County Council Clawback

Everest

New Member
Messages
5
Hello
I have to sell my dad's house which was originally built on a piece of land owned by my grandparents in 1961 (aprox). He inherited it from his parents. It was built by the Council (I think), is there a Clawback if the property is sold.
Kind regards,
Everest
 
Unlikely. When was it first acquired by a family member (your grandparents presumably?) and what council area? Who has the deeds and related documents? Check those for any mention of a clawback or ongoing council interest maybe?
 
Thank you, it was passed onto my dad when my granddad died in the late 90's. I am the executor of my late dads will which hasn't gone through probate yet. I do not have the deeds. Basic question but where do I find the deeds?
 
If there's any loan/mortgage secured on the property then the deeds should be with the lender. If the property is owned outright with no loan(s) secured on it then the owner would have the deeds. If they're not among your late father's effects then maybe check with the solicitor who did the conveyancing when the property passed from your grandparents to your father in case they have them or might know what happened to them?
 
If the property was built in 1961 then (depending on the Local Authority) there's probably no planning documentation for it- planning permission was introduced in 1963 and Building Regulations came into being in 1989 IIRC. Some Local Authorities had by-laws requiring approval before construction but these were the minority I believe.
  • Any extensions post-1963 would require permission if not exempt.
I'm making an educated guess that the land was obtained (by your grandparents or whoever they bought/inherited it from) through a Land Commission purchase. (If it wasn't that'd suggest a direct purchase from whatever aristocrat had it as part of their estate which in most parts of the country was rare, and even rarer outside of the towns). In that case there's a folio in the Land Registry.

So basically go onto the Land Direct website, do a map search to identify the folio, get a copy of the folio (costs €5 and will arrive in your email as a PDF in about 5 seconds).
  • Part 2 will show the ownership
  • Part 3 will show any burdens, including mortgages
I'd be very surprised if there was any clawback from a house built in 1961. There may be a clause saying that any transfer/mortgage is subject to the consent of whatever local authority but I'm pretty sure this would be null at this stage (I think the law changed since the last time I did conveyancing of an ex-council property) and even if it's not the consent will be given automatically in the circumstances.

If there are extensions you may need to get an opinion on compliance/exemption with planning permission/building regulations depending on when it was built. In the worst case scenario where you have to apply for retention before the sale that'll still be faster and easier than the actual probate process itself.

If there's no mortgage and no extensions then it's entirely possible that there are no title deeds other than the land registry folio.
 
Back
Top