadastre Modernization Project Region

Total stock of residential properties. Detached dwellings account for 43.1% of the total stock. Terraced housing account for 27% of the total stock

Strata Plan Fast Facts

Boston National Title Agency, LLC. 129 West Trade St, 9th Floor. Charlotte NC 28202

You can complete and submit this form electronically via the Planning Portal by visiting

Sale of Land: Questions for the Vendor

Building Integrated Land Information Systems and Development of NSDI

Land Administration and Spatial Enablement Victoria s Experience. Chris McRae, Executive Director Land Victoria

EXCELLENCE IN SURVEYING AWARD,

Transcription:

Registration of Easements in the Property Registration Authority Thursday, 11 April 2019 Marcus Kennedy, Senior Associate Mason Hayes & Curran Dublin Dublin London London New New York York San San Franscisco Francisco

Topics 1. Typical Easements Encountered 2. Characteristics of an Easement 3. Express Easements (i.e. in writing) 4. Implied Easements (i.e. not in writing) 5. Long Use (or Prescription) 6. Property Registration Authority 7. Registration of Easements i. Deeds ii. Court Order iii. By Prescription Dublin Dublin London London New New York York San San Franscisco Francisco

Typical Easements Encountered A house accessed over a private road owned by another party. Houses with septic tanks and pipes on neighbouring lands. An urban property with an emergency exit through adjoining property. Managed estates where the roads and services have not yet been taken in charge. Water supply from lake, well or group scheme. Right to cut turf this is an appurtenant profit a prendre and treated as an easement. Dublin Dublin London London New New York York San San Franscisco Francisco

Characteristics of an Easement 1. There must be a dominant tenement (i.e. the land benefiting) and servient tenement (i.e. the land burdened). There must be proximity between the two properties. 2. The right must accommodate the land and be connected with its ordinary use. 3. Ownership/occupation must be by different parties. 4. The right must have a utility or benefit capable of precise definition (i.e. it may not be uncertain). Dublin Dublin London London New New York York San San Franscisco Francisco

Express Easements (i.e. in writing) Occurs where the easement is specifically granted (or reserved) in a writing e.g. in a deed or lease. The nature and extent of the easement should be described, for example:- The party that may exercise the right. The purpose e.g. pedestrian/vehicular. The route and physical dimensions clearly set out on a map. The land benefiting (Dominant) and the land burdened (Servient). Dublin Dublin London London New New York York San San Franscisco Francisco

Implied Easements (i.e. not in writing) Easements of necessity. Easements of common intention. Non-derogation from grant (e.g. lands conveyed for building purpose may imply rights of support or access from public road). Section 40 of the 2009 Act provides for implied easements where it was reasonable for the parties (if they had adverted to the matter) to assume that an easement arose by implication. Dublin Dublin London London New New York York San San Franscisco Francisco

Long Use (or Prescription) Prescription is the acquisition of rights by long use over a substantial period of time. Up to 30 November 2021 Period of use required is 20 years From 1 December 2021 Period of use required is 12 years (30 years in the case of a state authority) Non-contentious application may be made to the Land Registry to register the easement. Contentious Court Order must be obtained. Dublin Dublin London London New New York York San San Franscisco Francisco

Property Registration Authority Registry of Deeds i. Registration of Deeds/Documents not title. ii. Not compulsory (but best practice) iii. Title not guaranteed by the State iv. Property identified by written description contained in deed Land Registry i. The title is registered ii. Compulsory ii. Guaranteed by the State iii. Property identified by Land Registry map (boundaries not conclusive) Dublin Dublin London London New New York York San San Franscisco Francisco

Registration of Easements By Deed or Court Order Complete Land Registry prescribed form https://www.prai.ie/forms/ and lodge with relevant fees. By Prescription Full facts relating to easement claimed must be set out in an Affidavit:- i. Facts relied upon to show how right is established. ii. The exercise of the right has been without force, secrecy and without permission. iii. Characteristics of an easements must be shown. iv. Full description of the right must be set out. v. PRA compliant map identifying the right must be lodged. Dublin Dublin London London New New York York San San Franscisco Francisco

Registration Process Dublin Dublin London London New New York York San San Franscisco Francisco

Surveying for the registration of Rights of Way and easements Sarah Sherlock

About Murphy Surveys 30+ survey services supporting the entire construction lifecycle Quick to mobilise with in-house teams nationwide & in Europe 36 years experience at the forefront of the industry 12,000,000 Confidence & assurance with a fully funded business with the highest levels of indemnity & ISO certification Best practice approach & continuous investment in innovation 250+ experienced, passionate & friendly staff 100% Accident free Reduce risk of delays of costly reworks, with consistently high customer satisfaction Collaborative approach offering impartial advice & guidance Trusted by thousands of customers Commitment to a sustainable future for the industry 90% masters, degree or diploma qualified

Our Sectors Construction Industrial Property Infrastructure Public Sector Natural Environment Smart Cities Design Ground works Civils Mechanical & Electrical Fit out / cladding Facilities Management High rise construction Nuclear Oil & Gas Pharma & Tech Manufacturing & Logistics Agriculture Quarry & Mining Data centres Commercial Retail Hotel & Leisure Estates Residential Heritage & Archaeology Rail Road Airports/Aviation Ports & Harbours Bridges / Structures Telecoms Utilities (water, gas, energy, wind, solar, nuclear, waste ) Defence & Security Healthcare Education Rivers, Lakes & Coastal Forestry & Agriculture Urban regeneration

OSI & PRA Joint Statement The Property Registration Authority (Land Registry) and Ordnance Survey Ireland (OSI) enjoy a very close working relationship. The Land Registry utilises Ordnance Survey Ireland s topographic mapping to crossreference and associate their boundary information. This forms the basis of all Land Registry digital map data. Ordnance Survey Ireland is the national mapping agency of Ireland. It is the State Agency responsible for the official, definitive surveying and topographic mapping of the Republic of Ireland. As this mapping is topographic, it only represents the physical features on the ground at the time of survey. The features shown must fall within the specification for the survey scale and within agreed accuracy tolerances. OSI maps never indicate legal property boundaries, nor do they show ownership of physical features. Although some property boundaries may be coincident with surveyed map features, no assumptions should be made in these instances and consequently it is not possible to identify the position of a legal property boundary from an OSI map. OSI has a continuous mapping revision programme for the whole of the Republic of Ireland. Changes that have occurred on the ground since the property was registered may result in differences between later OSI map editions and the mapping used by the Land Registry. The Physical Boundary The Land Registry identifies properties not boundaries and never shows ownership of individual boundary structures such as walls, fences and hedges etc. It should also be noted that deeds rarely deal with such matters. Non-conclusive Boundary System The boundary system adopted by the Land Registry under the Registration of Title Act, 1964 is known as a non-conclusive boundary system. The non-conclusive provision dispenses with the need for determining the exact location of title boundaries when defining the extent of registered properties and the ownership of the physical features which mark the limits of a property is left undetermined. In the case of boundaries located within buildings, the exact line or plane of the title boundary is also left undetermined. The non-conclusive boundary system will not indicate whether a title boundary includes a hedge or a wall and ditch or runs along the centre of a wall or fence or runs along its inner or outer face or how far it runs within or without it or whether or not the land registered includes the whole or any portion of an adjoining road or stream. However, the location of the physical features within which the title boundary lies or the points between which an undefined title boundary runs must be accurately defined by the applicant on the map lodged for registration within the limitations of the scale of the application map. 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. Since the commencement of land registration in 1892, almost all registrations were recorded by reference to the topographic detail shown on OSI published map scales. OSI Cassini/County Series and Irish Grid published scales in the paper system were 1/10,560, 1/2,500 1/1,000 and some urban areas were published at 1/1,250 and 1/1,056, (both 1/1,250 and 1/1,056 were enlarged by OSI from 1/2,500 mapping).. Accuracy of the Land Registry s boundary data is, accordingly, limited to the survey accuracy and scale of the source map originally lodged and upon which registration was based. The Land Registry is unable to tell you precisely where a property boundary is located

PRA Preparation of Application Maps: Maps lodged for registration purposes must be prepared to the accuracy standard of the OSi map, be not less than A4 in paper size andclearlydisplaythe County andmap scale. Where new boundaries for registration are coincident with current OSi topographic detail they must be highlighted in colour. New boundaries for registration that are not coincident with current OSi topographic detail must be shown by thin red lines the centres of which denote the correct field positions of the boundaries. It is in the applicant's interest to ensure that maps are prepared in accordance with accepted land surveying practice and procedures. All slope distances must be reduced to the horizontal (and if necessary to mean sea level) before plotting work or area computation is carried out. The Authority may require the production of any map, survey or book for inspection under Section 16 (2) of the Act of 1964. Where part(s) of an adjoining river or roadway are included in an application for registration, separate area values should be stated for the parts on the map and a composite area quoted in the deed. In all cases an indication should be given as to whether adjoining roadways are in public or private ownership. Customers can submit ITM coordinate geometry captured directly in the field in the form of a CAD file. A hard copy must then be lodged with the application and must be printed at the OSi published scale for the area.

Basic Requirements for Acceptance of Maps in the Land Registry Special RegistrationMap Title Plan Official Map Search Land RegistryCompliant Map A Computer generated map - a CAD file with the geometry of the new property referenced to the OSi ITM coordinate reference system can be submitted in electronic form in compliance with the Registry s CAD requirements, together with a hard copy version that complies with the requirements as set out in Appendix 4. A copy of an approved scheme map Other requirements: Scheme Maps must be plotted from site surveys and must clearly show the reference number by which each holding or part thereof is to be identified in subsequent dealings and correspondence. Responsibility for the accuracy of the application map(s) lodgedrests with the applicant. To ensure that the application map(s) submitted for registration reflect the applicant s intentions, it is recommended that: The locations of site corners be unambiguouslydefinedand clearly marked on the groundbefore the surveyis carried out. Maps submitted for registration be preparedand certified by competentland Surveyors. Two grid intersections with ITM coordinate values must be clearly printed at the lower left and upper right corners on all scheme maps and multi-storey maps submitted for registration. The minimum hard copy map size must not be less than A4 and not larger than A3 and clearly display the County name and Map Scale. Maps attached to original lease and counterpart/copy must be identical as to colour and scale.

Fact bad data costs! Volume Variety Velocity Veracity Who created it? When it was created? Are there any changes since its making and if so what exactly are they? What purpose was it first compiled? DO NOT USE IT

Why survey? Theory Reality

True ground position

Ground Truth Survey

Survey, to confirm the difference between truth and belief!

Trusted by Clients

Accreditations

Commitment to Social Responsibility

Offices throughout Ireland, the UK and Europe Ireland Dublin Kilcullen Cork UK London Birmingha m Mancheste r Glasgow Belfast Germany Cologne Italy Genoa Spain Barcelona

Any Questions?