retention

mrxireland

I was granted retention 2 years ago to spilt my boundry in 2 as i didnt want to sell all the land i owned with my house. I own a 1.25 acre site but plan just to give 0.75acre with the sale of my house and keep 0.5acre for future planning for a house.

What im wanting to know is , i was granted the retention but do i have to apply to the land registry before any saleof my house i get. Im seriously thinking of selling my house at auction in the next few months and want to know will i have to have it all sorted for the auction.

My house has been on the market for 3 years now and i really want a sale to move on with my life so im seriously thinking about auctioning it off. It was built in 2003 and was worth 350k during teh height of the boom but im seriously considering 120-150 just so i can move on with my life as im stuck in a rut with no work or any thing to look forward to. If i were to get a sale then i can see myself being busy for a few years but wouldnt want this retention isue to hold anything up at auction if i were to go ahead with it.

Jimbo

You don't need to apply to the land registry but you do need the site marked accurately on an original LR folio map or LR compliant map by a professional.
You could ask whoever prepared the retention applciation for you. It shouldn't cost more than a few hundred euro if the boundary is straight forward. The boundary should ideally be marked/fenced on the ground aswell.

On a side note, it's would be important these days to have all your paperwork in place and in order before you go to auction. Your solicitor should check that your title is in order and you should also get a BER cert done asap.

mrxireland

Jimbo wrote: »

You don't need to apply to the land registry but you do need the site marked accurately on an original LR folio map or LR compliant map by a professional.
You could ask whoever prepared the retention applciation for you. It shouldn't cost more than a few hundred euro if the boundary is straight forward. The boundary should ideally be marked/fenced on the ground aswell.

On a side note, it's would be important these days to have all your paperwork in place and in order before you go to auction. Your solicitor should check that your title is in order and you should also get a BER cert done asap.

Ive already a ber cert in from a sale that fell through a few years ago. When you say about title, what does that mean.

muffler

mrxireland wrote: »

I was granted retention 2 years ago to spilt my boundry in 2 as i didnt want to sell all the land i owned with my house. I own a 1.25 acre site but plan just to give 0.75acre with the sale of my house and keep 0.5acre for future planning for a house.

What im wanting to know is , i was granted the retention but do i have to apply to the land registry before any saleof my house i get. Im seriously thinking of selling my house at auction in the next few months and want to know will i have to have it all sorted for the auction.

My house has been on the market for 3 years now and i really want a sale to move on with my life so im seriously thinking about auctioning it off. It was built in 2003 and was worth 350k during teh height of the boom but im seriously considering 120-150 just so i can move on with my life as im stuck in a rut with no work or any thing to look forward to. If i were to get a sale then i can see myself being busy for a few years but wouldnt want this retention isue to hold anything up at auction if i were to go ahead with it.

I assume the retention was in respect of amended boundaries so thats the planning end taking care of.

As jimbo said above you will need the revised boundaries marked and registered with the PRAI (used to be Land Reg.) But before you do that if you have a mortgage you will need consent from the lender to do so.

Jimbo

Your deeds/folio should be in order i.e are there any unusual charges/burdens on the property, are there rights of way/wayleaves to services, etc.
If you bought the site recently there's unlikely to be problems. But its better to sort them out now if they are there. You will be employing a solicitor for the conveyancing anyway. I've seen sales fall through because of purchasers getting impatient while these issues are sorted

mrxireland

muffler wrote: »

I assume the retention was in respect of amended boundaries so thats the planning end taking care of.

As jimbo said above you will need the revised boundaries marked and registered with the PRAI (used to be Land Reg.) But before you do that if you have a mortgage you will need consent from the lender to do so.

What do you mean when you say - assume teh retention was in respect of amended boundaries so that the planning end taking care of.



There is no mortage on the property, i built it with money from my parents and also from working in construction through the boom years. I also called in alot of favors from friends and family members who also work in construction so i manged to build it cheaper than what others did at the time.

How long does it take to draw up the revised boundaries and go through the PRAI. And is there ever a chance that the PRAI reject them.

mrxireland

Jimbo wrote: »

Your deeds/folio should be in order i.e are there any unusual charges/burdens on the property, are there rights of way/wayleaves to services, etc.
If you bought the site recently there's unlikely to be problems. But its better to sort them out now if they are there. You will be employing a solicitor for the conveyancing anyway. I've seen sales fall through because of purchasers getting impatient while these issues are sorted

There is a judgement mortage on the property for not paying a loan from the bank, i owe the bank a few quid that i got a lend of to finish of a few rooms and to finish the land scaping on the site. Can this be a problem trying to sell or even selling through an auction

muffler

mrxireland wrote: »

What do you mean when you say - assume teh retention was in respect of amended boundaries so that the planning end taking care of.

What do you mean by "retention" and what was the "retention" for?

I made an assumption as your post was not explicit.

muffler

mrxireland wrote: »

There is no mortage on the property

mrxireland wrote: »

There is a judgement mortage on the property

Well that's certainly as clear as the "retention"

mrxireland

muffler wrote: »

Well that's certainly as clear as the "retention"

LOL, i didnt take a mortage out to build the house but took a small loan out to finish it but didnt keep up with the payments so the bank went to court and took out a judgement mortage on the property so when i sell then they will get their sum. Would this have any effect on my apply to change the boundry ?

muffler

mrxireland wrote: »

LOL, i didnt take a mortage out to build the house but took a small loan out to finish it but didnt keep up with the payments so the bank went to court and took out a judgement mortage on the property so when i sell then they will get their sum. Would this have any effect on my apply to change the boundry ?

The judgment mortgage would be registered against the entire site/house/property which in this case is the 1.25 acres. Thats the way Id read it but Im not a solicitor.

If that being the case then you will need their written consent to sub divide the property.

mrxireland

muffler wrote: »

The judgment mortgage would be registered against the entire site/house/property which in this case is the 1.25 acres. Thats the way Id read it but Im not a solicitor.

If that being the case then you will need their written consent to sub divide the property.

Im near sure it was attached to the whole folio. IS it the bank i phone or their soliciter.

The retention to split the boundry was approved before the judgement, would that benefit me

muffler

mrxireland wrote: »

Im near sure it was attached to the whole folio. IS it the bank i phone or their soliciter.

The retention to split the boundry was approved before the judgement, would that benefit me

We are simply going round in circles here. Can you explain what you meant by "retention" please and what was it for?

In any event you need to talk to your own solicitor. Judgments are normally registered against the entire Folio.

mrxireland

muffler wrote: »

We are simply going round in circles here. Can you explain what you meant by "retention" please and what was it for?

In any event you need to talk to your own solicitor. Judgments are normally registered against the entire Folio.

Sorry, when i say rentention, i mean to retain the boundy. I built the house 8 years ago and on the site i built the house on was 1.25 acre but then i applied for retention to split the site so i could have some land for when i sold my house. Does this clear it up for you

muffler

mrxireland wrote: »

Sorry, when i say rentention, i mean to retain the boundy. I built the house 8 years ago and on the site i built the house on was 1.25 acre but then i applied for retention to split the site so i could have some land for when i sold my house. Does this clear it up for you

Yes, that does clear it up. But when I assumed this was the case you queried it thus causing confusion

muffler wrote: »

I assume the retention was in respect of amended boundaries so thats the planning end taking care of.

Anyhow getting planning permission for revised/amended boundaries or the date you got it wont have any relevance on the fact that there is a judgment registered against the property. The Planning Authority give you permission to make your site smaller and thats the end of that so to speak.

However your 1.25 acres is contained in a single Folio I assume and the judgment would have been registered against the entire Folio. Basically what happens is that a revised valuation has to be got for your "new" site containing half an acre and this would accompany any application to have the remainder of the property released from the judgment. So long as the new valuation is more (or a lot more) than the registered debt then you are in a good position to have your application acceded to.

Again you really need to see your solicitor about this.

mrxireland

muffler wrote: »

Yes, that does clear it up. But when I assumed this was the case you queried it thus causing confusion

Anyhow getting planning permission for revised/amended boundaries or the date you got it wont have any relevance on the fact that there is a judgment registered against the property. The Planning Authority give you permission to make your site smaller and thats the end of that so to speak.

However your 1.25 acres is contained in a single Folio I assume and the judgment would have been registered against the entire Folio. Basically what happens is that a revised valuation has to be got for your "new" site containing half an acre and this would accompany any application to have the remainder of the property released from the judgment. So long as the new valuation is more (or a lot more) than the registered debt then you are in a good position to have your application acceded to.

Again you really need to see your solicitor about this.

Thanks for your replys muffler, theyve been a great help. When you say ive to get it all valued, what would be the process to this and would it be much. The reason i ask this is because im not working at the moment and dont have any money and would find it hard to get my hands on some unless i ask a family member for a loan untill i sell my house.

muffler

At a guess (it varies around the country) Id say you would be looking at something in the region of €150 - €200 approx. You could ring round a few auctioneers and get quotes but if you are putting it up for sale you may well need a valuation in any event for the sale or perhaps you will give it to an auctioneer to sell on your behalf and in which case he could add the cost of the valuation to his overall fee.

mrxireland

Ive been onto my soliciter and shes told me that im ok, all i have to do is draw up what i want to sell and dont need to re-draw the boundrys. She was abit ify at the start but she has told me i might be ok this way.

Slig

Good to hear you got sorted, I couldnt really understand the reasons for the "retention" of a boundary. Surely you would just be selling the house on the 3/4 acre by seperating the folio, similar to how a farmer sells sites from a full land holding.

BTW just as a side, although some LA's are dispensing with the min site areas, some are not and depending where in the country you are in 1/2 acre for an unserviced site may not be sufficent to build on.

mrxireland

Slig wrote: »

Good to hear you got sorted, I couldnt really understand the reasons for the "retention" of a boundary. Surely you would just be selling the house on the 3/4 acre by seperating the folio, similar to how a farmer sells sites from a full land holding.

BTW just as a side, although some LA's are dispensing with the min site areas, some are not and depending where in the country you are in 1/2 acre for an unserviced site may not be sufficent to build on.

I was told i had to retain the boundry because i couldnt sell my house and keep some land. I had to gave all the land away that i got my planning on and that was 1.25acre. I know that some CC are making it 0.75acre now to get planning on but i think ill be ok because i kno wteh farmer well and also a family member owns the land next to it so i think ill be ok with getting the extra piece of land

mrxireland

Slig wrote: »

Good to hear you got sorted, I couldnt really understand the reasons for the "retention" of a boundary. Surely you would just be selling the house on the 3/4 acre by seperating the folio, similar to how a farmer sells sites from a full land holding.

BTW just as a side, although some LA's are dispensing with the min site areas, some are not and depending where in the country you are in 1/2 acre for an unserviced site may not be sufficent to build on.

I was told i had to retain the boundry because i couldnt sell my house and keep some land. I had to gave all the land away that i got my planning on and that was 1.25acre. I know that some CC are making it 0.75acre now to get planning on but i think ill be ok because i kno wteh farmer well and also a family member owns the land next to it so i think ill be ok with getting the extra piece of land