COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM AREA COMMITTEE

Tuesday, May 14, 2013

MOTION NO. 11

MOTION: Councillor E. Coburn

"That this Committee discuss with the aid of a report the timeline for the transfer of lands to the rear of houses 77 – 87 Lower Dodder Road, which is reported to be in the ownership of SDCC, to the residents of houses 77 - 87 Lower Dodder Road, as this land is reported to have been transferred by DCC to SDCC in February 2013."

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.