Taken in charge vs land ownership by LA

seb123

We are looking to buy a house that’s built in 1970s. There is a strip of land that is in front of this house and shared with 2 other houses, but this land has a different folio (the parent folio of these 3 houses) and the original builder is the owner of this strip of land. This sliver of land has traffic lights,footpath, water mains etc in it. The county council has confirmed that it is taken in charge by them but as the land ownership is not taken by the county council, the solicitors are raising it as a qualification on title. Isn’t it enough that the council has in charge. Do they have to take ownership of the property too!!!

Mellor

The land taken in charge is managed by the council, it's outside of the curtilage of the house, and should be irrelevant as far as the sale goes.

Muahahaha

If the strip of land needs to be crossed to access the house then this could collapse your purchase. Reason being before a bank lends you the mortgage they have to be sure they have unhindered access to the house from public land. Its so in the event the mortgage defaults they can repossess the house without having to get permission to cross private land.

Mellor

https://www.boards.ie/discussion/comment/121815536#Comment_121815536

Tat is incorrect. The bank need access does not mean access can only be via public land. There is very little public land in developed areas.

As a simple example, houses in an estate with private roads, can only be access via private land, they legally do so as this creates easement. If the LA takes those roads in charge (as they have), that creates a public right of carriage. They function as any public road, but private ownership is retained.

You would be definitely not be not be able to hoodwink the bank out of a house by a private pathway at the boundary.