8.8.1 Introduction

Applications for first registration are provisionally indexed as soon as possible. This action provides an up to date record of all pending applications for all categories of casework and is essential for accurate completion of Reports.

8.8.2 Subjects Appear To Be Already Partly Or Wholly Registered (Possible Overlapping/Competing Title)

This, of course, ought to have been discovered before mapping is commenced i.e. at initial identification and provisional indexing stage. However, due to a misleading description or changed postal numbering or even a mistake by the identifying officer, such a discovery may not be made until the mapping stage. (A common source of apparent competing titles involves areas where common rights or pro indiviso shares have been granted). Also, keep in mind the possibility that the application may be an intended Transfer of Part erroneously lodged as a First Registration.

The officer discovering such an instance should act on the level of his or her experience. Due to inexperience it may transpire that there is no problem as the extent of the current application may have been wrongly determined: hopefully a verbal referral will identify this. If there is a genuine problem, then the relevant adjoining title plans, micro-fiches, back-up files or whatever is considered necessary should be obtained.

On receipt of the relevant information the case must be referred up to a senior officer. IN ANY EVENT, ANY CASE OF APPARENT COMPETING TITLES SHOULD BE DEALT WITH IMMEDIATELY

Consideration of such a problem is more fully dealt with elsewhere but briefly, in the first instance, before referring the case, check and ascertain whether or not the extent of the subjects in the current application has been correctly determined. If it has, the case is referred initially to an appropriate senior officer who will check the accuracy of the earlier registration. If that too appears to have been completed correctly according to the deed(s) lodged for that application, then the case should be referred to a senior officer. On discovery of an earlier mapping error, consideration may have to be given to recalling the Land Certificate.

8.8.3 Indexing Of House Plots and Areas Of Land On The Index Map

The indexing of all applications for registration is completed during the mapping process of each Title and provides an index of registered titles on the Index Map for use by the Agency, Solicitors and the general public.