The Gazette 1991

a p r i l 1991

g a z e t t e

Once land which is entered on the Register of Derelict Sites is transferred from one person to another it shall be the duty of both transferor and transferee to notify the authority of the change of ownership within 4 weeks of it tak- ing place. In the case of a trans- mission on death it shall be the duty of the person acquiring the land to notify the authority within 6 months of the transfer, and the duty of the personal representative to notify it within 2 months of the Grant of Representation issuing. Practitioners acting for Pur- ^~chasers of any lands capable of or likely to be affected by the Act should raise a Requisition on Title as to whether the lands are entered in the Register of Derelict Sites and, if so, should seek evidence as to the requirements of the local authority in relation to the lands, ^nd evidence of the payment of any Dérelict Sites Levies. • Conveyancing Committee Supreme Court Order for security for costs In an oral judgment on November 16, 1990, the Supreme Court ordered an appellant/plaintiff re- siding within the jurisdiction (who was appealing against a High Court Order dismissing his claim), to give security for costs of the second- named defendant to be occasioned by the Appeal "in such sum as shall be determined by the Master of the High Court and that such security be given by placing the said sum on deposit in the joint names of the respective solicitors for the Plaintiff and the second-named defendant within one month of such deter- mination by the Master of the High Court and that in default of such security being duly given as afore- said the plaintiff's appeal do stand struck out". It is understood that this is the first case in which a defendant successfully applied for security for costs of an Appeal where the appellant/plaintiff resided within the jurisdiction.

Criminal Lawyers Committee

Pract ice Notes

The Criminal Lawyers Committee wish to obtain submissions from Criminal Law practitioners in relation to the adequacy of fees paid under the Legal Aid Scheme. Any inquiries or submissions should be directed to Linda Kirwan, The Law Society, Blackhall Place, Dublin 7. Correction Land Registry/Registry of Deeds handout circulated with December 1990 Gazette Page 4. Item no 20. The second sentence of this item should read:- "Deeds of charge lodged with leases should be in the form applicable to unregistered land". Conveyancing Committee Land Registry - Ground Rents Section Notice is hereby given that Ground Rents Section of the Land Registry will move to Ormond House, Ormond Quay, Dublin 7 on Monday, 29th April 1991. Tel: 01-732233. Fax: 01-728654.

Derelict Sites Act 1990 Practitioners should be aware of ; the Derelict Sites Act 1990 which came into effect on the 27th of June 1990. The Act provides a definition of a "derelict site" and imposes a general duty upon the owner or occupier of any land to take all reasonable steps to ensure that the land does not become or continue to be "a derelict site". The Act goes on to provide that within one year after its com- mencement all local authorities shall compile and maintain a reg- ister of all derelict sites within their area. This register shall contain cer- tain particulars of each derelict site such as the name of the owner or occupier (if they can be located), the exact location of the site, its market value and any action which the authority has envisaged in relation to it. Once such an entry is made in the register the owner or the occupier of the land shall be notified. The local authority may then serve a notice upon the owner or occupier of the derelict site obliging him to take whatever action is thought necessary in relation to it. Among the powers given to local authorities under the Act is the power to enter upon land for the purposes of determining whether it should be entered on the register of Derelict Sites, and power to compuslorily acquire any derelict site. Local authorities are obliged to levy and collect a charge to be known as a "derelict sites levy" from the owner of all derelict sites within their area. The Act provides that this levy, and interest on it, shall be a charge on the land to which it relates.

ACE Bu s i n e ss Se rv i c es 130A Lower Drumcondra Road, Dublin 9. Phone: 369111 Fax: 369740 Legal Typing - Photocopying, Laminating, Business Address, Telephone Answering Service, Printing & Design Book-keeping - Fax & Telex Word Processing

(Fallon -v- An Bord Pleanala and Burke, Supreme Court 16 Novem- ber, 1990 per Finlay C.J. with Griffin and Hederman JJ. con- curring). •

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