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Who owns the property?

  • 01-04-2018 7:12pm
    #1
    jleavy046
    Closed Accounts Posts: 155 ✭✭


    Hi,
    I'm sorry but the title doesn't really sound right, but here's go's.

    Grandfather and grandmother lived in a house in Kildare all their lives. Grandfather passed away in 91, no will as far as I know.

    Grandmother lived on in the house until she passed away in 2001.

    One of the daughters seems to have assumed ownership of the property and has now moved in their own kids. The grandmother's will dose not seem to have been executed at all.

    Just today I've looked up the property registry and I see only the grandfather's name on the folio.

    From the folio the grandmother was never mentioned, there is only one entry for owner which solely names the grandfather.

    Under bordens there is

    1 "The property is subject to the statutory conditions in Section
    17(2) of the Labourers' Act, 1936 and to the restrictions
    against mortgaging or charging in Section 21 of that Act until
    the annuity at Entry No. 2 has been determined."

    2. "A Cottage Purchase Annuity of £22:2:0 for 46 years payable by
    monthly instalments of £1:16:10 each.
    THE COUNTY COUNCIL OF THE COUNTY OF KILDARE is owner of this
    charge."

    So, trying to keep this as simple as possible, so owns the property right now?
    Grandmother isn't mentioned, her daughter isn't mentioned and her daughter who is in the house isn't mentioned.


    There's a will from the grandmother which, for reasons I'm not sure about, hasn't been enacted.

    Final question, does a will need to be witnessed to (1990's)?

    Thanks...


Comments

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


    Mod
    Solicitor time - its what they do.
    Will leave open for any comments


  • #3
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,805 ✭✭✭GerardKeating


    If the Daughter moved in with her kids in 2001, then would she be able to claim adverse possession by now?


  • #4
    jleavy046
    Closed Accounts Posts: 155 ✭✭jleavy046


    GerardKeating wrote: »
    If the Daughter moved in with her kids in 2001, then would she be able to claim adverse possession by now?

    I don't think the daughter resides there at all, just bet own grown up daughter and her family.


  • #5
    fritzelly
    Registered Users, Registered Users 2 Posts: 17,863 ✭✭✭✭fritzelly


    citizensinformation.ie will give you some guidance
    But as mentioned you need a solicitor, the grandmother wouldn't even hold a full share of all the grandfathers assets to start with without a full will
    Too murky an area to have any clear cut directions.


  • #6
    jleavy046
    Closed Accounts Posts: 155 ✭✭jleavy046


    fritzelly wrote: »
    citizensinformation.ie will give you some guidance
    But as mentioned you need a solicitor, the grandmother wouldn't even hold a full share of all the grandfathers assets to start with without a full will
    Too murky an area to have any clear cut directions.

    Fair enough. Cheers.


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