Authorized guidance: The council wishes to get my farm

I have been served with a document identified as a ‘Notice to Treat’ as the Council is compulsory purchasing my land. What does this indicate specifically? What do I have to do upcoming? What if I cannot agree on payment with the Council?

Expensive Reader, 

The observe to deal with is an official see on you to make a claim for payment. In impact, this requests the landowner to enter into conversations regarding the acquisition of the residence. The house is valued on the day of the Recognize to Take care of.

I would strongly suggest you to engage the products and services of a valuer and surveyor at this phase. You have six weeks from the delivery of the recognize to do so. It is essential to notice this time restrict.

When a declare is submitted then often negotiations in respect of the sum and claim will acquire spot concerning the nearby authority and you.

The evaluation of compensation will commonly slide below a number of headings of declare, which can involve the subsequent:

  • Worth of land obtained.
  • Diminution in worth of retained lands, if any.
  • Expenses ensuing from the acquisition.
  • Disturbance.
  • Loss of revenue or goodwill.
  • Decline or depreciation of stock or trade.
  • Experienced expenses vital for acquisition. The getting authority ordinarily pays the claimant’s acceptable chartered valuation surveyor’s service fees, and the claimant’s reasonable authorized fees.

The landowner is entitled to the industry price of his land at the date of the Discover to Treat. The current market value can be based possibly on the present use worth of the land or its development worth, whichever is increased. Being aware of when to assert growth worth, and just what is needed to show it, are important.

Where by current use price is remaining claimed, the landowner may possibly be entitled to payment for disturbance and severance. It can come up also that the done enhancement has a destructive effect on the benefit of the retained land. If so, payment for injurious passion, as it is referred to as, might also sort element of the assert.

One more possibility to consider is that the acquiring authority buys the retained land.

An arbitrator is appointed when functions can not get to an settlement. In most situations, an agreement in relation to payment will be achieved. Both get together within just 14 days of the company of the discover to take care of can refer the make any difference to arbitration when there is a dispute.

The arbitrator can only make a determination on payment.

The Acquisition of Land (Evaluation of Compensation) Act states: “Exactly where an attaining Authority has made an unconditional present in producing of any sum as compensation to any claimant and the sum awarded by a Home arbitrator to that claimant does not exceed the sum provided, the arbitrator shall unless of course for unique good reasons he thinks right not to do so, order the claimant to bear his very own charges and to shell out the costs of the Acquiring Authority so much as such charges were incurred soon after the supply was built.”

An unconditional supply can be acknowledged at any point by the landowner ahead of the arbitrator tends to make his final decision.

If the unconditional supply is not recognized and it is much more than the arbitrator’s decision, prices will be awarded versus the landowner, until special motives exist not to buy very same. The landowner will also have to bear his very own prices.

Where by no present is manufactured or the unconditional supply is decreased than the arbitrator’s conclusion, charges are commonly awarded in favour of the landowner. There is also a provision whereby the landowner can make a detailed present and submission for payment, and equivalent principles apply here as regards prices.

Karen Walsh, from a farming track record, is a solicitor training in Walsh & Companions, Solicitors, 17, South Mall, Cork (021-4270200), and writer of ‘Farming and the Law’. Walsh & Partners also specialises in particular personal injury claims, conveyancing, probate and loved ones regulation.

Electronic mail: [email protected]


  • Though each care is taken to assure accuracy of data contained in this posting, solicitor Karen Walsh does not acknowledge accountability for faults or omissions howsoever arising, and you really should seek authorized guidance in relation to your individual situations at the earliest probable time.
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