Land

Dtp1979

I'm living in an end of terrace house. At the end is a large piece of grass that would make quite a large garden. The grass is used by people to walk onto a back lane sometimes. I spoke to the original developer about buying it but he said it's not his anymore and that it belongs to the council. The council say the opposite and I have to go through the developer.. Now the developer says that I should just erect a fence as long as no neighbours object. Where do I stand legally on this??

234

You should buy it from the owner. Use landdirect.ie to find out who the registered owner is and approach them.

Also, if purchasing land you will definitely need a solicitor

Bepolite

Basic adverse possession. Have a google as no legal advice can be given here. Otherwise speak to a solicitor.

Pat Mustard

You have your eye on some land that you don't appear to own, and you don't know who owns it.

It seems you may be talking about a prospective claim of adverse possession. However, your OP does not show that you have been in possession of the land.

There are many threads on adverse possession on this forum. If you use the search forum function, you will find them, and they may be of use to you.

There are two systems of land ownership in Ireland, Land Registry and Registry of Deeds. If it is a Land Registry property you may be able to check the maps on the Land Registry site to see who owns it. Maybe.

You could look at the Land Registry practise directions on adverse possession, if you wanted to read the law and procedure behind it.

Or you could have a chat with a solicitor, who could advise you on what is involved in adverse possession and what it might take to end up registered with a good title (or otherwise) in the Land Registry. He or she could also carry out the necessary searches regarding land ownership.

EDIT: if the land could be bought from the owner, that would be simplest thing. However, it could be that the developer still owns the land, wants the local authority to take it in charge, but they haven't yet done so.

Dtp1979

The Mustard wrote: »

You have your eye on some land that you don't appear to own, and you don't know who owns it.

It seems you may be talking about a prospective claim of adverse possession. However, your OP does not show that you have been in possession of the land.

There are many threads on adverse possession on this forum. If you use the search forum function, you will find them, and they may be of use to you.

There are two systems of land ownership in Ireland, Land Registry and Registry of Deeds. If it is a Land Registry property you may be able to check the maps on the Land Registry site to see who owns it. Maybe.

You could look at the Land Registry practise directions on adverse possession, if you wanted to read the law and procedure behind it.

Or you could have a chat with a solicitor, who could advise you on what is involved in adverse possession and what it might take to end up registered with a good title (or otherwise) in the Land Registry. He or she could also carry out the necessary searches regarding land ownership.

EDIT: if the land could be bought from the owner, that would be simplest thing. However, it could be that the developer still owns the land, wants the local authority to take it in charge, but they haven't yet done so.

No I've never been in possession of the land. But I'd like to be!! It'd be quite easy to turn it into my garden. Neither the council or the developer claim it's theirs

Pat Mustard

Dtp1979 wrote: »

No I've never been in possession of the land. But I'd like to be!! It'd be quite easy to turn it into my garden. Neither the council or the developer claim it's theirs

I'd start with searches, to see if an owner can be found.

After that you will need advice, because:

1. If you intend to buy the land, you would be well advised to have a solicitor to make the approach. A solicitor will be needed to carry out the conveyancing work anyway.

2. If the owner refuses to sell or if it is not possible to buy for some other reason, basic advice at the outset may help you to avoid certain mistakes that can be made which might upset (future) claims of adverse possession.

amen

I thought when planning permission was given for an estate that there must be a minimum amount of green space available.

If in this case the land was part of the green space would you still be able to obtain adverse posession ?

234

amen wrote: »

I thought when planning permission was given for an estate that there must be a minimum amount of green space available.

If in this case the land was part of the green space would you still be able to obtain adverse posession ?

Planning permission and conditions go to use, not ownership, so cannot exclude an adverse possession claim.

Dtp1979

What's an adverse possession ?

Bepolite

Dtp1979 wrote: »

What's an adverse possession ?

When land is occupied and used by someone that isn't the owner for a period of time (12-60 years depending on a number of factors) they can claim ownership of the land. Some people believe this to be tantamount to theft, but there are numerous reasons why it exists, not least that it maintains the value of land.

You obviously didn't follow my advice to have a google, so speak to a solicitor.

Dtp1979

Bepolite wrote: »

When land is occupied and used by someone that isn't the owner for a period of time (12-60 years depending on a number of factors) they can claim ownership of the land. Some people believe this to be tantamount to theft, but there are numerous reasons why it exists, not least that it maintains the value of land.

You obviously didn't follow my advice to have a google, so speak to a solicitor.

I'd rather hear someone like yourself tell me in plain English than read law documents

234

Dtp1979 wrote: »

I'd rather hear someone like yourself tell me in plain English than read law documents

If you would rather that then go pay for the services of a solicitor. Apart from all the the professional risk that would go with giving legal advice over the internet, lawyers aren't in the business of giving their product away for free.

Pat Mustard

Dtp1979 wrote: »

I'd rather hear someone like yourself tell me in plain English than read law documents

Squatting on land.

Carawaystick

Dtp1979 wrote: »

What's an adverse possession ?

very very roughly

if you take over a piece of land and use it and keep it as your own for 12 years, you can go to court and get it officially made yours.

Land law is fiercely complicated, and there is a whole load more to it than just that, but that's the broad outline.

A Neighbour of mine did something similar, hedged off a bit of green area at the end of the road. He left about 6 feet of grass outside the hedge as public space.
That's there about 9 years now, wonder if anything'll happen in the next 3.

Dtp1979

234 wrote: »

If you would rather that then go pay for the services of a solicitor. Apart from all the the professional risk that would go with giving legal advice over the internet, lawyers aren't in the business of giving their product away for free.

Neither am I mate yet I give away free advise on boards on a daly basis. I was only asking for a basic outline of what I needed to do. Thanks anyway

Bepolite

Dtp1979 wrote: »

Neither am I mate yet I give away free advise on boards on a daly basis. I was only asking for a basic outline of what I needed to do. Thanks anyway

Simple, speak to a solicitor.

Legal, like medical advice, carries with it a duty of care. There are plenty of plain English explanations of AP/Squatters rights including quite an interesting Indo article in the top 10 results on google.

I'm happy to try and explain things but teach a man to fish and all that.

Bepolite

Carawaystick wrote: »

A Neighbour of mine did something similar, hedged off a bit of green area at the end of the road. He left about 6 feet of grass outside the hedge as public space.
That's there about 9 years now, wonder if anything'll happen in the next 3.

If its local authority land he's another 21 years to wait, if memory serves.

Dtp1979

Bepolite wrote: »

If its local authority land he's another 21 years to wait, if memory serves.

No it's not local authority l

Carawaystick

Bepolite wrote: »

If its local authority land he's another 21 years to wait, if memory serves.

Well, it wasn't at the start....