COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, March 08, 2010

HEADED ITEM NO. 7(e)

Re:  Proposed disposal of portion of land adjacent 88 Oakwood Grove, Clondalkin, Dublin 22 to Thomas & Mary Devlin

An application has been received from Becker Tansey & Co Solicitors on behalf of their clients, Thomas & Mary Devlin of 88 Oakwood Grove, Clondalkin  to regularise title to a portion of Council owned land which has been  incorporated into the garden of 88 Oakwood Grove for a long number of years.  The Solicitors claim that the area, whilst still registered to the Council, has been in the possession of their clients and their predecessors  in title for over 30 years and the Solicitors have requested the Council to execute the necessary documentation to rectify their clients title to the plot in question.

 The matter has been referred to the Council’s Chief Valuer for examination and he has recommended the terms as set out hereunder which he considers to be fair and reasonable and which have been accepted by the applicants.

  

Accordingly, I recommend  that the Council dispose of its interest in a plot of land comprising of an area of 195 sq metres or thereabouts adjacent to 88 Oakwood Grove, Clondalkin, Dublin 22 as shown outlined in red on Drawing No. LA/45/09 to the respective householders, Thomas & Mary Devlin in accordance with Section 211 of the Planning and Development Act, 2000 and subject to the provisions of Section 183 of the Local Government Act, 2001 subject to the following terms and conditions as recommended by the Council’s Chief Valuer:-

  

1.           That the Council dispose of the subject plot for the consideration of €5,000 (five thousand Euro).

2.           That the land is disposed of with full freehold title and vacant possession subject to        Clause 3 below.

3.           That the Council shall retain a wayleave and right of way over area   shaded yellow on Drawing  No. LA/45/09 in order to retain access to        maintain public services laid adjacent to the site .

4.           That the applicant shall pay the Council’s legal fees.

5.           That the applicant shall pay the Council’s Valuers fees of €800 (eight  hundred Euro).

6.           That the above proposal is subject to satisfactory proof of title.

7.           That the County Solicitor shall draft the necessary legal agreements and  shall include any further terms he deems appropriate in Agreements of  this nature.

8.           No exchange enforceable at law is created or intended to be created until exchange of contracts has taken place.

 The lands being disposed of form part of lands acquired from Daniel & Johanna Moynihan in 1974 for housing purposes.  

J. Horan

County Manager