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Burdens on Property

  • 21-05-2022 6:21pm
    #1
    magicEye
    Registered Users, Registered Users 2 Posts: 280 ✭✭


    If there are burdens on a property, the owner is now deceased and the property is derelict and being CPOed by the local council, what happens with the burdens on the property?


    any ideas, greatly appreciated.


    thanks,

    magic



Comments

  • #2
    surrender monkey
    Registered Users, Registered Users 2 Posts: 230 ✭✭surrender monkey


    It very much depends on what the burdens are and what legislation the council is acquiring the property under.


    If the property is being acquired under the derelict sites act then the council can acquire the property by way of a vesting order and all burdens will be cancelled and a new folio will be opened in the register.


    If the property is being acquired under the 1966 housing act then the burdens will be dealt with as part of the conveyancing process. It's very hard to say without know the exact position.



  • #3
    magicEye
    Registered Users, Registered Users 2 Posts: 280 ✭✭magicEye


    Thank you so much. I believe it is a vesting order but there is no update at all on the folio number, and I reckon the CPO happened a few months back, if I contact landdirect, would they be able to advise I wonder?



  • #4
    surrender monkey
    Registered Users, Registered Users 2 Posts: 230 ✭✭surrender monkey


    We're notices servred? The notices will say which act it was done under. Also if it was there derilict sites act the rightful owner only has twelve months from the date of the vesting order to claim compensation.



  • #5
    surrender monkey
    Registered Users, Registered Users 2 Posts: 230 ✭✭surrender monkey


    There wouldnt be an update on the folio number on the landdirect site that the public have access to. Landdirect users with an actual account can see if there are any applications pending on the folio. If you want to pm me about it I can check for you



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