Response from Argyll and Bute to Donald Ewan Darroch on land acquisition for Port Askaig Pier

Mr Darroch,

I have now reviewed the position in relation to the Port Askaig acquisitions in the light of your email of 12 November 2009 and would comment as follows:

1. I have now checked the various titles in terms of which the Council's predecessor Council acquired title to lands at Port Askaig and have converted all measurements into square metres. Prior to redevelopment commencing, the Council had title to approximately 15,088 square metres, and prior to work commencing on the respective phases, the Council entered into binding contracts for the acquisition of approximately 17,444 square metres, the majority from Dunlossit Estates. As part of the contracts, the Council agreed to transfer approximately 3218 square metres to sellers.

2. On completion of the binding contracts referred to, a total of £44,500 was paid to sellers to enable the Council to gain entry to the relevant land. This does not represent payment in full for all the land, since, as previously indicated, 3218 square metres is to be conveyed by the Council to sellers.

3. The contracts to which I have referred represent legally binding and enforceable contracts entitling the Council to a conveyance of the relevant land in exchange for fulfilment by the Council of its obligations in terms of the missives. These contracts are enforceable for a period of up to 20 years after the date they are entered into.

4. It was only after the works had been completed that the precise boundaries of the land being acquired from Dunlossit could be established - these could not be established prior to the Council taking entry and commencing the engineering works. Additionally, it was a condition of the contract with Dunlossit that part of the old road to be conveyed to the Estate required to be stopped up and this process, which I was advised commenced in 2005, was completed only in November 2009.

5. The Council has not registered title to the land but steps will be taken to conclude matters over the course of the next few weeks. This will also involve conveying the 3218 square metres to the sellers.

6 The Council has of course enjoyed possession of the land and no-one has to date, or is likely to in the future, question its entitlement to use the land in question.

7. I was not consulted about the terms of the Area Committee report to which have referred but it may be that officer concerned made certain assumptions about the stage matters had reached.

8. I repeat that the Council and its funders were, and remain, fully protected by virtue of the contracts which are in place and indeed are doubly protected by virtue of the adoption of the road in accordance with the provisions of the Roads (Scotland ) Act 1984.

Donald Kelly

Chief Solicitor, Conveyancing Contracts & Estates