COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM AREA COMMITTEE

Tuesday, May 14, 2013

MOTION NO. 12

MOTION: Councillor A.M. Dermody

"That the Manager provide a detailed overview of the matter to date concerning an application by residents living in houses 77 - 87 Lower Dodder Road to acquire and incorporate these lands (map attached) into the individual plots of land adjacent to rear of each property, thereby extending the rear gardens of those residents.  It would appear that an application for First Registration was never made by Dublin City Council, however upon request to Dublin City Council following this application this was completed. 

Can the Manager establish if the land is now registered and in whose name is the land registered (DCC or SDCC).  Secondly is this Council prepared to extinguish the area in favour of the residents? If the land is registered and assuming this Council have no objection to the application by residents can the necessary notification process be commenced?

If the land is not registered can this matter be taken up by the Law Agent so that he in turn can liaise with his opposite number in Dublin City Council. 

I understand it is 7 years since residents first sought the application to extinguish.  Can I ask that the Manager report back to this Council each month going forward so as to track progress?"

REPORT:

The Council has received enquiries from two residents at Lower Dodder Road to acquire portion of land adjacent to the rear of their dwellings. The strip of land in question which runs to the rear of No's 77  to 87 Lower Dodder Road adjoins Dodder Park Road and may have been left surplus after the improvement scheme for this road.

The land was initially acquired by Dublin Corporation in 1962 and was subsequently transferred to South Dublin County Council in 1996 in accordance with the Scheme of Transfer of Lands made under the Local Government (Dublin) Act 1993. The title transferred was a Registry of Deeds or unregistered title as Dublin City Council had acquired the land prior to the implementation of the Registration of Title Act 1964 and accordingly there was no requirement on the City Council to have the lands registered in Land Registry.  Following the implementation of this Act the Council is only entitled to dispose of land where the title is registered with the Land Registry.

Title documentation relating to the original acquisition of the land  has been obtained from Dublin City Council and is being examined with a view to registering the portion of the land transferred to this Council. An application for first registration of land can take some time to process in the Property Registration Authority.

In the meantime, the Development Section will consult with other Departments of the Council and utility companies to establish if the strip of land is available for disposal.