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Leasehold Query

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  • 24-08-2004 5:51pm
    #1
    vorbis
    Closed Accounts Posts: 1,525 ✭✭✭


    Bit of a strange one this. My granddather apparently sold some propert circa 1934 to the local council. Legally he sold them a lease but the lease runs "while grass grows and water flows" so I don't think its running out anytime soon :) . The thing is that the council are supposed to pay a nominal amount each year for the lease.

    They paid this up to about 15 years ago. Then they stopped and would only resume payments if proof was shown of the original lease. My aunt no longer has the records so nothing was done about it. The amount involved is small so its more out of a sense of entitlement that she wants to persist with it. The question is, which place do you contact in order to obtain information about leasehold contracts or property deeds? I figure that the property deeds are still in our name so obtaining a copy of them could be used as some form of proof.


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    #2
    Cuauhtemoc
    Registered Users Posts: 407 ✭✭Cuauhtemoc


    Maybe have a look here...
    http://www.landregistry.ie/
    Should be able to find proof of ownership.

    The amount may be a nominal amount but surely there was some sort of clause to allow increases for inflation. Can't see a lease been given for 10 quid a year or something, forever.

    As a matter of interest how do you know the terms of the lease if you don't have the original/copy??


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    #3
    Victor
    Registered Users Posts: 78,243 ✭✭✭✭Victor


    vorbis wrote:
    They paid this up to about 15 years ago.
    This time span may be a very serious issue. The Statute of Limitations, 1957 say if you don't have to pay rent on property for 12 years, it's yours. It's call adverse possession. Depending on what way the land was being used, this is likely to apply (the council's possession of the land must dispossess you).

    Ask yourself, was your grandfather's intention that the community or the council have the land?

    Talk to a solicitor.


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    #4
    vorbis
    Closed Accounts Posts: 1,525 ✭✭✭vorbis


    my aunt rememebers the details but they no longer have the paperwork.
    Victor wrote:
    This time span may be a very serious issue. The Statute of Limitations, 1957 say if you don't have to pay rent on property for 12 years, it's yours. It's call adverse possession. Depending on what way the land was being used, this is likely to apply (the council's possession of the land must dispossess you).

    Ask yourself, was your grandfather's intention that the community or the council have the land?

    Talk to a solicitor.

    The land is obviously theirs, I mean when is grass gonna stop growing? The issue is regarding the yearly amount. I'd imagine that that law relates to not being charged rent for 12 years. i.e. no one was looking for rental money. This might be different in the sense that she is except that she doesn't have the proper documentation atm.


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