The Black Bridge at Plassey

I am repeating here a point I made in response to a comment on this page. I do so because the point is, I think, an important one: some readers don’t check the comments and might miss this.

I have an imperfect copy [with some lines missing] of an indenture made on 8 July 1949 between the Minister for Finance and Limerick County Council under which the Council leased from the Minister

… all that those parts of the lands of Garraun and Sreelane on which Plassey Bridge abuts on both banks of the River Shannon and the site and piles of said Plassey Bridge together with said Plassey Bridge […].

I am not a lawyer, so my interpretation may be misleading, but I think that there are two points of interest.

The first is that, under the indenture, the Council is obliged to “well and sufficiently repair cleanse maintain amend and keep the hereby demised premises”, which includes the bridge. The Council is also required to “use the said demised premises as a public highway”.

The second is that, if the Council fails to do so, the Minister, and his agents the Commissioners of Public Works in Ireland, are entitled (after giving due notice) “to enter upon the hereby demised premises and to execute and to do the necessary repairs and works and the Lessees [ie Limerick Councy Council] shall repay the expenses of such repairs to the Lessor on demand […]“.

As far as I can see, Limerick County Council is in breach of its agreement with the Minister for Finance, and that Minister is entitled to repair the bridge and charge the Council for the cost.

If only there were a Minister for Finance who had an interest in Limerick (or in bridges) ….

3 responses to “The Black Bridge at Plassey

  1. I have written to the Minister for Finance:

    ===begins=====

    Lease dated 8 July 1949 by the Minister for Finance to Limerick Council: Registry of Deeds B43 No 289 5 September 1949

    It is my understanding that, in 1949, Limerick County Council leased from the Minister for Finance

    “… all that those parts of the lands of Garraun and Sreelane on which Plassey Bridge abuts on both banks of the River Shannon and the site and piles of said Plassey Bridge together with said Plassey Bridge […].”

    If my interpretation is correct, under the lease the Council is obliged to

    “well and sufficiently repair cleanse maintain amend and keep the hereby demised premises”

    and to

    “use the said demised premises as a public highway”.

    I believe that the bridge has been closed since it was damaged in the floods of late 2009 and that the Council has not repaired it.

    It is also my understanding that, if the Council fails to meet its obligations, the Minister, and his agents the Commissioners of Public Works in Ireland, are entitled (after giving due notice)

    “to enter upon the hereby demised premises and to execute and to do the necessary repairs and works and the Lessees shall repay the expenses of such repairs to the Lessor on demand […]”.

    I would be grateful if you could tell me:

    (a) whether my understanding of the terms of the lease is correct

    (b) whether the Minister shares my view that Limerick [County] Council is in breach of its obligations under the lease

    (c) whether, if so, the Minister intends to instructs his agents [the OPW or perhaps Waterways Ireland] to repair the bridge.

    ===ends=====

    bjg

  2. http://www.limerickleader.ie/news/business/194717/Funding-approved-for-repairs-to-.html Do you know if there has been any traction to get this project going? I’ve asked the council for an update but have not had a response. JR

  3. I don’t know, I’m afraid. Perhaps one of the better-informed readers may be able to advise …. bjg

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