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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 11262
Experience:  Barrister 17 years experience
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I own some land jointly with my sister and brother... The

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Hi,
I own some land jointly with my sister and brother... The land surrounds my house. They want to get it re-zoned and sold as development land..
I do not as it will devalue my own property...
Can they get it (1) re-zoned without my concent and (2) sell it without my permission?
What are my rights?
I wish to leave the land to my children, and plan to gift it to them during my lifetime... If it is re-zoned, the tax exposure is huge!!
Appreciate any advice..
I'm very worried about this situation..
Customer: replied 1 year ago.
Related Question....
I jointly owned a property up to 31/12/15.
At that date my share was bought out.
It has now come to my attention that significant development work was carried out on the property. I was not made aware of this work. I would not have agree to it if I had known... It is now approaching the end of 2016... Do I have any rights of recourse regarding this issue?Up to the buyout date(31/12/15) the other joint owner was living in the property rent free for a period of 5 years... Does this make any difference?
Let me know..
Thanks.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
I'll let it with you Nicola..
Let me know.
Joe d
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola

1. Dear *****, the first thing you should be aware of, is that the issue of planning and rezoning is carried out by the local authority or County Council in your area. So, you consent is not needed to get the land rezoned. It can occur whether you like it or not and you can only lobby or make submission on the development plan as would any other citizen. However, you consent is not needed to get the land rezoned. Secondly, your sister and brother cannot sell the land without your consent. You can prevent a transfer as you are part owner. However, be aware that your brother and sister can make an application to court for partition and sale of the land. This process would involve the court dividing up the land between the parties and making an order for sale of any part where the owner wants to sell it. However, be aware that normally parties negotiate in the face of the court, so it is rare the court actually gets as far as dividing up the land.

2. As regards ***** ***** query, you should file it as a separate question and let all Experts examine it and see if they have an answer.

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Buachaill, Barrister
Satisfied Customers: 11262
Experience: Barrister 17 years experience
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