j26 - thanks for taking the time to share your knowledge.
Most of the houses in the estate are leasehold, so I would assume this part of the garden is leasehold too.
How would I go about getting a transfer of the property? I guess I need to find either the leaseholder or the ground landlord (or descendents) and ask them to sell it?
I did want to get freehold one day, but I have not started that. I wondered when getting freehold if there was any chance, I would get freehold of the extra bit of land too.
I imagined when seeking to get freehold, I might discover the ground landlord of my house, and that they are ikely the person with an interest in the other piece of land within my walls.
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. It's impossible to tell without a full investigation - Irish land law is a product of a complicated history, and we have some unusual titles.j26 - thanks for taking the time to share your knowledge.
Most of the houses in the estate are leasehold, so I would assume this part of the garden is leasehold too.
Pretty much - the Vesting Certificate route would likely be easier.How would I go about getting a transfer of the property? I guess I need to find either the leaseholder or the ground landlord (or descendents) and ask them to sell it?
No, the vesting certificate will only give what was given in the original lease. It won't solve the extra bit. That would have to be sorted later.I did want to get freehold one day, but I have not started that. I wondered when getting freehold if there was any chance, I would get freehold of the extra bit of land too.
In all likelihood, but as I said earlier, it's impossible to tell for certain without a full investigation.I imagined when seeking to get freehold, I might discover the ground landlord of my house, and that they are ikely the person with an interest in the other piece of land within my walls.
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 find a fragmented estate with 50-60 relatives all entitled to a share, and you go down a neverending rabbit hole of negotiations. With 50-60 people there will be a couple lunatics that believe that your scrap of garden is worth tens of thousands to them personally.Thanks so much J26, I really appreciate you taking the time.
I understand it all depends on the specifics, and individuals involved, but in your experience, is there a much chance of an outcome where I would could come out worse off?
The main two negative outcomes I can see, would be
a) I find the owner, and communicate with them, and then they take a hardball approach and turn up and start fencing off part of my garden (that they previously were unaware/uninterested in) and start expensive legal process? (i.e. I lose the use of space)
b) I have to pay a noteable sum to buy the space that I am already using (i.e. I lose money!)
The benefits I see are
a) simpler/faster/potentially more money from a future sale
b) design possbility to put some of an extension on that land
Although it seems that the process may take years, so extension part is not much benefit to me.
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