Disputed lands should have been valued as of the date of hearing of action

Appeal against decision of Registrar of Titles - land law - grant of probate issued to son of deceased former owner - assent granted by son for registration of mother as limited owner and subsequently lodged for registration - claim for compensation made by son arising out of alleged error by Land Registry in registering mother as full owner and registering the transfer of part of the folio to a third party for consideration - claim disputed by chief state solicitor on behalf of Minister - date for hearing offered by Land Registry - separate proceedings issued by appellant to have deed of transfer to third party set aside - proceedings unsuccessful - fresh claim submitted - adjudication and order of Registrar of Titles - evidence presented and reasons given - compensation granted but limited in its monetary value - appeal lodged against finding - date upon which lands should be valued - applicable legislative regime - special nature of a Land Registry appeal - lack of care shown by applicant's solicitors not checking Land Certificate upon completion of registration process - level of culpability for loss sustained not significant enough for the purposes of legislation - findings on specific grounds of appeal - Register of Deeds did not hold that the appellant's mother was entitled to sell the disputed property as limited owner - loss was indeed sustained by the appellant by reason of the error in registration - error in Registrar's calculation of loss - proper valuation is the date of hearing - Registrar ruled in error when it disallowed the appellant from recovering its costs of a Circuit Court action where it agreed to the postponement of its hearing as a result - Registrar ought to have valued the compensation on basis of best evidence available to it subject to a realistic discount on the basis of it being a green field site - award of compensation in respect of disputed garden together with costs for prior Circuit Court action.