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Land Registry Issues

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  • 20-09-2020 11:24am
    #1
    soupyryan1
    Registered Users Posts: 9 ✭


    Hi There,

    I am looking for some advice on my situation. I have inherited my late fathers home which is built adjacent to what would have been my grandmothers home (I currently own half of this house, Aunt owns the other half). I am planning on buying the aunt out of the house so that I will have sole ownership and carry out works to join both houses together.
    However, I have been looking through the Land registry portfolios and they are incorrect. Many years ago when my grandfather built the house they swapped a piece of land at the back of the plot (on a hill) for a piece at the side of the house to allow them to put in a septic tank. This was never reflected on the land registry and now I am in the situation where I am trying to rectify this so I can proceed with obtaining planning for the works and I can get this piece of land registered correctly.
    I have attached a sketch to show what is currently registered in yellow and what it should be outlined in red.
    I would appreciate any help on how to proceed with this.


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    #2
    sentient_6
    Registered Users Posts: 2,780 ✭✭✭sentient_6


    Conveyance solicitor.


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    #3
    Edgware
    Registered Users Posts: 5,875 ✭✭✭Edgware


    I would say that its a job for a conveyance solicitor. This is a regular task. Many people around the country have made these informal arrangements to help with access to farms, house extensions etc.
    In relation to a public house I recall a situation in a rural pub where the publican added on a room to allow for a pool table to be put in with a serving counter. That was fine until he died and the pub was being sold. It was realised that half the floor space wasn't licensed for the purposes of the Licensing Acts. They had to get a surveyor in to measure up and then apply to the Circuit Court extension of the property. Between surveyor, solicitor and barrister it cost over 8000 puntss


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    #4
    mickdw
    Registered Users Posts: 23,282 ✭✭✭✭mickdw


    soupyryan1 wrote: »
    Hi There,

    I am looking for some advice on my situation. I have inherited my late fathers home which is built adjacent to what would have been my grandmothers home (I currently own half of this house, Aunt owns the other half). I am planning on buying the aunt out of the house so that I will have sole ownership and carry out works to join both houses together.
    However, I have been looking through the Land registry portfolios and they are incorrect. Many years ago when my grandfather built the house they swapped a piece of land at the back of the plot (on a hill) for a piece at the side of the house to allow them to put in a septic tank. This was never reflected on the land registry and now I am in the situation where I am trying to rectify this so I can proceed with obtaining planning for the works and I can get this piece of land registered correctly.
    I have attached a sketch to show what is currently registered in yellow and what it should be outlined in red.
    I would appreciate any help on how to proceed with this.

    You need an Engineer to do a Land Registry Compliant Map and a solicitor to do the rest but get the solicitor to instruct the Engineer as to what they want.


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    #5
    louis346789
    Registered Users Posts: 320 ✭✭louis346789


    Good advice above to get surveyor familiar with land registry to take a quick look


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    #6
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    Presumably you are the registered owner of land occupied by your neighbour and vice versa. You are going to have to do get the cooperation of the registered owner or owners of the neighbouring folio in order to have the boundaries rectified. Usually the registered owner should be happy to cooperate at this as their own title is affected. There is always the possibility that your neighbour will be awkward and cause trouble. First thing to do is talk to the neighbour.


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    #7
    soupyryan1
    Registered Users Posts: 9 ✭soupyryan1


    Claw Hammer wrote: »
    Presumably you are the registered owner of land occupied by your neighbour and vice versa. You are going to have to do get the cooperation of the registered owner or owners of the neighbouring folio in order to have the boundaries rectified. Usually the registered owner should be happy to cooperate at this as their own title is affected. There is always the possibility that your neighbour will be awkward and cause trouble. First thing to do is talk to the neighbour.

    Hi claw hammer

    I am soon to become the registered owner (will be officially signed over next week). We don't know who the owner of the "original plot" is. We have tried to investigate this and none of the locals seem to know who is currently in possession of it. The plot which we have been using is currently unregistered and the PRAI have been unhelpful so far as its currently not in my name. Really I'm just fishing for some tips on how best to proceed on the matter as I'm sure when I go to obtain planning for works on the house it will arise as an issue.
    Thanks to everyone so far for the comments.


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