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Burdens and Notices of Burdens

  • 21-04-2009 08:08PM
    #1
    rampantbunny
    Registered Users, Registered Users 2 Posts: 907 ✭✭✭


    Hi folks -

    any pointers on the following?

    If an individual is full owner of a piece of land on which there is a certain dwelling, but the Deeds (Burdens and Notices of Burdens section) are populated as follows:
    "The right of Joe Bloggs to reside in the dwelling house during his life"

    ..does this mean that if the owner wanted to gift some of the land to another (be it a stranger or spouse or sibling), the owner would need consent from the esteemed Mr. Joe Bloggs?

    Seems strange if this is true but an acquaintance has employed a solicitor who instructs that Mr. Bloggs must sign some declaration or other in order for land to be transferred.

    If this seems odd to you guys I will advise this acquaintance to get a second solicitors opinion.


Comments

  • #2
    McCrack
    Registered Users, Registered Users 2 Posts: 3,017 ✭✭✭McCrack


    What you have described is a burden on title. Essentially it is a right of residence for life which Bloggs enjoys subject to him actually being alive.

    Without reading the title myself and going on what you have posted
    the title holder or registered owner is free to sell or in any other way dispose of his interest (no consent needed from Bloggs) in the property but the new owner takes the interest subject to Bloggs entitlement to reside.


  • #3
    rampantbunny
    Registered Users, Registered Users 2 Posts: 907 ✭✭✭rampantbunny


    Thanks McCrack.

    I've just spoken to the title holder regarding the burden. According to the solicitor the Burden is on the estate as a whole due to it not being placed in a separate Folio. The details of the ownership of the land and the details of the Burden were all filed using the same Folio number...

    Does this make sense to you?


  • #4
    McCrack
    Registered Users, Registered Users 2 Posts: 3,017 ✭✭✭McCrack


    Pre 1964 it was Land registry practice to have rights of residence opened as a seperate folio but that's not no longer necessary since Registration of Title Act 1964 so it's not of any consequence that they are both registered on the same folio.

    The fact that it's registered at all (there's no obligation to register these rights) will assist Bloggs in proving his entitlement.


  • #5
    rampantbunny
    Registered Users, Registered Users 2 Posts: 907 ✭✭✭rampantbunny


    hmm.. that is interesting.

    So, if the solicitor maintains that there is a necessity for Bloggs sig due to the Folios not being separated then this may be an incorrect view.

    I'll advise the owner to get a second opinion as the solicitor will be first applying to the land registry (I think that's what they called it) to change this burden, & this will cost €1000 plus VAT.
    The solicitor doesn't hold much hope for success there though & has practically said that there will be a need to pursue through the courts..

    I just hope this is not a case of an inept solicitor leading a clueless client down an unnecessary and costly route.

    Any recommendations of a solicitor in the Galway area that could take a look at the deeds? Perhaps send me a private message if you do. The Deeds are scanned in so can be forwarded for review..are there any other documentation required to investigate this?


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