COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 11, 2011

HEADED ITEM NO. 8(c)

Re:  Proposed rectification of title to a plot of land at Rathcreedan, Rathcoole, Co. Dublin  - Thomas & Breda McCormack

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An application has been received from Thomas & Breda McCormack owners of a house at Rathcreedan , Rathcoole,  which they  acquired from the Council under a Tenant Purchase Scheme, to regularise title to a plot of adjacent land which had accommodated the septic tank which served the house in question. The plot of land in question is as shown outlined in red on Drawing No. LA/05/11.

The Council built the house to accommodate Thomas & Breda McCormack under the ‘nominee’ housing scheme in 1974 on a site at Rathcreedan, gifted to the Council by Mr. McCormack’s parents for this purpose. The site offered for the house was not of sufficient size to accommodate a septic tank drainage system and consequently the septic tank was provided within an adjacent plot of land which was owned by the Council. The ‘nominee’ house was subsequently sold to Thomas & Breda McCormack in 1976 under a Tenant Purchase Scheme but the disposal map only included the house site in error and made no reference to the area where the septic tank was located. However the McCormacks are clearly of the opinion that the triangular site where the septic tank was located was included in the sale and have maintained the plot and the septic tank since purchasing the house.

The matter was referred to the Council’s Chief Valuer who recommended options to regularise title to the site. Having regard to the circumstances of the case and the potential for the applicants to claim adverse possession of the site, the Chief Valuer recommended that in his opinion a fair and reasonable settlement would be in the sum of €20,000.00. The matter has been further considered by the Council and in view of possible future road improvements at this location which may require the use of a strip of land from the site to provide improved sightlines etc, it is proposed that the settlement figure be reduced provided that the applicants give an undertaking to cede a portion of the lands back to the Council if required in the future, for no consideration.  

Accordingly, in order to rectify the title in this case, I recommend that the Council dispose of its interest in a plot of land comprising of an area of 0.077 Ha (770.26sqm) or thereabouts at Rathcreedan, Rathcoole, Co. Dublin as shown outlined in red on Indicative Drawing No. RE. 1115 to the owners of an adjacent property, Thomas & Breda McCormack  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:-

1.           That the subject plot is as shown outlined in red on Indicative Drawing RE. 1115  attached.

2.           That the Council dispose of the subject plot for the consideration of €10,000.00 (ten thousand euro).

3.           That the subject plot is disposed of with full freehold title and vacant possession.

4.           That in the event of the Council requiring a portion of these lands in the future for  road widening purposes (area shown      hatched in blue on attached Indicative Drawing No RE. 1115) the applicants or their successors in title will agree to cede  the lands to the Council for no consideration .

5.           That the applicants shall pay the Council’s legal fees plus Outlay and VAT (if applicable) in this matter.

6.           That the applicants shall pay the Council’s Valuer’s  fees in the sum of €800.00 plus VAT in this matter.

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

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

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

10.  That the disposal is subject to the necessary approvals and consents being obtained.

The lands being disposed of form part of lands acquired from John Gargan in 1965 for roads purposes.

J. Horan

County Manager