Lagan Bitumen Ltd v Tullagower Quarries Ltd [2019] IECA 89 (28 March 2019)

Lagan Bitumen Ltd v Tullagower Quarries Ltd [2019] IECA 89 (28 March 2019)

There was no evidence that the error in boundaries originated in the Land Registry; the Land Registry acted on instructions from the applicant's solicitors. The jurisdiction to rectify under s.32 was not engaged. The trial judge correctly exercised discretion and refused rectification.

Citation
[2019] IECA 89
Parties
Plaintiff/respondent: Lagan Bitumen Limited; Defendant/appellant: Tullagower Quarries Limited
Jurisdiction
Ireland
Judgment Date
28 March 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Rectification of Land Registry Maps, Boundaries Dispute, Right of Way, Registration of Title Act 1964 S.31 and S.32
Property Law Land Registration Rectification of Land Registry Maps Boundaries Dispute Right of Way Registration of Title Act 1964 S.31 and S.32

Case Brief

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Parties

Lagan Bitumen Limited

Plaintiff/respondent

Tullagower Quarries Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the map attached to Folio 52291F should be rectified under s.32 of the Registration of Title Act 1964 due to an alleged error originating in the Land Registry
  2. 2 Whether the boundaries of Folio 52291F are erroneous and should be amended
  3. 3 Whether the respondent is entitled to a right of way appurtenant to Folio 52291F over Folio 19816F

Ratio Decidendi

There was no evidence that the error in boundaries originated in the Land Registry; the Land Registry acted on instructions from the applicant's solicitors. The jurisdiction to rectify under s.32 was not engaged. The trial judge correctly exercised discretion and refused rectification.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; boundaries and registration remain as per Folio 52291F.
  • No rectification of the Land Registry map under s.32 of the Registration of Title Act 1964.