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handing over of a house

  • 11-12-2014 11:54am
    #1
    Registered Users, Registered Users 2 Posts: 374 ✭✭


    Hi Folks,

    Just looking for your thoughts on this and I'll try keep it short as possible.

    The house was last registered in 1930's in deeds, it's changed hands through various family members without any registration. The last member of the family died in 2007, she left all her will to her one remaining sibling. The house would be included in this but she wasn't the title holder. Nobody really knows who was.

    Anyway fast forward a little, squatters are in the house and its causing a nuisance. The likely beneficiary even without the title is the final surviving sibling. The sibling is elderly and their daughter is the only committee member of the ward of state.

    The family tried to get the deeds sorted but couldn't and have now decided to leave the house to rot. Squatters still in there. I've spoken to the daughter and she is agreeing for me to take adverse possession and I am not related at all.

    So based on the fact nobody with their name on the deeds has been in the property since 1940ish and it's been with various people, last notably the late woman in 2007 are they technically squatters and along with the new squatters if they hand it over to me can I claim adverse possession and have the property handed over if the daughter has no objection?

    Thoughts please, this is very complicated.


Comments

  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    You need to speak to a solicitor ASAP. I believe, but am open to correction, that AP can be claimed after 6 years where the owner is deceased.

    You can't be given permission to take AP that negates AP although it has to be by the owner of the property. The very fact that you've even mentioned this means you need legal assistance if anyone cares about this property.


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Lawyer. Now. Do not pass Go. Do not collect $200.

    The people entitled to inherit the house who occupied it were never squatters.

    The people currently in possession, who you think have no right to inherit it and (presumably) are not there with the permission of the person(s) entitled are the one who may be able to establish squatters title - not yet, but if they sit tight for a few more years. However if they hand over to you (why would they even do that?) they can't pass on "credit" for the six years (or whatever) that they have been there. The clock starts again. If you stay for twelve years, without any permission from anyone with a better claim to the property then you may establish adverse possession. The risk is that at some time in the next twelve years someone with a claim to the house would be motivated to do the paperwork, establish title and turn you out.


  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    Peregrinus wrote: »
    Lawyer. Now. Do not pass Go. Do not collect $200.

    The people entitled to inherit the house who occupied it were never squatters.

    The people currently in possession, who you think have no right to inherit it and (presumably) are not there with the permission of the person(s) entitled are the one who may be able to establish squatters title - not yet, but if they sit tight for a few more years. However if they hand over to you (why would they even do that?) they can't pass on "credit" for the six years (or whatever) that they have been there. The clock starts again. If you stay for twelve years, without any permission from anyone with a better claim to the property then you may establish adverse possession. The risk is that at some time in the next twelve years someone with a claim to the house would be motivated to do the paperwork, establish title and turn you out.

    So nobody inherited the property since last registration in 1940's. They wan the house gone because they are being fined by dangerous buildings division in the local council and I want the house. But they have tried numerous times to sort the title with no success. Is there any other way to take a legal handover and deal with deeds at another time?


  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Why are you not on the phone to a solicitor?


  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    Why are you not on the phone to a solicitor?

    Because I'd like to know what I'm talking about first. My understanding is if it hasn't been changed in title since the 40's there could be loads of people entitled to it from the decedents of the title owner back then. The last woman in it died and let everything to her sister, the edlery woman is being fined from dangerous buildings and they want me to take it over. How can I take it over if they don't have the paper title.


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  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Joshua5 wrote: »
    So nobody inherited the property since last registration in 1940's. They wan the house gone because they are being fined by dangerous buildings division in the local council and I want the house. But they have tried numerous times to sort the title with no success. Is there any other way to take a legal handover and deal with deeds at another time?
    Legal handover from whom?

    Who is the council trying to fine?


  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    Peregrinus wrote: »
    Legal handover from whom?

    Who is the council trying to fine?

    the council are talking about fining the elderly sibling as the next 'potential owner'

    as her daughter is the ward of sate she want's to offload it before then.

    Would it not be considered adverse possession since they where not in possession of title of the true owners since the 40's?


  • Registered Users, Registered Users 2 Posts: 7,718 ✭✭✭whippet


    Joshua5 wrote: »
    the council are talking about fining the elderly sibling as the next 'potential owner'

    as her daughter is the ward of sate she want's to offload it before then.

    Would it not be considered adverse possession since they where not in possession of title of the true owners since the 40's?

    pick up the phone and speak to a solicitor ... nobody here is capable or allowed to give you any relevant advise based on what you have told us.

    There is a lot of ifs and buts and a solicitor will ask you the right questions and look for the right details in order to give the best advise.


  • Registered Users, Registered Users 2 Posts: 1,192 ✭✭✭TeaBagMania


    I’d like to know how this turns out, please report back with your finding after consulting a solicitor


  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    I’d like to know how this turns out, please report back with your finding after consulting a solicitor

    I must have spoken to 20 solicitors, none are interested. I also contacted the register of deeds/land registry to see how they deal with such cases in terms of process not for advice.

    They had a wobbler to be frank and hung up on me because I asked what is the step by step process they follow and the timeline involved in an adverse possession case. Not helpful at all....

    So basically the family are saying we don't want it, it's falling apart and I can't claim it.
    Only thing I can do is wait 12 years and by that time they might change their mind if I make it habitable and I'm turfed out.


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  • Registered Users, Registered Users 2 Posts: 5,606 ✭✭✭schemingbohemia


    How can the elderly sibling be fined if they're not the official owner? What are you proposing to do with the current tenants? Why should you get adverse possession and the current tenants give up a potential claim for adverse possession?


  • Closed Accounts Posts: 203 ✭✭Delphinium


    If the elderly sister is a ward of court there must be some one responsible for dealing with dangerous building situation.


  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    Delphinium wrote: »
    If the elderly sister is a ward of court there must be some one responsible for dealing with dangerous building situation.

    So they are saying she is the likely beneficiary so they (Council) will prove it and fine her.
    The family don't have an interest in doing the paperwork to sort it out, I can see why. The solicitors I've spoken to said it will cost 10's of thousands.

    Basically I want the house, they want to surrender it but I'm not allowed to bring in a solicitor to do the families conveyance. If I did they could drop me as a buyer and sell it for double the price once I do all the leg work and put the money up.


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Basically I want the house, they want to surrender it but I'm not allowed to bring in a solicitor to do the families conveyance. If I did they could drop me as a buyer and sell it for double the price once I do all the leg work and put the money up.

    Dear Lord.

    So the "Sellers" / Squatters who admit they don't have title are going to "sell" the title they don't hold and you are going to try and get Adverse possession based on the nod and a wink of the daughter of the true owner.

    What a mess. No wonder 20 solicitors have turned you away. This is outrageous stuff.

    I suspect the reason you are here is that there is another party the true owner who you are all trying to displace before they get a chance to affirm their ownership.


  • Registered Users, Registered Users 2 Posts: 46 Happdog


    You really need to talk to a solicitor, this area is fiendishly complex. The Land registry will not talk to you if you mention legal proceedings, that is not their job and just like this website will not give legal advice.

    It would be easier to purchase the property and have a solicitor deal with the conveyance. They will be best suited to solve any questions in regards title. No solicitor is going to give you advice on how to go about adversely possessing someone else’s property. Indeed it has been mentioned already that Adverse Possession has to be adverse (animus possidendi and all that) and cannot be done with owners permission.

    Speak to the solicitor who dealt with the will, they will be in the best position to know the answer to any questions in regards title and they should be able to deal with the conveyance. Do not try and do this yourself or on the cheap, there are tax and legal implications for all parties and you need professional assistance.


  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    Happdog wrote: »
    You really need to talk to a solicitor, this area is fiendishly complex. The Land registry will not talk to you if you mention legal proceedings, that is not their job and just like this website will not give legal advice.

    It would be easier to purchase the property and have a solicitor deal with the conveyance. They will be best suited to solve any questions in regards title. No solicitor is going to give you advice on how to go about adversely possessing someone else’s property. Indeed it has been mentioned already that Adverse Possession has to be adverse (animus possidendi and all that) and cannot be done with owners permission.

    Speak to the solicitor who dealt with the will, they will be in the best position to know the answer to any questions in regards title and they should be able to deal with the conveyance. Do not try and do this yourself or on the cheap, there are tax and legal implications for all parties and you need professional assistance.

    Sorry- Just to clear this up. I'm not looking to get adverse possession. The ONLY way the family can claim it is adverse possession because the true owners is dead since the 40's.

    We are talking 3 or four generations here so many, many people involved. The family suggested I apply for adverse possession so they don't have to do the work from a legal side and they won't object.

    As for the current squatters, I'll offer them a new place to live in exchange for their succession which they seem agreeable to.

    The issue is, a lost deed from this time frame brings in distant relatives and the locals suffer because nobody wants to fork out the 10-20k for legal and they can't hand it over because they don't have the title even though they are the owners


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Joshua5 wrote: »
    Sorry- Just to clear this up. I'm not looking to get adverse possession. The ONLY way the family can claim it is adverse possession because the true owners is dead since the 40's.

    We are talking 3 or four generations here so many, many people involved. The family suggested I apply for adverse possession so they don't have to do the work from a legal side and they won't object.

    As for the current squatters, I'll offer them a new place to live in exchange for their succession which they seem agreeable to.

    The issue is, a lost deed from this time frame brings in distant relatives and the locals suffer because nobody wants to fork out the 10-20k for legal and they can't hand it over because they don't have the title even though they are the owners

    I am sorry but that is not credible. It's possible to reconstitute title. At some stage the house was legally owned and you simply follow the legal ownership.

    Adverse possession is no title at all. It's almost impossible to get and you have to notify everyone on title, everyone around you, show you have done searches to ascertain the true owner etc.

    The fact that you are even contemplating paying squatters to vacate says it all really.

    Its more likely you have identified a property that is being squatted in and are thinking that you'll squat yourself and magic up title.

    The law doesn't work like that. The true owner can throw you out at any time.


  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    I am sorry but that is not credible. It's possible to reconstitute title. At some stage the house was legally owned and you simply follow the legal ownership.

    Adverse possession is no title at all. It's almost impossible to get and you have to notify everyone on title, everyone around you, show you have done searches to ascertain the true owner etc.

    The fact that you are even contemplating paying squatters to vacate says it all really.

    Its more likely you have identified a property that is being squatted in and are thinking that you'll squat yourself and magic up title.

    The law doesn't work like that. The true owner can throw you out at any time.

    I speak all fact, regardless of if you think it's credible or not it's you opinion.

    The squatters have no claim to it as they haven't reached the 12 years, the family do but in order for them to do so they need to trace back their ancestors to the 40's. The title is to be cut between 10-15 possible people. Not one clear owner. They all have a small percentage, the percentage many own does not make it in their interest to invest in solicitors fees. I'm not looking to squat to claim a free house as you imply. I'm looking to acquire the house, the main likely beneficiary wants to get rid of it because of the hassle. They have no funds to invest or interest to get the title traced back. My interest is in two parts, yes I'd like the house but the house itself is causing issues for the residents, one of which is my mother. I couldn't care less if it was sold tomorrow to a developer, I want it sorted. However if I am to sort it, investing time and money I'd like to know how I can protect my right to buy it after the hardwork is done and money is spent. What exactly are you finding to be the problem with my story? The only people losing out are the residents, the potential owners don't want anything to do with it so whats the issue here?


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Joshua5 wrote: »
    I speak all fact, regardless of if you think it's credible or not it's you opinion.

    The squatters have no claim to it as they haven't reached the 12 years, the family do but in order for them to do so they need to trace back their ancestors to the 40's. The title is to be cut between 10-15 possible people. Not one clear owner. They all have a small percentage, the percentage many own does not make it in their interest to invest in solicitors fees. I'm not looking to squat to claim a free house as you imply. I'm looking to acquire the house, the main likely beneficiary wants to get rid of it because of the hassle. They have no funds to invest or interest to get the title traced back. My interest is in two parts, yes I'd like the house but the house itself is causing issues for the residents, one of which is my mother. I couldn't care less if it was sold tomorrow to a developer, I want it sorted. However if I am to sort it, investing time and money I'd like to know how I can protect my right to buy it after the hardwork is done and money is spent. What exactly are you finding to be the problem with my story? The only people losing out are the residents, the potential owners don't want anything to do with it so whats the issue here?

    Well if you have all the facts you don't need a solicitor or advice.

    Sure have a crack at the conveyance yourself. It'll be Graaaaaaaaaaaand.

    Best of luck with the process.

    I won't be contributing to this mess anymore. Solicitor number 21 out.


  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    Well if you have all the facts you don't need a solicitor or advice.

    Sure have a crack at the conveyance yourself. It'll be Graaaaaaaaaaaand.

    Best of luck with the process.

    I won't be contributing to this mess anymore. Solicitor number 21 out.

    Sorry, I seem to be missing something. What is your problem here? I'm speaking facts about the story I'm outlining. Did I suggest I'd do the legal work? I'm telling you I have spoken to the residents, the next of kin, the squatters. There is NO objections. All are in favour. I didn't create the situation I'm merely trying to find the best outcome for all. But as you seemed determined with your little remarks I bid you fairwell and thank you for your input.


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  • Registered Users, Registered Users 2 Posts: 46 Happdog


    Just to point out the current occupants are not squatters, they have some interest in the property, and it is confusing when you use that term. As I understand it one of them is your mother who I am assuming is in the house because it was passed down by your grandparents.
    Who do you think are the other potential owners?
    Has a section 49 application already been made to the land registry?


  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    Happdog wrote: »
    Just to point out the current occupants are not squatters, they have some interest in the property, and it is confusing when you use that term. As I understand it one of them is your mother who I am assuming is in the house because it was passed down by your grandparents.
    Who do you think are the other potential owners?
    Has a section 49 application already been made to the land registry?

    Ok let me give the longer version of the story to explain. I'm not related in anyway to the owners. My mother is an adjoining property. The deceased was survived by one sibling, that sibling is ward of state and her sole committee rep is her daughter. The house is causing a structural issue to the adjoining properties. It's also causing anti social behaviour. The family of the house in question had to trace back ownership to the 40's so many extended family members have a potential claim to a share in the property. It was worth a few quid so they were progressing. It went on fire, the council issued notices to make safe and they all washed their hands of it and decided not to go ahead with the registration. I contacted them for one main reason, sort it out. After speaking to them and learning the issues they had on dividing the shares and that the legal fees would be more than the house is worth they told me I can have the house! Take it, it's yours is there words. They haven't resolved the legal title issue and have no intention of doing so because of the dilution of ownership just doesn't make it worth their while. So, I'm at the stage that I'd be happy to buy it or take it over and assist with the legal side in securing the title but before I do that I was asking solicitors is there a way I can draft an agreement that when it's settled (because I'm paying for it) that they will sell it to me for X amount. The answer seems to be no, because the are not the true owners in the eyes of the law. So if they don't want to sort it out, it sits there. If I help them to sort it with a view to buying it I run a risk. If I leave it, squatters may get a claim in years to come or worse it could cause serious damage to my mums house.


  • Registered Users, Registered Users 2 Posts: 12,127 ✭✭✭✭Gael23


    Only a solicitor can tell you where you stand. We can't give you proper legal advice


  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    TBH this is going to take a barrister, probably a SC and a Junior who specialise in the area. The solicitors contacted probably realise it will cost ten times what the house is worth to even begin to untangle this mess.


  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    ryanf1 wrote: »
    Only a solicitor can tell you where you stand. We can't give you proper legal advice

    I understand, I rang loads and they said nothing they can do. All say it's upto the family to sort out the title and the family don't want the expense so they won't.


  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    TBH this is going to take a barrister, probably a SC and a Junior who specialise in the area. The solicitors contacted probably realise it will cost ten times what the house is worth to even begin to untangle this mess.

    I agree, I just want to get it sorted. The money isn't really a problem, I want my mums last years to be peaceful and not full of worry which it is. There is actually no solution.


  • Registered Users, Registered Users 2 Posts: 12,127 ✭✭✭✭Gael23


    Joshua5 wrote: »
    I understand, I rang loads and they said nothing they can do. All say it's upto the family to sort out the title and the family don't want the expense so they won't.

    Well in that case there's nothing anyone can do to help. Legal professionals are needed to sort this out, which cost money.


  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    ryanf1 wrote: »
    Well in that case there's nothing anyone can do to help. Legal professionals are needed to sort this out, which cost money.

    I did hear it the first time :-)

    I'm just sharing my story, it's about a house in LIMBO... I'd just like to hear peoples opinions on the fact it's a shame nothing can be done.


  • Registered Users, Registered Users 2 Posts: 46 Happdog


    I am somewhat confused over what you want here, is it to render the land “safe”. If so, the Local Authority seem to be taking steps in that regard, as per your previous post where you mentioned that there were proceedings presumably under either the derelict site act or the Local Government act. If the Local authority is bringing proceeding they will have to prove ownership and they would have the resources to do so easily. This may be the solution to determining title. Of course this could take a while, and you cannot compel them Hussey v Dublin County Council being the case on that point.

    If on the other hand you are just trying to obtain the land at a knock down price I don’t think you’re going to be able to do so without getting some very expensive legal advice.


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  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    Happdog wrote: »
    I am somewhat confused over what you want here, is it to render the land “safe”. If so, the Local Authority seem to be taking steps in that regard, as per your previous post where you mentioned that there were proceedings presumably under either the derelict site act or the Local Government act. If the Local authority is bringing proceeding they will have to prove ownership and they would have the resources to do so easily. This may be the solution to determining title. Of course this could take a while, and you cannot compel them Hussey v Dublin County Council being the case on that point.

    If on the other hand you are just trying to obtain the land at a knock down price I don’t think you’re going to be able to do so without getting some very expensive legal advice.

    It's been dangerous for years, making safe is ok but not good enough. It's nothing about buying it at a knockdown price, it's about a house having proper people living in it beside my mother. People seem to be under the assumption I just want to claim it for profits which is not the case. As I've said I'm more than happy to purchase it or whatever the family of it want. I'd be more than happy to make it safe and more than happy to pay their legal fees to get the title sorted but I'd need a guarantee that after I invested that money it wouldn't be a case they just decide thanks we'll now go elsewhere to the highest bidder. Is it really that bad for me to want to sort it out??


  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    Basically I thought, which I clearly was wrong I could say to the family ok I'll help to sort the title and pay the bills etc and we deduct that from the agreed sale price. But it appears I can't come to that agreement because it can't indicate that they will sell the property to me until the own it so it's back full circle.


  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    OP, the only guarantee here, is that you are asking to walk into a nightmare.

    I'm no legal eagle, but was wondering if it might be possible for the many owners to relinquish any interest in the said property to you, in writing, before going forward. You would need to go talk to a solicitor and be clear with your desired outcome. Buttering it up will not help.


  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    goz83 wrote: »
    OP, the only guarantee here, is that you are asking to walk into a nightmare.

    I'm no legal eagle, but was wondering if it might be possible for the many owners to relinquish any interest in the said property to you, in writing, before going forward. You would need to go talk to a solicitor and be clear with your desired outcome. Buttering it up will not help.

    You hit the nail on the head right there. But seemingly they can't because they don't officially have the title. You can't relinquish the rights to something that's not yours at the time. Pretty much a nightmare.


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    They can certainly sign a binding contract that says that if they get registered as the owners of the land then they will sell it to you on stated terms.

    In fact, this would be a standard contract, except that one of the condition, instead of (or, if you want, as well as, the usual "subject to survey, subject to mortgage approval" conditions) would be a "subject to registration" condition. And, in that contract or in a separate contract, you could agree to pay a stated amount of money to cover the costs of sorting out the title, the amount paid to be deducted from the amount you have to pay to complete the purchase.

    What you can't guarantee, though - what nobody can absolutely guarantee - is that by laying out a predetermined amount you will get the title sorted. Or, more worryingly, when you do get it sorted, that it will turn out that the people entitled to be registered are the people you have a contract with. What if sorting out the title results in the discovery that some other person has some share in the property, and they aren't keen to sell?

    So what you want to do is possible, but it's not risk-free. No property transaction is entirely risk-free, and a transaction involving a property whose title is this messed up is going to be riskier than most. There's no way around this.

    (And the fact that one of the people with a claim to the property is a ward of court is a further complication. I'm not sure if maybe court approval might be required for any transaction involving her property. And in considering the transaction the court won't be asking itself whether the transaction is in your best interests or in the best interests of your mother; they'll be asking if its in the best interests of the ward. That excludes any possiblity of a bargain price for you.)

    Bottom line, if this works, you will get a house with good title, but you will do so on terms that you end up laying out the full market value of the house with good title. And there will be a risk that it doesn't work; you lay out money to sort out the title, but end up with no property.


  • Registered Users, Registered Users 2 Posts: 18,988 ✭✭✭✭kippy


    Have you thought about moving your mother out of the adjoining house to somewhere else, if your primary concern is her? Seems to be cheapest and least troublesome solution to the pertinent issues at hand.


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  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    kippy wrote: »
    Have you thought about moving your mother out of the adjoining house to somewhere else, if your primary concern is her? Seems to be cheapest and least troublesome solution to the pertinent issues at hand.

    Its her family home, I don't see moving her out of somewhere she has lived most of her life as something beneficial to her. She certainly wouldn't like it.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Joshua5 wrote: »
    I speak all fact, regardless of if you think it's credible or not it's you opinion.

    The squatters have no claim to it as they haven't reached the 12 years, the family do but in order for them to do so they need to trace back their ancestors to the 40's. The title is to be cut between 10-15 possible people. Not one clear owner. They all have a small percentage, the percentage many own does not make it in their interest to invest in solicitors fees. I'm not looking to squat to claim a free house as you imply. I'm looking to acquire the house, the main likely beneficiary wants to get rid of it because of the hassle. They have no funds to invest or interest to get the title traced back. My interest is in two parts, yes I'd like the house but the house itself is causing issues for the residents, one of which is my mother. I couldn't care less if it was sold tomorrow to a developer, I want it sorted. However if I am to sort it, investing time and money I'd like to know how I can protect my right to buy it after the hardwork is done and money is spent. What exactly are you finding to be the problem with my story? The only people losing out are the residents, the potential owners don't want anything to do with it so whats the issue here?

    As you have already been told there are numerous problems here.

    Talk to a solicitor


  • Registered Users, Registered Users 2 Posts: 18,988 ✭✭✭✭kippy


    Joshua5 wrote: »
    Its her family home, I don't see moving her out of somewhere she has lived most of her life as something beneficial to her. She certainly wouldn't like it.

    Versus the alternatives?
    She's obviously not happy living there at this point - based on what you have said.
    The impact of sorting out the issue that has her at this point is huge.

    Just putting it out there. You're about to spend a fortune on trying to resolve this as well as rehoming the squatters.
    Sometimes theres' no point throwing money after a solution when a far better solution exists.


  • Registered Users, Registered Users 2 Posts: 7,559 ✭✭✭plodder


    Peregrinus wrote: »
    (And the fact that one of the people with a claim to the property is a ward of court is a further complication. I'm not sure if maybe court approval might be required for any transaction involving her property. And in considering the transaction the court won't be asking itself whether the transaction is in your best interests or in the best interests of your mother; they'll be asking if its in the best interests of the ward. That excludes any possiblity of a bargain price for you.)
    Would it not be possible to structure an agreement so that the ward gets their share of the open market price, but everyone else agrees a fixed price beforehand?

    I guess there is still the risk that other parties will appear out of the woodwork who weren't party to any agreement.


  • Registered Users, Registered Users 2 Posts: 1,192 ✭✭✭TeaBagMania


    At some stage the house was legally owned and you simply follow the legal ownership.

    This
    Not sure if the same is true in Ireland but in the US all land transfers are public record so I can request from the county records office all sales info, deeds, etc. on any property.
    Are searching these records and doing the legwork yourself even an option?



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  • Registered Users, Registered Users 2 Posts: 1,663 ✭✭✭MouseTail


    I don't understand, if sucession is traced, you say there are 10-15 beneficiaries, then you state there is a 'main' beneficiary. That makes no sense, all 15 will have equal shares.
    its not uncommon for a house to have passed through a generation and title not to have changed, its straight forward enough with the assistance of the probate office. There is no way that one of the beneficiaries can sign over the house in its entirety though, that is ludicrous.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    If the house is or is becoming derelict, the Local Authority may consider seeking a Compulsory Purchase Order under the Derelict Sites legislation.

    They would have to notify all those who appear to have an interest in the house, including squatters and the Solicitor for Wards of court in the case of the person who is a Ward.

    A notice in the press would cover anyone who cannot be traced.

    There are procedures for dealing with objections, and later for establishing the acquisition price.

    The COuncil could then acquire a good marketable title.

    In cases where someone could establish that they were the reputed/likely owners, the local authority may consider selling or transferrring to that person, depending on the circumstances.

    Approval of the sale would be a reserved function ( i.e. resolution of members at a council meeting )


  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    MouseTail wrote: »
    I don't understand, if sucession is traced, you say there are 10-15 beneficiaries, then you state there is a 'main' beneficiary. That makes no sense, all 15 will have equal shares.
    its not uncommon for a house to have passed through a generation and title not to have changed, its straight forward enough with the assistance of the probate office. There is no way that one of the beneficiaries can sign over the house in its entirety though, that is ludicrous.

    Of course there can be a main beneficiary, for example a mother dies leaving the house to her children, two children are dead, those children have 3 or for children and they are entitled to their parents share. It get's diluted in that way. So there is one surviving sibling so she is the main beneficiary while the other share are diluted amongst the next of kin of the other siblings. I never said one can sign it over, I said one is the main beneficiary and as such has the main interest in the property to move it along.


  • Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    nuac wrote: »
    If the house is or is becoming derelict, the Local Authority may consider seeking a Compulsory Purchase Order under the Derelict Sites legislation.

    They would have to notify all those who appear to have an interest in the house, including squatters and the Solicitor for Wards of court in the case of the person who is a Ward.

    A notice in the press would cover anyone who cannot be traced.

    There are procedures for dealing with objections, and later for establishing the acquisition price.

    The COuncil could then acquire a good marketable title.

    In cases where someone could establish that they were the reputed/likely owners, the local authority may consider selling or transferrring to that person, depending on the circumstances.

    Approval of the sale would be a reserved function ( i.e. resolution of members at a council meeting )

    I've been engaging with the council on the matter too, that is a possibility alright but they said these things can take years so they are hoping we can sort it the other way.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Joshua5 wrote: »
    I've been engaging with the council on the matter too, that is a possibility alright but they said these things can take years so they are hoping we can sort it the other way.

    OK, but the Derelict Site route maybe quicker

    Has been used in the past to "cure" bad titles.

    The difficulty is in making a case to the council that, when they get a clear title, that they should transfer to your client and for what price.

    Depends on the circumstances of each case


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