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Re: Land Acquired for Afforestation
The following is the text of a letter from the Secretary
to the Secretary of the Department of Lands :
llth July, 1966
Dear Mr. O'Brien,
The Society has
been
in
correspondence with
the
Forestry Department about the procedure of the De
partment in getting owners of small holdings to sign
contracts
for sale
to
the Department without
legal
advice. The correspondence has been published in the
Society's GAZETTE and for easy reference I enclose a
copy of the relevant pages.
The position is
that in a number of cases of small
holdings with complicated
title.; and
small purchase
monies the negotiator from the Department approaches
the owner, gets his signature to a contract, under which
he must make full title, and only then is
the matter
referred
to
the owner's solicitor. The
result
is
that
either the whole or most of
the purchase price
is
absorbed in costs, or the solicitor must do the work for
nothing, or next to nothing. This is clearly inequitable.
The expense content of making title is a necessary
element
in
the
transaction. If
the Department want
the land they should be prepared to pay the necessary
costs. There is no reason why an owner should sign a
contract which contains no advantage to himself, and
all the advantage to the Department.
The practice of
the Department
in
sending
sale
negotiators to get owners to sign contracts of this kind
is clearly inequitable, and is taking an unfair advantage
of the owners. I am accordingly directed by the Council
to refer to the Society's letter of 4th March last, and to
request a definite reply to the Society's objection.
The third paragraph in the Forestry's Department letter,
that
the Department cannot agree
that
they should
insist on vendors consulting solicitors, does not meet
the point. The Council has always objected to Govern
ment Departments getting owners
to
sign
contracts
without
legal advice, and
they
regard
the practice
adopted by the Forestry Department as nothing more
than a deliberate attempt to obtain the signatures of
vendors
to contracs which he Department well know
will result in no benefit to the vendor and, in many
cases, result only to his disadvantage. If the vendors
were fully aware of the facts, and they would be aware
if they consulted their legal advisors, they would refuse
to sign such contracts.
I
trust therefore, that
this matter will
receive
the
favourable consideration of
the Minister
in
the
light
of the Society's representations. It should be added that
the practice of the Forestry Department in
this con
nection is not in line with that of other Departments
acquiring lands.
Yours sincerely,
E. A. PLUNKETT.
REGISTRATION OF TITLE ACTS 1891 and 1942
ISSUE OF NEW LAND CERTIFICATE
Applications have been received from registered owners
mentioned in the Schedule annexed hereto, for the issue
of Certificates of Title in substitution for the original
Certificates issued in respect of the lands specified in
the said Schedule, which original Certificates,
it
is
alleged, have been lost or inadvertently destroyed.
A new Certificate will be issued in each case, except
a case in respect of which notification is received in this
Registry within 28 days from the publication of this
notice, that the Certificate of Title is still in existence,
and
in he custody of
some person other
than
the
registered owner. Any such noification should state the
grounds on which such Certificate is being held.
Dated the 29th day of July, 1966.
D. L. McALLISTER,
Registrar of Titles
Central Office,
Land Registry,
Chancery Street,
Dublin.
SCHEDULE
1. Registered Owner, James Quintivan. Folio number
629. County Clare. Lands of Garruragh in the Barony
of Tulla Upper, containing 56a. Ir. 4p.
2. Registered Owner, Jessica Florence Heath. Folio
number 8079. County Cork. Lands of Gully (E.D. Bally-
modan)
in the Barony of Kilnameaky, containing
Ir.
14p.
3. Registered Owner, Charlotte E. Whitmore. Folio
number 1617. County Wicklow. Lands of Coolalug in
the Barony of Ballinacor South, containing 7la. Or. Op.
4. Registered Owner, Patrick Roddy. Folio number
24604. County Donegal. Lands of Linsfort and Bally-
cennan in the Barony of Inishowen, containing 19a. 2r.
Op.
OBITUARY
Mr. William H. Fry, solicitor, died on the 30th June,
1966, at his residence "Aureen", Merrion Road, Dublin.
Mr. Fry served his apprenticeship with his father the-
late Sir William Fry, Lower Mount Street, Dublin, and
was admitted in the Trinity Sittings 1902 and practiced
at 14 Lower Mount Street, Dublin.
Mr. William A. White, solicitor, died on
the 4th
March 1966 at his residence, 68 Rathdown Avenue,
Terenure, Dublin.
Mr. White served his apprenticeship with the late Mr.
Henry H. Bonass, City Hall, Cork Hill, Dublin, was
admitted in Hilary Sittings 1925 and practised at 68
Rathdown Avenue, Terenure, Dublin.
Mr. John R. Macken, solicitor, died on the 24th July
1966 following a motor accident.
Mr. Macken served his apprenticeship with
the late
Mr. John J. Macken, Mullingar, Co. Westmeath, was
admitted in Hilary Sittings 1957 and practised at Mul
lingar under the style of J. J. Macken & Co.
Mr. Cyril H. Hardman, solicitor, died on
the
1st
August
1966 at his
residence, Villa Nova, Merrion
Avenue, Blackrock, Co. Dublin.
Mr. Hardman served his apprenticeship with the late
Mr. Hunt W. Hardman, 14 Molesworth Street, Dublin,
and practised at 14 Molesworth Street. Dublin, up to
his retirement in 1965.
Mr. Joseph J. Little, solicitor, died on the 4th August
1966.
Mr. Little served his apprenticeship with the late Mr.
John E. Cullen, 48 Upper Sackville Street, Dublin, was
admitted in Michaelmas Sittings, 1922, and practised
at 6 Victoria Road, Rathgar, Dublin.
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