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Property Law -Unregistered Land purchase

  • 18-11-2021 11:36am
    #1
    Housedevil1
    Registered Users Posts: 5 ✭


    Wonder if anyone can help. My house is situated on a bad bend so I am looking into trying to buy a small piece of land behind my house. Building company who owned it are Dissolved. The council have been cutting the grass & the residents are extremely touchy about it. I cut back over growth from my windows & foundations & within minutes they were out in arms. The land is used as a walkway to a local bus stop nothing else. I’ve reached a dead end. My solicitor thinks I should just put up a fence & go from there. I’d rather go the correct route so I can put a driveway down & rest easy. Any suggestions appreciated.



Comments

  • #2
    Lenar3556
    Registered Users, Registered Users 2 Posts: 1,524 ✭✭✭Lenar3556


    How long ago was the company dissolved? You could look at the companies filings and establish who was acting for the company at the time it was dissolved - they may be able to provide some insight into this piece of land. Local auctioneers might also have some helpful information.

    Local authorities tend not to maintain lands which are not in their charge. If it is being maintained by the council, is being used as a public walkway and this pattern has existed for some time, I would suspect that your solicitor has probably provided good advice.



  • #3
    Lenar3556
    Registered Users, Registered Users 2 Posts: 1,524 ✭✭✭Lenar3556


    Sorry I have just reread your post. Is it the case that your solicitor advises putting up a fence such to enclose this piece of land as part of your own property? and in doing so to prevent it being used as it currently is?

    That may well be provocative and you likely have no legitimate entitlement to do so. Your solicitor may believe that it is unlikely to be subject to legal challenge, but it may make you unpopular in the estate and create issue with neighbours which you may like to avoid.

    I am suspecting this is a small area which was essentially ‘left over’ when dividing out the plots for the individual houses. If the local authority has taken the estate in charge it would be worth getting hold of the details on this event and checking is it included in that transaction.



  • #4
    Housedevil1
    Registered Users Posts: 5 ✭Housedevil1


    Hi, thanks for that. My solicitor has written to the council for an ‘in charge’ letter which will outline what lands they officially take care of. There is a larger green area in the centre of the estate which has been newly paved etc. Our piece of interest is at the end of a Cul de sac - apparently it was to be the original entrance but due to the blind bend it was moved. We are only interested in a driveway & the public walkway to the bus stop would not be affected at all. We have located the firm involved in the Dissolution but the Trustees are not interested in assisting us ( it was all done and dusted in the late 80’s). So basically the question that remains is if the council are ‘in charge’ of the land can we just put up a fence and claim a portion for a driveway? Not really concerned about the neighbours tbh. There’s only 5 houses in the Cul de sac. Also it’s not just a fence I will have to make a door in the back of my house to the new access point so I need to be 100% sure.



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