Splitting a inherited house from a folio

adkav81

So long story short, my wife has inherited a house, and her brother, who she doesn't get on with, has inherited the land around the house. The house and the land around it are on the same folio number. How does this work in terms of splitting the house from the folio? Will the Folio be transferred to her brother and then the land is split or will the split happen before anything is transferred into anyone's name? How long does this process usually take? This is all rather new to us and we want to avoid any unnecessary conflict or hassle.

Casati

Executor will have to apply to split the folio

wildwillow

Hope it has been worded correctly and the driveway access to the house is included.

I’ve seen a case of a bungalow on a farm where the daughter inherited but her brother’s inheritance included the access driveway. Will was badly worded and parents’ wishes has been well known. Fortunately they were on excellent terms and he transferred that strip to her. Its value was low so no problem legally or with revenue. But it could have been a nightmare scenario if he had dug his heel in.

adkav81

https://www.boards.ie/discussion/comment/121556896#Comment_121556896

The the wording is quite vague and only mentions the house and not the driveway. And the brother, who would generally know more about these sorts of things says the entire folio will be transferred into his name and then split which will take a couple of years to do. My wife is inclined just to let him do his thing to avoid hassle.

mickdw

No entire folio should not be transferred to brother.

Executor should engage an Engineer to assess the property.

I do quite abit of this type of mapping for transfers and realistically what needs to happen is that the engineer will map the area associated with the dwelling for transfer from farm folio.

As far as I'm concerned, when a will states a house is to go to some person, that will include house and its plot as per planning permission unless specifically noted otherwise.

To transfer a house without all lands associated with its planning is creating a non compliance situation which I certainly ly won't map for anyone and the solicitors I deal with won't do it either.

So in short, executor should have the house plot suitably mapped including appropriate site. Solicitor will then look after transferring house to one party and remainder of folio to other party.

HazeDoll

It doesn't take a couple of years to split the folio unless somebody is dragging their heels.

If the relationship between the brother and sister isn't great it's a bad idea to allow any 'grey areas' to develop. "The house is in his name but it's mine really," is a recipe for disaster. Do everything by the book, don't allow yourselves to be rushed. Consult a solicitor at every step.

Markcheese

Also worth sorting out water and power rights / access,

Many farms have only one connection ,or well , for both house and farm ,

Is there a shared access via the entrance drive way ,ie. is the laneway in also a farm road ? ,

Who's responsible for any fencing or gates around the house ,garden and driveway/ lane ,

And wheres the septic tank ,and its drainfield , that can be sorted on deeds,even if its not on the "garden of the house"

Is there any sheds or an old yard associated with the house but that could be understood as farm buildings ?

Get everything clearly agreed early , especially if there's a possibility of family friction ,

Probably worth getting your own solicitor,or at least advice , as well as the engineer..

dazzler101

The entire folio would need to be split into two. One new folio (House) for yourself etc. and the residue folio (Land) will stay the same but change of ownership to your brother.

The complicated part will be carrying over any existing burdens, wayleaves or charges. these can be road access granted for somebody to use, access to pipelines or wells etc.

Any good experienced Solicitor would have came across this scenario a lot. but get a good engineer/surveyor to map out correct boundaries etc., on a compliant map, this may involve some agreement with you brother in determining what is associated with the house, land etc.