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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10593
Experience:  Barrister 17 years experience
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my father and his father before him has had the use of some

Resolved Question:

my father and his father before him has had the use of some land in Ireland for in total approx. 80 years, now my father who is in his 70's wants to get the land in his name so he can sell it, does he do this through adverse possession? it originally belonged to his mothers parents who had 3 daughters, one went abroad and no one heard from her since in those 80-90 years, another daughter was in a mental hospital for many years until her death in 1970's and the 3rd daughter was my fathers mother who farmed the land after the other 2 left, then my fathers father farmed it and my father is farming it since his father died, my father had one sister who died 7 years ago but she does have surviving sons and daughters and her husband is alive, how do we go about getting the deeds into my fathers name, there was never any wills made by my fathers grandparents and this land was never mentioned in any will made y my fathers parents, any idea where we could start
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. At the outset, you should get your father to put this land into his name by adverse possession. Doing the job by administering the wills of his grandparents and parents will mean that many other people have a share in the land. So as your father has worked this land for over 80 years, adverse possession is the best route to go. Here your father should go to a solicitor and get him to make the application to the Land Registry or Registry of Deeds. This will involve making an application to the Land Registry and a publication of notices on the lands stating that he is making an application for adverse possession. The process can take six to nine months as the Land Registry will seek to inform anyone else who might have a claim. But given the time that has passed here, no one is alive who had a claim. However, if your father is elderly, you should get cracking on it immediately. Additionally, your father should now make a will which deals with this land and includes it in his estate when he dies.

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