How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 11752
Experience:  Barrister 17 years experience
53108719
Type Your Republic of Ireland Law Question Here...
Buachaill is online now

I have inherited a garage that my father built on council

This answer was rated:

Hi i have inherited a garage that my father built on council land over 50 years ago,how do i know if this property now belongs to me and my siblings?
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: No nothing done yet as we are still clearing out the house,we have not come across any deeds,we have found papers of consent from council for my father to build the garage
JA: Where is the land located?
Customer: Bray Co Wicklow
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you
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!

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. Because the land on which the garage built is owned by the Council, you need to do an application for first registration of the land on which the garage sits so you may come to own the property in its entirety, because, at the moment, your family essentially own a garage built on someone else's land. So, you should take the case to a solicitor and get the solicitor to make an application for first registration in the Property Registration Authority (formerly Land Registry). Firstly, your solicitor should seek to negotiate with the Council to see if they would sell you this land, as you have squatter's rights to it, at a low value so you might be able to regularise the situation with their assistance. However, if the Council is not amenable to assisting you in this regard, you essentially have to make a first registration application, based on long user and squatter's rights to the land on which the garage sits, for over 50 years, in order to get ownership of the land on which the garage sits.

2. These applications for first registration normally take time - over a year - so you need to be patient. If there is a particularly serious dispute with the Council, in which they threaten litigation, you might have to engage in court proceedings to establish your title. However, the more likely course is that you will gain a possessory title which will give you the right to use the land. But there is nothing certain about this happening. That is why an agreement with the Council would be the best outcome.

3. If you require any further clarification, I will be happy to help. Thank you for using the website. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website despite answering your question.

Buachaill, Barrister
Satisfied Customers: 11752
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you