Local Authority Vesting Orders

Original version<a href='/vid/local-authority-vesting-orders-907695911'>Local Authority Vesting Orders</a>

Specimen Order

1. Registration of Local Authorities as owners of Derelict Sites

1.1 General

The Derelict Sites Act, 1990, provides that a Local Authority may acquire by agreement or compulsorily any Derelict Site situate in its functional area.

1.2 Compulsory Acquisition

On lodgement of the original Vesting Order made under section 17 of the said Act, a map of the site and the appropriate fees, the Local Authority shall be registered as full owner thereof. The date of registration is to be the date of vesting. If the date of vesting is not twenty one [21] days or more later than the date of the execution of the order, the order is not to be accepted for registration.

If a Vesting Order is lodged prior to the date on which it vests, the registration is not to be effected or settled until after the date of vesting. Subject (in the case of registered land) to notice in Form 28 on the owners of burdens, the registration of the Local Authority as full owner is to be effected free from equities and all other burdens except the Land Purchase Annuity or other annual sum payable to the Minister for Agriculture, Food and the Marine or Commissioners of Public Works.

If the acquisition is of all or part of a registered holding subject to an annual sum payable to the Minister for Agriculture, Food and the Marine or Commissioners of Public Works in Ireland, notice is to be served on the body to which the sum is payable. On the registration of an acquisition of unregistered land, a memorial is to be filed in the Registry of Deeds.

1.3 Acquisition by Agreement under the 1961 Act

The Divisional Manager shall be responsible for the registration of all acquisitions by agreement under this Act. It is to be noted that when one Local Authority transfers property acquired under this Act to another Local Authority under section 13 (3) of the Derelict Sites Act 1961 the property remains subject to the restrictions under section 13 of that Act.

1.4 Forms of Registration

A separate folio for each Derelict site acquired is to be opened.

Part 2 is to contain the standard Devolution Note (if applicable) together with the particular ownership.

Entry No. 1 Part 3 shall be in the following form:-

“The property herein is subject to any purchase annuity payment in lieu of rent or other annual sum or portion thereof which may be payable under section 18(3) of The Derelict Sites Act, 1990”

Note this entry may be omitted if evidence from the Minister for Agriculture, Food and the Marine and the Commissioners of Public Works in Ireland is provided indicating that there are no such payments or annuities payable any longer. Such evidence or confirmation may be accepted in applications to cancel existing entries.

Part 3 is to contain at Entry No. 2 an entry of the restrictions under the Act in the following form:

“The property is subject to the restrictions against alienation or letting as may be contained in Regulations made pursuant to section 20 of the Derelict Sites Act, 1990”.

1.5 Repeal of the Derelict Sites Act, 1961

The Act of 1990 repeals the Derelict Sites Act, 1961, other than saving the exercise of certain powers or accrual of any rights in respect of anything commenced before the coming into operation of the 1990 Derelict Sites Act. The Act of 1990 makes no provision for property acquired under the Act of 1961. [The 1961 Act was similar in respect of the previous Acquisition of Derelict Sites Act, 1940 which the 1961 Act repealed.] It would appear that such property is no longer subject to the restrictive note under the 1940 Act but that it is subject to the restrictions contained in section 83 of The Local Government Act, 1946 [as amended]. On the completion of any application or dealing on such folio, the settling officer shall enter the following restriction note on Part 3:

“The property herein having been acquired by the registered owner thereof for the statutory purposes is subject to such restrictions against alienation or letting as may be contained in the Statutory Enactments relating to such property.”

The restriction note under the aforementioned 1940 Act should be cancelled.

2. Registration of Sanitary Authorities under the Local Government...

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