Tuesday, 16 June 2020
Department of Finance
146. To ask the Minister for Public Expenditure and Reform if an indenture of lease can be provided in respect of a property (details supplied) in County Kerry; and if he will make a statement on the matter. [10967/20]
This matter has recently come to the attention of this Office and has been referred to the Chief State Solicitor’s Office(CSSO) for advice.
It falls into a broad category of cases whereby there was an initial error in mapping or conveyancing of the property resulting in the property, or part thereof, not being properly transferred from the construction company to the new owner. If the construction company is subsequently dissolved the property it held at the time of its dissolution may vest in the Minister for Public Expenditure and Reform under the State Property Act, 1954.
The Minister has limited powers under the Act, but one of those powers is a waiver of his interests in the property. The exercise of this power can only be considered after it has been demonstrated that title to the property was held, at the time of dissolution, by the dissolved company. In addition, Section 28 of the Act states that property held in trust for another does not vest in the Minister.
The advice of the CSSO has been requested and the matter will be considered to see what next steps are possible and appropriate.