Property burden

dinamit875

Hi everyone, I am looking for help with burdens on houses. Theres a house for sale by the bank, I was doing small research on that property on the internet before getting an engineer and found on prai.ie some information about its burden. Please have a look at attached picture and folio of this house. On the picture you can see area highlighted in red, it belongs to the property, but theres a yellow part on buttom right corner which I am asking about as it is mentioned in folio as a burden in section 3 of the folio. Is that a serious problem for new owner or not, and there is still an owner on the house registered not the bank as I thought, because house was taken away by the bank.
Any help or advice is appreciated.

Thanks

Peregrinus

Is the burden a serious problem? Depends on exactly what rights the Lyons-O'Connors and their successors have over the yellow area. This is something that would be disclosed by the vendors in the sale process, and if the property is currently being marketed you could just ask the estate agent, who will at least indicate the nature of the rights.

dinamit875

Peregrinus wrote: »

Is the burden a serious problem? Depends on exactly what rights the Lyons-O'Connors and their successors have over the yellow area. This is something that would be disclosed by the vendors in the sale process, and if the property is currently being marketed you could just ask the estate agent, who will at least indicate the nature of the rights.

Thank you for reply. I will contact an EA today and ask them because when I had s meeting with him about any issues with the property he didn't mention any at all.

randomrb

As has been said above it could be nothing, for €40 you can get a copy of the instrument that created the burden to see what it entails.

However this shouldn't be a bar if you are hoping to buy, if it is a problem your solicitor could raise it in pre-contract inquiries.

dinamit875

No news from them yet, we just offered them 175K for the house, but an EA told us as it is for sale by the bank it will take longer that usual. I was thinking maybe I should contact bank directly and ask them about that house or it would be bad idea? I know all detail of the bank, but never heard of it Start Mortgages LTD. its some kinda private bank or something.

L1011

They were a subprime lender and have since bought non performing loans off other banks. You'll see their name on repossession cases a lot due to that

The bank won't talk to you directly

Peregrinus

Plus, they know almost nothing about the property. They don't know anything more about this burden than you or your solicitor can find out simply by reading the documents lodged in the land registry.

nim1bdeh38l2cw

There are people's personally identifiable information in that PDF. What is your legal basis for sharing that?

mickuhaha

Bexley Nice Karate wrote: »

There are people's personally identifiable information in that PDF. What is your legal basis for sharing that?

That's public knowledge. Anyone can check it on Prai for €5

nim1bdeh38l2cw

mickuhaha wrote: »

That's public knowledge. Anyone can check it on Prai for €5

Doesn't give them the right to share it with the world though.

You'll note the likes of solocheck no longer lists directors of companies for all to see, you've to pay to get that information.

Bexley Nice Karate

Bexley Nice Karate wrote: »

Doesn't give them the right to share it with the world though.

You'll note the likes of solocheck no longer lists directors of companies for all to see, you've to pay to get that information.

It literally gives them the right to share it with the world. It's a public register. In fact, as a matter of law, the world is deemed to know the content of that folio so it's only sharing things we are legally deemed to know anyway.

mickuhaha

Bexley Nice Karate wrote: »

Doesn't give them the right to share it with the world though.

You'll note the likes of solocheck no longer lists directors of companies for all to see, you've to pay to get that information.

It does as they paid for the content. It's public information . If I had a mortal enemie I could check if there name is on the register. If I found a folio with there name on it ( presumably not someone with the same name) I could get the information which will have an address for notice in the state ( home address or solicitors address) and call over for a chat. I could also give the information to the world and nobody could say a thing to me. Some public officials wanted to be excluded from the register but due to Irish law anyone with property in Ireland has there name up in lights for all to see.

mickuhaha

You can also search county council property. Then check the price register for what they paid for it. Ha ha council inflating the market sure it's great.

ganmo

OP what is on the yellow area?
could it be a shared septic tank?

Pat Mustard

dinamit875 wrote: »

theres a yellow part on buttom right corner which I am asking about as it is mentioned in folio as a burden in section 3 of the folio. Is that a serious problem for new owner or not, and there is still an owner on the house registered not the bank as I thought, because house was taken away by the bank.
Any help or advice is appreciated.

Thanks

Mod:

Conveyancing is an area of law which gives rise to many disputes, difficulties, insurance claims and complaints.

Here we have a situation where the OP is interested in a specific property and asks if difficulty could be caused by a particular burden over that property.

First, this question should not be answered without a copy of the relevant Land Registry instrument.

Secondly, a solicitor who practices conveyancing is required to answer the question. Such a solicitor should/would have appropriate insurance in place.

Thirdly, this question is not appropriate to be raised in this forum or on this website, as it is in clear breach of the rule against legal advice.

This requires professional advice, which can't be given here.

Thread closed.