Mattie McGrath (Tipperary, Independent)
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169. To ask the Minister for Public Expenditure and Reform if an OPW inspector will contact a person (details supplied); and if he will make a statement on the matter. [25933/22]

Patrick O'Donovan (Limerick County, Fine Gael)
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I am grateful for the additional detail you have provided, and since your last PQ my officials have also examined available public information.

This is a complex situation involving land registered to a dissolved company. There is as yet no acknowledgement that this land has devolved to the State under the provisions of Section 28 of the State Property Act 1954 (“the 1954 Act”). Although companies become dissolved their property can remain registered in their name in the Property Registration Authority, despite the fact that in some circumstances dissolved companies may have (prior to dissolution) transferred or contracted to transfer such assets to another party, but formal transfers of the legal interest has not been executed or where a transfer has been executed, it has not been registered. In such circumstances these properties often do not vest in the State under Section 28 of the 1954 Act. As previously stated property held on trust for another does not devolve to the Minister as provided by Section 28(2) of the 1954 Act.

The company, Whitony Limited, the registered owner, was dissolved in 2010 and it has up to 20 years in which it can be restored. In circumstances where a dissolved company is restored to the Register, the Companies Act 2014 provides that such a company shall be “deemed to have continued in existence as if it had not been struck off”. In such circumstances, the company may assert that the property of the dissolved company is no longer vested in the State under Section 28 of the 1954 Act and for this reason the Minister is limited in dealing with the property while restoration is an available remedy.

Given the limited knowledge which the Minister has in respect of this property, it is suggested that enquiries be made with the former directors and secretary of Whitony Limited (dissolved). It may also be possible that the property in folio DN30239F has been taken in charge by Dublin City Council, given it contains the roads and common areas in the estates. If the property in the folio has been taken in charge, this would not be apparent from the folio.

The provisions of the State Property Act 1954 ensure that property is never ownerless but this does not mean that the State enters into occupation of these properties. The State is not in occupation of this property. Accordingly, the Minister is not liable for any loss, damage or injuries that may occur.

My officials will contact the owner of the residential property and seek more details of the issues encountered on her property.