Mr JH and Property Registration Authority

• Jurisdiction: Ireland
• Judge: Senior Investigator
• Judgment Date: 20 April 2021
• Case Outcome: The Senior Investigator affirmed the decision of the PRA.
• Court: Information Commission
• Respondent: Property Registration Authority
• Record Number: OIC-104955-Q1W9P4

Whether the PRA was justified in its decision to refuse access to any further maps relating to a specified folio other than those released on the ground that it holds no further relevant maps, and to refuse access, under section 41(1)(a) of the Act, to the specified Instrument on the ground that disclosure of the record is prohibited by the Land Registration Rules 2012

20 April 2021

Background

On 14 July 2020, the applicant made a request to the PRA for a copy of the map/plan that relates to lands as registered in 1916/1917 under a specified closed folio. He also requested copies of any other Land Registry maps relating to these lands, “In particular any maps from 1916, 1927, 1935 and 1966”. In a decision issued on 23 July 2020, the PRA granted access to two archived plan maps dated July 1984 relating to the folio in question.

From the documentation available to this Office, it would appear that further telephone communication took place between the applicant and the PRA following the issuing of its decision of 23 July 2020, in the course of which the applicant requested a copy of the original registration records for the folio, known as an Instrument. On 27 July 2020, the PRA issued further correspondence to the applicant refusing this aspect of his request under section 41(1)(a) of the FOI Act on the ground that disclosure of the record sought is prohibited by the Land Registration Rules 2012.

On 24 August 2020, the applicant sought an internal review of that decision. The PRA issued an internal review decision on 11 September 2020, in the course of which it varied its original decision. It released copies of archived file plans held on a second folio, some of which relate to property transferred from the closed folio in question. It said that the copies provided, along with the records provided on 23 July 2020 comprised all archived plans held by the PRA relating to the property. It affirmed its original decision to refuse access to the specified Instrument. On 11 March 2021, the applicant sought a review by this Office of that decision, wherein he said the PRA did not release the original 1916 first registration maps and Instrument.

I have decided to conclude this review by way of a formal binding decision. In conducting this review, I have had regard to the correspondence between the applicant and the PRA, and to the correspondence between this Office and both the applicant and the PRA on the matter.

Scope of the Review

This review is concerned with whether the PRA was justified in its decision to refuse access to any further maps relating to the specified folio on the ground that it holds no further relevant maps and to refuse access, under section 41(1)(a) of the Act, to the specified Instrument.

Findings

Does the PRA hold other relevant maps?

...