Great Great Grandmother Owns Family Home

J

Jaffa

Guest
Hi everyone, long time reader first time poster! not sure if im postig in right area so please advise.

My query relates to my grandfather's home. He has finally decided to do a will, and has asked me to look into certain aspects of his estate. he told me he wasn't sure who's name was on the deeds to his home, so I went to the land registry to check. The legal owner of his house is his grandmother ie my great great grandmother. The house was never changed over. This is the family home and he grew up here with his grandparents, parents and siblings. i have looked a little further into this and i was wondering can he claim adverse possession? It should be said that his parents and grandparents all died intestate.

Based on the rules of intestancy he would have to get his siblings and his 30 odd cousins to disclaim their parent's share. Not all of them would sign off on that.

Is there anything we can do?
 
He can make an appliaction for adverse possession and it is up to the PRA to decide based on the facts presented

This should be done asap, as if your grandfather dies without doing anything it will probably be a long and complicated probate.
 
It depends on the facts whether adverse possession is the right way to go. Can youprovide more detail on the history of the property (who went into possession when etc)?

Was it freehold or leasehold property? If it's freehold, or leasehold it can make a difference as they devolved differently prior to 1967.


If there's a chain of ownership straight to your grandfather, extracting probate might be cheaper.
Making a claim for adverse possession will involve notifying all the cousins, so it might be easier (and more private) to administer the estate.
There might also be CGT implications in going down the adverse possession route.
 
jhegarty said:
Can you adverse posses if you are partial owner ?
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Adverse possession [as I understand it, and I may stand corrrected on this] involves claiming you had sole rights access to the land.
The claim must extend over an extended period [20 yrs?] within that time the land must have been fenced in by you .
I think you may also have to show you maintained it and/or were the sole occupant/beneficiary of it.

The claim also relies in part on sworn third party affidavits to that effect, IIRC.
I understand it can be a long drawn-out process, and I think it can be challenged.

You need to take immediate legal advice on this from a solicitor experienced in the process who will use a competent barrister who knows the game.
Might I also respectfully suggest you consider using an "outside" solicitor - these things have a way of getting "out" in families or neighbourhoods...

ONQ.
 
onq said:
Adverse possession [as I understand it, and I may stand corrrected on this] involves claiming you had sole rights of access over land for an extended period [12 yrs] and showing that within that time the land was fenced in by you and you maintained it and were the sole occupant/beneficiary of it adverse to the interests of the true owner (lots of solicitors forget that)
Click to expand...
Thats the classical stranger on title squatter version, but this type of situation the OP has, where relatives stay on, is far more common.
 
onq said:
Might I also respectfully suggest you consider using an "outside" solicitor - these things have a way of getting "out" in families or neighbourhoods...ONQ.
Click to expand...

Eh.... This is Ireland and the legal profession are gold medal gossipers.
 
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