Why is a Deed of Rectification progress required?
The main reason why a deed of rectification process is required in Cloghercove is because a number of site folios have a map which does not accurately reflect the real ‘as is’ layout. For example, there are a number of chalet buildings that span more than a single folio. The Deed of Rectification is a process to get to a point whereby each chalet’s site (i.e. where it is physically located) accurately reflects what is outlined in the digital map of the site as per the Land Registry.
When did the Deed of Rectification process start?
The current committee are not completely confident on exactly when the deed of rectification process started however, we do know the discussion on this issue started before 2001 and therefore at minimum spans two decades.
Is the leasehold versus freehold topic relevant to the Deed of Rectification process?
No not really. The deed of rectification process is completely focused on the mapping issue. Clearly ensuring an accurate map help with any title hold discussion.
Can the Cloghercove committee force a conclusion to the Deed of Rectification process?
No, only the shareholder(s) for a particular site can agree a new map for the folio. Resolution and process clearly resides with the shareholders.
What happens if we have a new agreed map?
If, we have conscious and legal approval from shareholders then a new digital map will be submitted to the Property Registration Authority (PRA).
Has there been previous attempts at obtaining an accurate map?
Yes, In 2001 a mapping exercise was undertaken by E. Hendrick. A subsequent mapping exercise was undertaken by BC Associates survey in 2009. The BC Associates survey is the most recent we have and is the starting point for a proposed map for each site.
Do we need to get one single agreed mapped for the whole of Cloghercove?
No, this exercise can be completed site by site however we hope to complete this exercise by dividing the complete site into 5 zones.
Zone 1: Chalet 1 to 14
Zone 2: Chalet 15 to 27
Zone 3: Chalet 28 to 36
Zone 4: Chalet 37 to 42
Zone 5: Chalet 43 to 57
Has each Cloghercove site provided the committee with a single point of contact for the Deed of Rectification initiative?
No, however as of April 12th 2021, 54 of the 55 sites has provide a nominated point of contact.
Is each site I Cloghercove a 50 x 50 site?
No, just walk around Cloghercove and observe the variation of sizes and shapes of sites.
Have the committee engaged the assistance of a profession surveyor?
Yes, to assist in the process, Cloghercove DAC have engaged the services of a surveyor, Declan Walsh (Declan P. Walsh & Associates) who has extensive experience around the area of site mapping. Note: Cloghercove DAC will cover the cost associated with a physical site visit per zone, so Cloghercove will cover the cost of 5 site visits by Declan Walsh. If thereafter shareholders require an additional private site visit this will be at their own expense.
Can someone assist if mediation/arbitration assistance is required?
The committee is aware that, Bernard Gogarty of Smyth & Son, Drogheda (041 9838616) is a member of the arbitration society. Note: Cloghercove DAC will NOT cover the costs associated with any mediation required between neighbouring shareholders.