Ownership rights

Z

zapata

Guest
Hi all, I hope this is the correct section.
A parent has land and applies for planning permission to build a house in the name of a sibling. PP is granted and house is built and paid for by parent. Deeds are in siblings name.
Can sibling move in and take ownership without paying parent just by having their name on the deeds?
Thanks
 
Was there an arrangement in place whereby the sibling was supposed to pay their parents back after the house was built? Or did the parents build it and pay for it, and gift it to their child, with no repayment required? Hard to answer your question without knowing that. Also, if the house and land was gifted to them, they will probably be liable for Capital Acquisitions Tax, payable to the Revenue and not their parents.
 
A sibling is a brother or sister. Did they build a house for their brother or sister or their child? The CAT would be significantly higher for a sibling than a child.
 
Hi and thanks for the replies.
Sorry I thought sibling meant the son\daughter of the parent.
There was no prior arrangement for the son\daughter to repay the cost.
Parents payed for the build and didn't gift the house. No gifting of land either.
The application for planning was put in the childs name as the parent had no grounds for a new build and would have been refused planning. So the deeds were in the childs name from that.
 
Yes, siblings are your brothers and sisters from the same parents. They will probably run into trouble when your parents die, and the estate goes to Probate. Revenue will want their share of Capital Acquisitions Tax and/or Capital Gains tax and/or gift tax if they take the view that your parents just gave your sibling a house, which they probably will as that is what has happened.
 
It is not at all clear that the parents transferred the site/land to a child of theirs. Just because the planning was applied for in the child's name does not mean the child is on the deeds.

What is causing the problem now. Is the child trying to claim ownership? What was the arrangment between parents and child.
 
The deeds are in the childs (now an adult) name.
My main question is:
Can the child claim ownership simply by having their name on the deeds, without being gifted or having contributed to the cost of the house?
The child was allowed by the parent to move into the house for a short period and now refuses to leave.
 
The person who "simply has their names on the deeds" of the land is "the owner" of the land.To have become the owner, someone must have transferred ownership to them, and from what I can gather, the parents have actually done that.So be clear, the son owns the land eventhough he probably doesnt own the house. The parents own the house but they have no planning permission for it (the son does) and the son may claim that he never gave them permission to build on his land or he may claim that the parents built the house as a gift to him on his land. The planning permission will bear testament to this.

The parents therefore built a house on their sons land (withouth planning permission) The son had planning permission, the parents did not have planning permission. The parents have created a huge mess for themselves. Sounds to me like they were attempting to manipulate the planning process and it has backfired royally

I guess the parents could take eviction action against the son but that will be very complicated given that the house is built on the sons land
and they will also have to admit that they had no planning permission to build it in the first place.. If they claim the house is theirs, they will have to admit that they have no planning permission and may be required to knock it down.The only option would be to admit that the house is their sons.
 
Thanks for that Importer. That sounds spot on. It is a messy and complicated situation.
 
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