The SLNCR Project is working to the Code of Best Practice “National and Regional Greenways” December 2021 as agreed with all stakeholders including Department of Transport/Transport Infrastructure Ireland/Local Authorities and the various Farming Associations.
The Code provides for a Greenway Sustainability Payment (GSP) payable in two parts. The first part being an Early Sign on Payment made once the Voluntary Land Acquisition Agreements (VLAA) is signed up by Landowners. The landowner’s Solicitors will be paid (on signing of the VLAA) an advance Solicitors professional fee of €750 + VAT once proof of title is validated, with the balance being paid on completion. It is acknowledged that landowners are being requested to engage in the progression of a National or Regional Greenway Project at a much earlier timeframe than under the normal statutory regime and potentially entering commitments as part of the process. The second part of the Greenway Sustainability Payment is a cooperation payment made on completion of the Scheme. The GSP payments are payable over and above the negotiated land acquisition land acquisition /compensation payment that may be agreed. Each case will be assessed and negotiated on its own merits and no two cases are exactly the same.
In order to avail of the Early Sign On Payment, each Landowner shall sign a VLAA as per Appendix 3 of the Code of Practice and it is conditional that each individual landowner shall at the time of entering into the VLAA provide a good marketable unencumbered freehold title (assuming the application of the law Society Conditions of Sale for the sale of Property) to the property in accordance with the guidelines of the Conveyancing Committee of the Law Society of Ireland and where any dispute arises with regard the quality of such title, the Option of the Conveyancing Committee of the Law Society shall be accepted by the parties.
Transport Infrastructure Ireland (TII) have clarified that it is a matter for each Landowner to get Title in their names from Land Registry /Tailte Eireann through their own Solicitor. TII have confirmed that any associated costs with getting Clean title for “Unregistered lands” is a matter for the Landowner and this must be in place to avail of the Early Sign On Payment as per the agreed Greenway Code of Practice.
Leitrim County Council’s Legal team have provided a FORM 5 applicable to SLNCR Project “Application for registration where title is based on possession (Rule 17)” PROPERTY REGISTRATION AUTHORITY.
The Form 5 has been prepared with the scheme in mind and contains background information relating the scheme and of assistance to landowners. The remaining parts of Form 5 relate to the particular circumstances of each landholding. This Form 5 can be requested from the PLO’s or you can download from the following link:
When this Form is completed and lodged by landowners with the land Registry this will start the process for landowners to get the unregistered land into their names and provide clean title to the landholding PLO’s can advise and help landowners with respect to guiding them to get “Unregistered Lands” into their names to establish Clean Title. It is recommended that landowners engage with their solicitors at an early stage with a view to submitting a Land Registry application if required.