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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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We have an "amenity green" in front of our house as do the

Customer Question

We have an "amenity green" in front of our house as do the other 20 houses surrounding the green. It appears according to our enquiries that the land may be "crown land" as the developer liquidated before the council took over the land & nobody as far as we have been able to establish owns the land i.e. all 3 local authorities, church commissioners etc. How can we register an interest to ensure we are made aware if someone attempts buying the land from the crown?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Phil, you can register what is known as a "Caution Title" in the Land Registry whereby you register an interest against an unregistered piece of land, if this is unregistered land. However, if it is registered land, then you must register a caution against dealings or an inhibition. Both methods are available to you under the Land Registration Act, 2002. However, the impact of both of these manoeuveres is that you will merely be told if someone is registering a new title or ownership. You won't be able to prevent the new ownership being registered. So be aware of the limitations which this type of approach brings.
Expert:  Buachaill replied 1 year ago.
2. Instead, I would suggest that you seek to buy out the rights to this piece of land so that you come to own it. This involves looking at the liquidation documents of the building company to see if the land was dealt with and if not, as you suggest, then you approach the Treasury solicitor to seek to purchase the piece of land. It will be of no use to anyone else, so you will have a willing seller. You will only need to offer a fair market value - which will be low - in order to come to own this strip. I would suggest this is a much better and more practical method of dealing with the issue as registering cautions can come back to bite you, if you meet someone who realises this strip is of value to you and the other residents.
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
Quick supplementary - should we band together or allow one household to attempt to buy with caveats about use?
Expert:  Buachaill replied 1 year ago.
4. I would advise you to band together. I regret to say that if you allow one to buy the caveats, this suddenly creates an imbalance in the relationship between all the households and muddys the waters. This household then holds the legal rights and the whip hand!
Customer: replied 1 year ago.
Many thanks
Expert:  Buachaill replied 1 year ago.
5. You are welcome. Best wishes.