TREASURY AND RESOURCES DEPARTMENT
JERSEY PROPERTY HOLDINGS
Property Transaction for Ministerial Decision - Minister for Treasury and Resources
Le Douet de Ste Croix Estate/Clos du Bas, First Tower, St Helier
Proposed Land Transfer
PBA 0848
Purpose
To seek the consent of the Minister for Treasury and Resources to transfer a strip of land on Clos du Bas to Ingleby Residential Home, with each party to meet its own fees in connection with passing contract.
Background
In the early 1990s the Public developed Le Douet de Ste Croix housing estate, La Route ès Nouaux, for first time buyers.
The estate adjoins a private roadway known as Clos du Bas on its north side, which roadway provides access to five private properties.
At the boundary of the Clos du Bas and the new estate it was necessary to construct a retaining wall to support the private roadway. Because the wall had a projecting foundation, it was set-back from the roadway so as not to encroach beneath the private land. This resulted in a strip of land being created between the roadway and face of the retaining wall, approximately 2’8” wide, which was laid to tarmacadam to effectively extend the width of the private roadway.
In 1996 the former Property Services Department wrote to the owners of the five properties on Clos du Bas to offer to transfer the ownership of the Public’s strip of land to them. None were willing to take ownership, and the unsatisfactory situation of a roadway in part private ownership and part public ownership has remained.
More recently, the owner of one of the properties on Clos du Bas, Ingleby Residential Home, approached Jersey Property Holdings with a request to acquire the section of the Public’s strip of land co-extensive with its property – the property being situated at the west end of the roadway and is identified on the attached plan. The department considered that it would be of little advantage to the Public to just dispose of one fifth of the strip of land, and therefore requested that Ingleby Private Hotel Ltd take ownership of the entire strip, subject to confirming with the other four property owners that they still had no wish to acquire. Ingleby Private Hotel Ltd agreed to this, with some reluctance, agreeing to do so only if the land was transferred free of charge and with each party to meet its own fees. The other four property owners have been approached again and none have expressed an interest in acquiring the strip of land.
Conclusion
Following the construction of Le Douet de Ste Croix estate, the Public was left in the unsatisfactory position of owning a 2’8” wide strip of land co-extensive with the south side of the private roadway Clos du Bas. This is a liability for the Public, both in terms of maintenance and in the event of an accident occurring. The owner of Ingleby Residential Home is willing to take ownership of the Public’s entire strip of land subject to transfer at nil cost and with each party to meet its own fees. The other property owners on Clos du Bas have on two occasions declined to take ownership of the strip of land. Under the circumstances, it is recommended that the Public disposes of this liability at nil cost, rather than retaining ownership in the long term.
Recommendation
It is recommended that the Minister approves the transfer of ownership of a strip of land adjoining to the south of Clos du Bas private roadway to Ingleby Private Hotel Ltd, owner of Ingleby Residential Home, the transfer being at nil cost and with each party to be responsible for its own legal fees in passing contract before Royal Court.
Written By: Principal Property Manager
Signature …………………………
Authorised By: (Director/Assistant Director PH)
Signature ………………………… 06 March 2009