How does my mother get title to property

[muchmore]

Hi

My dad died a few months ago. My mother lives on the family farm (since the 1970s).
Neither had title to the property (it was my grandfather who last had written title, he died intestate). My parents worked on the farm since then.
Apart from squatters rights (including 12 years of exclusive ownership) is there ANOTHER way for my mother to get title to the farm soon. She is now 75 years old. She hasn’t proof she used it exclusively in the last 12 years, as my dad had the receipts etc in his name and he ran the farm.
Is waiting for squatters rights to kick in the ONLY way for her to use?

Thanks!

 

[huskerdu]

I dont know the answer, but there is one piece of vital information missing from your post.

Does or did your father have any siblings, or was he an only child.

 

[Woodie]

I dont know the answer, but there is one piece of vital information missing from your post.

Does or did your father have any siblings, or was he an only child.

Indeed since your grandfather was the last name on the title deeds and died intestate it should be the starting point. However given the lapse of time and the length of time the OP parents livens and worked the property unchallenged ( if other siblings were involved) the adverse possession rule may apply. Certainly you need a solicitor to help with this case I think.

 

[muchmore]

Yeah, all my father's siblings left the property before my parents took up residence on the farm... They're not in a position to hinder my mother in getting title.
But I wonder is adverse possession the only way forward?

 

[itsallwrong]

Make a visit to FLAC first. Free quick visit.

 

[Woodie]

I agree with previous poster FLAC could be a good first step.

Hi

Is waiting for squatters rights to kick in the ONLY way for her to use?

Thanks!

Your mother has been in effective resident ownership for more than the allocated period albeit with your father so there should IMHO no further waiting period for commencing a claim of adverse possession. That is of course if it applies in this case because there were other siblings. Even if the other siblings had effectively had left the homestead many years earlier that may not totally negate their rights. You really need proper legal advice to avoid the potential of future problems.

 

[Vanilla]

Yeah, all my father's siblings left the property before my parents took up residence on the farm... They're not in a position to hinder my mother in getting title.
But I wonder is adverse possession the only way forward?

You don't say, but I assume your father left a will leaving the property to your mother?

If your grandfather is the registered owner there are only three possibilities:

1. Adverse possession application or

2. Take out grant in grandfathers estate- did he leave a will? If not, other siblings of your father will have to sign off or

3. Do nothing, keep farming and leave the problem to the next generation. Only difficulty here may be that the dept of agriculture may refuse to issue single farm payments to your mother unless she starts the process to get title or there is a problem with the quota transfer on similar grounds.

 

[osullivant]

.landregistry.ie/eng/Legal_Professional_Customers/Legal_Practices_Procedures/Adverse_Possession/

Some good info here.

Need to put www in front

http://www.landregistry.ie/eng/Lega...egal_Practices_Procedures/Adverse_Possession/

 

[muchmore]

Thanks osullivant! It's a shame the only way to proceed is the squater's rights way... Seems kinda a durty way. Cheers

 

[mf1]

Thanks osullivant! It's a shame the only way to proceed is the squater's rights way... Seems kinda a durty way. Cheers

But it's not the only way!

See Vanilla's excellent post.



mf

 

[osullivant]

Thanks osullivant! It's a shame the only way to proceed is the squater's rights way... Seems kinda a durty way. Cheers

Nothing "Durty" about it in this situation, the 12 years does not have to be the same person, simply that it is 12 years adverse to the dispossessed owner,

The very idea of adverse possession is to quieten titles and it seems perfectly ok in this situation.

Some more help here. .legalprecedents.ie/index.php?option=com_docman&task=cat_view&gid=31&Itemid=75
Click on adverse possession, it should open a word document with fair detail and sample affidavits etc. ( you will need to put in the www first)

suggest you do your homework to ensure it is not a leasehold , which is about to run out, if so you may have squatted out the lease holder but your possession may not have been adverse as against the freeholder owner.

 

[huskerdu]

Thanks osullivant! It's a shame the only way to proceed is the squater's rights way... Seems kinda a durty way. Cheers

I disagree. The law on adverse possession protects your mothers rights, and if she has to use it, its a good thing.

Your grandfather did not leave the farm to your father. When he died intestate, all your father siblings had a right to their share.

Vanilla has already outlined the options, but if adverse possession is the best way to proceed, then neither you or your mother should feel negatively about this option.