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  1. J

    Part of my garden has no title; what to do?

    It's impossible to predict how people will react, but it is going to cost money. In a best case scenario, you find one person entitled to the interest who agrees to a rectification, or some other deed to tie it all up. At the very least, you'd be expecting to pay their legal fees. At worst, you...
  2. J

    Part of my garden has no title; what to do?

    Maybe, maybe not. Every title is different. The developer could have owned the freehold and granted leases of the sites, or could have had a leasehold and just assigned on portions, or even given sub-leases. There may be leases for lives that are renewable, or several other possibilities...
  3. J

    Part of my garden has no title; what to do?

    Where your main title (the house) is leasehold, you have a very real problem getting title by adverse possession. There is a legal presumption that you have encroached and have only acquired the right to remain in possession, and not the actual title. The presumption can be overcome, but it's an...
  4. J

    Legal Title and Squatters Rights

    Twoflutes is wrong - adverse possession has the effect of extinguishing the paper title and creating a new title. The fact that you have documents are irrelevant if you allow someone else to use your property and acquire title by adverse possession. Establishing adverse possession is a matter...
  5. J

    Interest on Legal Fees?

    Either she signed a deed of charge, or the solicitor got a judgment against her and registered it as a judgment mortgage. That would have involved taking her to court so she would have at least have received notice of it.
  6. J

    Employment contract signed but doesn't want job?

    That's the approach he's going to take. Thanks all.
  7. J

    Employment contract signed but doesn't want job?

    Notice has been handed in, and he's happy enough to go through with it.
  8. J

    Employment contract signed but doesn't want job?

    Thanks - no it's not a counter-offer, it's a quality of life decision.
  9. J

    Employment contract signed but doesn't want job?

    A relative is leaving his job soon. He was offered and accepted another job, and has signed a contract. Both are large multinationals. For various reasons, he now doesn't want to take it up - can he just notify the employer that he doesn't want the job any more, or is there any recourse the...
  10. J

    Do you have to use a solicitor for conveyance?

    OP - what you are planning is a family settlement by way of an exchange. There are several variables to be considered - title, contents of wills, succession, tax etc. Getting it registered is not the problem - the potential issue is whether you end up personally liable if it all goes wrong. At...
  11. J

    Do you have to use a solicitor for conveyance?

    Mortgages don't involve conveyance of the title any more. The Land & Conveyancing Law Reform Act, 2009 changed it. It's now done by way of charge only.
  12. J

    Do you have to use a solicitor for conveyance?

    There is no legal requirement but it's more complicated than you think. There are many issues and here is just a few; There are Revenue implications, such as Stamp Duty and possibly CAT/CGT There are various documents you will need if the purchaser intends to pass it on in the future. If it...
  13. J

    How long does it take to register owners in deeds in PRAI?

    It depends. If it's an existing house, probably 2-4 weeks. If it's a new build, it's more likely to be a few months. If the land is unregistered and first registration is needed then it may take years.
  14. J

    Altering the use of a private right of way.

    Impossible to answer with a lot more detail, but a few bits do pop out. You don't own the roadway, merely a right over it. This is probably a prescriptive right under the Prescription Acts. The neighbour was previously using it in the same way as everyone else, and now wants to change the use...
  15. J

    Judgement Mortgage and Inheritance/Gift

    It may or may not be statute barred. The Statute of Limitations for State Authorities is 30 years. The forum won't let me link, but look at the Property Registration Authority website - there are Practice Directions on Judgnent Mortgages and Cancellation of Burdens. Read them. If you think...
  16. J

    Consideration in terms of a contract.

    You'd have to look into implied terms - the contract is open-ended, not permanent, and can be terminated after reasonable notice. It might be better to think of it as a licence rather than a contract, as the bills would be primarily usage bills (electricity, gas, water, refuse etc). Again, a...
  17. J

    Searching for legal documents re a property to clarify ownership trail

    Call into the Property Registration Authority and ask to see the imaged copy of the folio. This will show the historical trail of ownership. Beside each name will be a date and a number. The number is an Instrument, and is filed in the PRA. Rule 159 governs who can inspect instruments...
  18. J

    Land registry

    Land Registry Forms are not preprinted tickbox type forms. They are the required format for deeds, affidavits etc. Usually they are typed up by the solicitor in the format prescribed by the form i.e. all of the relevant paragraphs dealt with. In Form 35, the burdens relate to the administration...
  19. J

    No property Authority document after 2 years

    The recruitment embargo has taken its toll on staff numbers, and the net result is delays. It will be done, but will take time, unfortunately. You can call to check the status using the reference, and if it becomes genuinely urgent to get it done, they will do their best to facilitate you.
  20. J

    3 year old inherits. Now what?

    Personally I think it's morally dubious, and in my own will I've explicitly prohibited the trustees who would hold on behalf of my children from doing anything like that. The legality, I'm not so sure about.
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