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receiving land

  • 16-05-2009 1:55pm
    #1
    Registered Users, Registered Users 2 Posts: 28


    Hi , im just new here and have a question. My aunt has told me she is willing to let me build on her land just below her house . im wondering can i just build , or do i need to get the land in question registered in my own name first ? im pretty cluless with the situation up to starting a build so any help would be appreciated, thanks


Comments

  • Registered Users, Registered Users 2 Posts: 3,189 ✭✭✭mr_edge_to_you


    Hey. I've been through a similiar process in the last few months, don't want to explain the particular circumstances here! You will not get finance from a bank on your own without your name on the land. The bank will take the deeds for the full property until the mortgage is paid in full. They can't give you a loan to build on a site that is not legally yours. You might have to go down the above board route. If it is a good site it could be worth it. Another important issue is Have you looked at how easy it would be for you to get planning permission to build on the site? The council could very easily deny permission for a huge variety of reasons. No point having a site you can't build on unless you have livestock!


  • Registered Users, Registered Users 2 Posts: 46,547 ✭✭✭✭muffler


    Apply for your planning permission first and if you are successful go to your solicitor then to arrange the transfer.


  • Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    muffler wrote: »
    Apply for your planning permission first and if you are successful go to your solicitor then to arrange the transfer.
    Good advice, the land doesn't have to be in your name to get planning permission.


  • Registered Users, Registered Users 2 Posts: 28 kayabram


    oh thanks , i was thinking id need the land to apply first , thanks again for the advice


  • Registered Users, Registered Users 2 Posts: 46,547 ✭✭✭✭muffler


    kayabram wrote: »
    oh thanks , i was thinking id need the land to apply first , thanks again for the advice
    No. You dont need to own the land before you apply for planning permission. All you will need is a letter from the legal owner giving their consent for you to make an application in respect of that part of the land.

    As I said above if you get the permission you can then arrange the transfer of the site into your name.


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  • Closed Accounts Posts: 28 Mrs Smith


    I would advise you to get your planning permission and get the site signed into your name as soon as possible thereafter. Having gone through this myself, I know that sometimes aunts and uncles, while generous initially, change their minds,and it can cause untold stress. A long story, but just be careful also.


  • Registered Users, Registered Users 2 Posts: 235 ✭✭steifanc


    if you get the planning before the transfer , the value of the land will gain a lot more value, and you will be shelling out 22% of the value in capital gains , if your aunt gives it to you,
    worth a taught


  • Registered Users, Registered Users 2 Posts: 140 ✭✭picorette


    It is probably worth enquiring with the Local Authority to gauge the liklihood of obtaining Planning Permission before any purchase. You could do this directly yourself or using an Architect or Planner, who you could subsequently engage to prepare the Planning Application.


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