Land at Mont du Boulevard, St. Aubin, St. Brelade

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A decision made (11/06/2007) regarding: Land at Mont du Boulevard, St. Aubin, St. Brelade - Acquisition by the Public.

Subject:	Land at Mont du Boulevard, St Aubin, St Brelade- Acquisition by the Public
Decision Reference:	MD-PH-2007-0049	Exempt clause(s):		None
Type of Report: (oral or written)	Written	Person Giving Report (if oral):		N/A
Telephone or e-mail Meeting?	N/A	Report File ref:		427.1&3
Written Report – Title	Land at Mont du Boulevard, St Aubin, St Brelade – Acquisition by the Public	Written report - author		Neil Sproston
Decision(s): 1. The Minister approved, as recommended by Property Holdings, the acquisition of a strip of land from the Parish of St. Brelade in exchange for the grant of rights to maintain and repair an adjacent wall in the ownership of the Parish. The legal costs to be incurred by the Parish will be borne by the Channel Islands Yacht Club (Jersey) Limited. 2. Under Standing Order 168 (1) (a) and 168 (3) the Minister hereby notified the States that he had accepted the recommendation of Property Holdings to agree to the above land transaction. 3. Under Standing Order 168 (5) the Minister hereby authorised the Attorney General and the Greffier to pass any contract which is required to be passed on behalf of the Public. After the expiry of 15 working days following presentation to the States the transaction may be concluded.
Reason(s) for decision: Under Standing Order 168 (1) (a) and 168 (3) the Minister is required to notify the States of his acceptance of recommendations to dispose, acquire, let or rent land on behalf of the Public of Jersey.
Action required: 1. In accordance with Standing Order 168 (3) this decision must be presented to the States at least 15 working days before the contract is passed. After the expiry of 15 working days following presentation to the States the transaction may be concluded. 2 The Director of Property Holdings is to instruct the Attorney General and the Greffier to pass the necessary contract, and to copy this decision to the Minister, Treasurer and Assistant Treasurer.
Signature: Senator T A Le Sueur Minister			Date of Decision: MD-PH-2007-0049 11 June 2007

Land at Mont du Boulevard, St. Aubin, St. Brelade - Acquisition by the Public.

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Land adjacent to Mont du Boulevard, St Aubin, St. Brelade -

Acquisition by the Public

NS 427/1 & 3

Purpose

To ask the Minister to approve a deed whereby the Public acquires a small strip of land from the Parish of St. Brelade at nil consideration in exchange for the Parish being granted access to maintain and repair an adjacent wall in its ownership.

Background

On 21st December 2006 Ministerial approval was granted for the sale of an area of land to the Channel Island Yacht Club (Jersey) Limited for a sum of £93,000 with each party to pay the respective legal and surveyors’ fees.(MD-PH-2006-0100 refers)

In the normal manner the Law Officers’ Department was accordingly requested to draft a suitable contract of sale to transfer the land concerned. In the course of preparing the conveyancing documentation it became necessary to clarify ownership of a low level boundary wall that appeared to support the adjacent highway known as Mont du Boulevard.

It was subsequently established that the most likely scenario regarding ownership was that the wall and therefore the adjacent dependent relief were the responsibility of the Parish. Indeed from the advice of the Law Officers’ Department it would appear the Public is unable to demonstrate conclusive title to the strip of land concerned. As such, in the absence of any contractual evidence it is assumed the land adjacent to the supporting wall belongs to the Parish with a dependent relief or offset of 1’ 4½” along its length.

This effectively prevents the Public from selling the area stipulated in the Ministerial Decision referred to above ; an area of 39 sq.ft being constituted by the relief in the ownership of the Parish of St. Brelade.

Current Proposal

Accordingly in order to convey the full extent of the area of land concerned (as identified in the earlier ministerial decision) it is proposed the Parish dispose of its interest in the relief adjacent to Mont du Boulevard and in exchange be granted an access right over land concerned to maintain the adjacent granite wall. This will enable the Public to sell up to the wall and for the Parish to gain easier access for maintenance than otherwise would be provided by the relief or offset of standard dimension. Parish Assembly approval to this transaction was obtained on 22 May 2007.

In the circumstances it has been agreed that any legal fees incurred by the Parish of St. Brelade in connection with this matter will be met by the Channel Islands Yacht Club (Jersey) Limited, which shall then acquire the entire area of land as initially envisaged and as detailed in the earlier Ministerial Approval mentioned above.

Recommendation

It is recommended that Public acquire the strip of land from the Parish of St. Brelade, forming a relief adjacent to the wall concerned in exchange for the grant of suitable rights to maintain and repair the wall.

Written By: Neil Sproston

Signature …………………………

Authorised By: Eric le Ruez

Signature ………………………… Date 01 June 2007