asked the Minister for Lands if he is aware that the Cullen Estate, County Wexford, taken over by his Department in 1962 and long since divided, is as yet unpaid for; and if he will indicate why this is the case.
Ceisteanna—Questions. Oral Answers. - Payment for Wexford Estate.
94.
This estate was not taken over in 1962; in fact the estate did not vest in the Land Commission until the end of the following year, that is, on 10th December, 1963. The necessary documentary evidence of title was not lodged in the Land Commission until about seven weeks ago. The matter is pending for examination by an Examiner and when title has been cleared, the question of allocating the purchase money will be dealt with.
Could the Parliamentary Secretary state if it is usual to divide up a farm before it is paid for?
I could not state that. I can only tell the Deputy that, so far as the Land Commission are concerned, they can do nothing until evidence of title is lodged and, in this case, evidence of title was lodged only seven weeks ago. The examination of title is now proceeding.
The Parliamentary Secretary is a lawyer and he can help me as an ordinary individual. Is it not very unusual for the Land Commission to take over and divide a farm before they have paid for it? Is the converse not the rule? Generally, they do not take over a farm until they have title, presumably to ensure that those who no longer have any benefit get the money for what they sold to the State?
I do not want to go into technicalities, but there is a provision, which would apply in this case, whereby the people are not without the benefit of the money. In general a farm is not divided in the circumstances to which the Deputy refers. I doubt, however, if the Department would favour the idea of land being held undivided for a very long number of years where there is difficulty in clearing title.
I do not want to press the Parliamentary Secretary unduly because this is really a matter for the Minister, but surely it is most unusual for the Land Commission to take over a farm before they have title? Indeed, one of the things the Department always insist on is clear title. In this case they seemingly did not have title, but they took over and divided the farm and the unfortunate individual, who was entitled to receive a sum of money, got nothing at all. Is this not a precedent in Land Commission legal history?