Land Allocated for Garage

corajen

Hi,
My Family home has on my Deeds (which I have registered and also paid the Ground Rent) an area allocated for a garage its opposite the front of my house. Five other homes in the area have the same data on there deeds. my question that the need to build garages never arose as most families have one or two cars that fit in their driveways. The green area was maintained by the residents, flowers, tress etc.. the council some time ago started cutting the grass in the area a follow through from another estate via a contractor. i have since learned that a house in the opposite estate has applied for planning permission to extend their home and extend the boundary into these areas allocated for garages. Dose the council or planning have any right to allow this and do we still have rights relating to these garage spaces
Thank You

nuac

Mod
You should get advice from your own solicitor on these issues.
Subject to that and forum rules leaving open for general discussion

Claw Hammer

A person can't seek planning permission in respect of land they don't own without the consent of the owner. It is a valid ground for objection that the person seeking planning is not the owner.

corajen

Claw Hammer wrote: »

A person can't seek planning permission in respect of land they don't own without the consent of the owner. It is a valid ground for objection that the person seeking planning is not the owner.

Thank you,
Can the council claim ownership I have heard if land is not used for purpose the council can reclaimed it.

Claw Hammer

corajen wrote: »

Thank you,
Can the council claim ownership I have heard if land is not used for purpose the council can reclaimed it.

Unless the council owned it before, the council can't reclaim it. Just because planning permission is not taken up, doesn't give the land to the council. It may be different if the council build the houses.

corajen

Claw Hammer wrote: »

Unless the council owned it before, the council can't reclaim it. Just because planning permission is not taken up, doesn't give the land to the council. It may be different if the council build the houses.

Thank you appreciate your input

Wildly Boaring

corajen wrote: »

Thank you,
Can the council claim ownership I have heard if land is not used for purpose the council can reclaimed it.

In general the council do not want to own land.

I've been involved in cases where the council were off loading bits they got under CPO and wanted rid.

corajen

Wildly Boaring wrote: »

In general the council do not want to own land.

I've been involved in cases where the council were off loading bits they got under CPO and wanted rid.

Thank you

NUTLEY BOY

I infer from OP that their interest is leasehold. If so, it might be worth checking with the ground landlord as to what areas they believe their legal interest includes i.e. is the "garage area" within the bounds of the property in respect of which they are collecting ground rent from OP ? If so, that might provide some collateral evidence relating to legal ownership.

My understanding of OP's post is that the planning application relates to what is a proposed annexation of their property. Strictly speaking, I think that the issue of ownership of the garage ground is not a planning matter but it might be worth registering an objection anyhow if it stops the intending developer of the site. €20 to make a submission ?

Generally, with something like this, people need to be careful of the "use it or lose it" hazard. Put another way, people in OP's position need to vindicate their property rights by positive steps.

In summary, OP really does need a solicitor's services as it seems that a number of searches and other enquiries need to be made to resolve issues of title(s) to establish where everyone stands.

corajen

NUTLEY BOY wrote: »

I infer from OP that their interest is leasehold. If so, it might be worth checking with the ground landlord as to what areas they believe their legal interest includes i.e. is the "garage area" within the bounds of the property in respect of which they are collecting ground rent from OP ? If so, that might provide some collateral evidence relating to legal ownership.

My understanding of OP's post is that the planning application relates to what is a proposed annexation of their property. Strictly speaking, I think that the issue of ownership of the garage ground is not a planning matter but it might be worth registering an objection anyhow if it stops the intending developer of the site. €20 to make a submission ?

Generally, with something like this, people need to be careful of the "use it or lose it" hazard. Put another way, people in OP's position need to vindicate their property rights by positive steps.

In summary, OP really does need a solicitor's services as it seems that a number of searches and other enquiries need to be made to resolve issues of title(s) to establish where everyone stands.

Hi ,
Many thanks for you input. The land allocated for the garage is opposite my house there's a road between my house and the allocated area. The green area has seven allocated garage spaces for each resident in the estate (total 7 houses in area a cul de sac). The house looking for planning is at the other side of the green area in a different estate it's not owner occupied but rented I believe, this planning is looking to extend the boundary for an extension but there's plenty of space for this extension without applying for a boundary extension. I have put in a objection based on the garages space is in the area he once to extend into. I have purchased the ground rent and filed the deeds in property department Dublin castle. Now there is no garages in the green area but the area has always been looked after by the residents i.e flowers,trees and until the conncil began cutting the grass on this green area some years ago the residents did it. My point is if the garage space is on my deeds and I purchased the house and the garage area can the council or planning dept. Decide to give it away without my consent, it would effect the value of the houses in the area.
Thank you

Wildly Boaring

Get onto your solicitor.

Sounds like someone chancing their arm.

Who's land is the folio on landdirect.ie ?