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Right by prescription - Mortgage issue

  • 31-07-2023 7:31am
    #1
    joeyanne
    Registered Users, Registered Users 2 Posts: 36 ✭


    Hi there,

    I am looking for some info on right by prescription. We have been granted planning to demolish and build a replacement dwelling, we are using the same entrance for the new house as was used for the old house. At the stage of going for our mortgage, it has come to light that there is approx a 6ft area of land at the front of our site that belongs to the neighbour. This piece of land has been used as the entrance for the original house for 50+ years. But now we cannot get a mortgage until this land is in our name. Unfortunately, this particular neighbour is being not very helpful and has been fobbing us off for weeks now, which has caused us to put a halt on our building.

    My in-laws believed that this piece of land had been transferred over years ago, but we now believe it was a verbal agreement.

    The solicitor for my in-laws (who transferred the land over) believes we should be able to get a right by prescription on this land, but our solicitor is not having this.. I'm just wondering has anyone ever come across a situation like this before? We are still hoping the neighbour will eventually come around and sign this over - we are of course not going to leave them out of pocket and will pay their fees and provide some sort of remuneration for this.

    Tagged:


Comments

  • #2
    Deeec
    Registered Users, Registered Users 2 Posts: 5,504 ✭✭✭Deeec


    https://www.boards.ie/discussion/2058307287/right-by-prescription-mortgage-issue

    Very stressful situation. Best solution is to talk money with the owner - be prepared to pay fairly. Money is the quickest way to solve this unfortunately.

    It seems really your inlaws were to blame for not ensuring that the transfer happened years ago.



  • #3
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    There is always a solution, it just depends on how much the neighbour wants.



  • #4
    joeyanne
    Registered Users, Registered Users 2 Posts: 36 ✭joeyanne


    Thanks all. Yes we're aware he will probably look for money - we're just hoping he doesn't take the piss. The land is quite literally a hedge and small area of unusuable land behind it before the small section on our entrance.

    We're hoping to get it sorted this week so fingers crossed. 🤞



  • #5
    ittakestwo
    Registered Users, Registered Users 2 Posts: 1,699 ✭✭✭ittakestwo


    Confused. Prescription is a term for getting an easement such as a right of way over time. Adverse possession is a term for getting land that you dont have title to over time.


    You say Prescription in title but i think you mean you want to get adverse possession? Ie become the owner of the land.


    If that land is not significant as you are making it out to be can you just ignore it. Even if you dont own it but you cross it to get to your house you will have gained a prescribed right of way over it as you have been using it for 50 years as access.


    You can apply to land register with a form section 68 to register a right of way over it If the land is registered. If the land has been used as the main enterance to your house for last 50 year the existence of a ROW cant be refuted.



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