COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF TERENURE-RATHFARNHAM AREA COMMITTEE (1)
Tuesday, June 10, 2008
MOTION NO. 11
MOTION: Councillor C. Brophy
Cathaoirleach's Business
"That Manager outline and explain the delay in relation to dealing with Gaelscoil Chnoc Liamhna and the application to the Land Registry for the transfer of title of the small piece of land that was formerly the Old Knocklyon Road."
REPORT:
The Council has agreed to dispose of a site at Knocklyon Road to the Department of Education and Science for the construction of a permanent school for Gaelscoil Chnoc Liamhna. The Gaelscoil is in occupation of a portion of the site in temporary accommodation at present, pending the transfer of legal title to the Department and the construction of a more permanent building.
The site is dissected by a section of the old Knocklyon Road which was abandoned on the construction of the M50 Motorway. The title to this section of roadway is unregistered and there has been a delay in transferring title to the Department due to difficulties encountered by the Council in registering title to this area.
The Property Registration Authority has raised a number of queries in the matter and has indicated that the Council would not have a sufficient case to claim a possessory title to the site, as it only had charge of the road as a public road until such time as the road was abandoned on the construction of the M50 Motorway in 1999, and cannot therefore claim exclusive possession for the minimum required period of twelve years.
The Council has engaged a Senior Counsel with experience in conveyancing/title matters to review and hopefully certify the Council’s title in this case. All title documentation in the Council’s possession relating to the adjoining lands has been forwarded to Counsel and his report and certificate in the matter is awaited.
On receipt of this documentation a further application will be made to The Property Registration Authority to regularise the Council’s title.