Cllr raises concerns over land ownership on north-west greenway
Independent councillor for Manorhamilton, Eddie Mitchell has raised concerns about farmers' land ownership in the Sligo, Leitrim, Northern Counties Railway (SLNCR) greenway project.
This project is to provide a greenway from Sligo town to Enniskillen, Co. Fermanagh, passing through Collooney, Ballintogher, Dromahair, Manorhamilton, Glenfarne, Blacklion, Belcoo, and Letterbreen on the way, and is currently at phase two of completion.
Cllr Mitchell told Agriland that he has been approached by farm families, who have raised concerns about land ownership on the proposed route.
He said: "The old greenway was privately owned, in the past, and it was abandoned. That land ended up being taken over by the farmers, who were farming around it.
"There is going to be a sustainability payment made to farmers, and eventually the land will be CPO’d (Compulsory Purchase Order). If you don’t own the land, you can’t be given a sustainability payment, and you can’t be given compensation."
"So even though there is no dispute over land ownership, if the land isn’t registered in your name, you could miss out on these payments," Mitchell explained.
At the July meeting of the Muncipal District Meeting for Manorhamilton, Mitchell asked the council to acknowledge the "significant" number of landowners along the SLNCR greenway route who have farmed land for decades that is not formally registered in their name.
He also asked for the council to provide "clear public guidance" to landowners on how to address unregistered land, including processes such as first registration and claims under adverse possession.
In response, the council replied: "The SLNCR project is working to the code of best practice 'National and Regional Greenways' December 2021, as agreed with all stakeholders including the Department of Transport, Transport Infrastructure Ireland (TII), 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," the council added.
The council also 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.
It said that 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.
According to the council, each case will be assessed and negotiated on its own merits and no two cases are exactly the same.
The council said: "The issue was raised regards 'unregistered' land with our legal team and 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 (has) 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."
"It is recommended that landowners engage with their solicitors at an early stage with a view to submitting a land registry application if required," it added.
