# Buying a property that was sectioned off from a relations land.



## coolhandluke (4 May 2011)

What should you be looking out for in this senario ? Where can you see the site plans etc ? Any advice appreciated....


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## ajapale (4 May 2011)

Engage a solicitor who is well versed in such matters.


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## onq (5 May 2011)

coolhandluke,

+1 what ajapale has already advised.

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http://www.landregistry.ie/eng/

The above is a link to the Property Registration Authority website.
This organization supersedes both Land Registry and the Registry of Deeds.
It also manages and controls the Ground Rents Purchase Scheme under the Landlord and Tenant Acts.

You can call into their offices at the back of the Four Courts see maps of your relatives site and get copies of folios.
My experience with them is that they are courteous and helpful, but that  the charges for services are significant - €50 a folio if memory  serves.
You would be most unwise to proceed with a purchase of property from a  relative without getting the full range of professional advices in  relation to its status.

You can also purchse Maps suitable for Registration Purposes from the  offices of the Ordnance Survey or their agents, such as UCD Richview in  Clonskeagh, Dublin 4 and the staff there are also very helpful and  informative - its their business to see Maps after all.

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In brief, you will need advice on the status if the land in relation to its status under several headings.
This below a list of information that you should become familiar with if   you intend to buy the land or your relative intends to gift it to you.

This below advice is by no means exhaustive.
The particular piece of land may have a   history of difficulties particular to it.
For example, there may be a   disputed succession if the subject transfer is not reflected in any current  Will  already made or about to be made by the owner.

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LEGAL - typically answered by a Solicitor

Land Law [relating to the land itself and any burdens on the lease, if applicable]
The Law of Easements and Profits á Prendre [Rights of Way etc]
Provenance of Title [history of succession and the quality of the documents]
Law of Probate and Sucession - in relation to any current or previous Wills.

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PLANNING - typically answered by a local architect or planning consultant

[see the self-Build FAQ at the start of this Forum - prolly needs and updated now]

Development Plan Status [is it subject to an Order of Priority - e.g. much of Dunshaughlin in Meath]
Development Plan Zoning [What is permitted in terms of use]
Development Plan Restrictions [requirements for one-off housing etc.
Area of Conservation
Special Area of Conservation
Strategic Development Zoning etc 

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ENVIRONMENTAL - typically answered by a Chartered Surveyor or Engineer

Site Assessment - waste water disposal, watercourses generally
Condition of the Land - bearing strength of soil, foundations
Local Road Development proposals - access to site
Waste Management Act - notices re dumping, etc.
Site Survey - noting filled land, hazards, etc.

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PROPERTY VALUATION - typically answered by a local Estate Agent and Valuer [MIAVI].

Fair Valuation of Price for the subject Transaction and Capital Gains Purposes.

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PERSONAL TAX - typically answered by an Accountant or Tax Consultant.

Implications for personal taxation for the owner and future owner.

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In summary:

Look long and hard before you leap - this is not Self-Build territory!
You need and should avail of the best professional advice.
Make sure they all have Professional Idemnity Insurance.
Make sure they are all experienced and competent.

AAM don't charge for advice offered, but you might consider letting us know how you get on.
That way we can grow the knowledge base and halp benefit the wider community.

And anyone who has direct experience of this please contribute to this thread.
Practical experience is always welcome to balance advice like the above. 


 ONQ.

   [broken link removed]

   All advice on AAM is remote from the situation and cannot be relied            upon                                                                                          as  a          defence    or          support   -         in          and     of               itself   -                     should                      legal                  action              be                       taken.
   Competent legal and building professionals should be asked to advise       in                                                                                                Real      Life      with        rights     to                inspect         and             issue                   reports           on            the                             matters         at                      hand.


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## coolhandluke (5 May 2011)

Sorry ONQ for any confusion, but it is not a relation of mine. There is  an existing property which will quite satisfy my needs(i don't wish to  add to it or renovate), which was build on land previously owned by a  relative of the seller. There may possibly be some boundry issues and i  just want to make myself aware of what i should be looking for, in terms  of where do i find legal maps of the actual site, checking the legal  status of the land, covenants, development plans etc. who are the  correct professionals to engage etc ?

Many thanks for your previous post.


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## onq (5 May 2011)

No prob coolhandluke,

Many thanks for cllarifying that.

I seldom post solely for the benefit of the OP.

It made for some light typing exercise this morning... 

ONQ.

   [broken link removed]

   All advice on AAM is remote from the situation and cannot be relied             upon                                                                                           as  a          defence    or           support   -         in          and     of               itself   -                      should                      legal                   action              be                       taken.
   Competent legal and building professionals should be asked to advise        in                                                                                                 Real      Life      with        rights      to                inspect         and             issue                    reports           on            the                              matters         at                      hand.


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