Supreme Court rules woman not liable for derelict sites levy

If the Oireachtas wishes to effectively impose on prior encumbrancers the derelict sites levy , then it is incumbent on it to do so clearly, judge rulesDublin City Council claimed the High Court decision had important implications for local authorities throughout the State. Photograph: Bryan O'Brien

In concurring judgments, Ms Justice Marie Baker and Mr Justice Brian Murray dismissed the appeal. Ms Justice Elizabeth Dunne, Mr Justice Séamus Woulfe and Mr Justice Maurice Collins agreed.Masters 2024: Tee times, TV details, weather forecast, players to watchMs Maher bought the property in 2014 for €176,600 from Bank of Ireland, which had called in a mortgage it granted to the previous owner.

In her decision on the appeal, Ms Justice Baker noted the levy and statutory charge securing it reflect a valuable social purpose in addressing derelict sites. In the absence of any clear provisions in the 1990 Act that the levy be treated as having “special characteristics”, the charge must be treated as one requiring registration, she said. It must also be subject to the general principles attaching to the creation of security interests over unregistered land.

Supreme Court Derelict Sites Levy Property Appeal Local Authorities

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