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I have sent paperwork to determine name on deeds with the Registry

 
Buachaill's Avatar
  • Answered by:Buachaill
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Customer Question

I have sent paperwork to determine name on deeds with the Registry of Deeds as I had no success with the Property Registration Authority. A will left by the last owner, an elderly spinster left the whole of her estate to her nieces and nephews. I have been told by a surviving brother (my father in law) that the home is probably still in his father's name and was never given to his daughter. So we are trying to determine if it is actually the property of my father and law and his brother, the two surviving siblings. Isn't that how Irish law works, i.e. the property if still in the grandfather's name then goes to the two surviving children? If I cannot find out the name via the Registry of Deeds is there a next step or is that a dead end and the beneficiaries are waiting for 12 years to elapse until they are the rightful owners (it has already been six)? We know the grandfather bought the home, we just don't know if he registered it as this occurred around 1939. We are interested in buying the other brother out of his portion if still in the grandfather's name and are told we have to pay the beneficiaries the money they have invested into improving the home as well. The home sits vacant but we would like to purchase it back.

Submitted: 329 days and 4 hours ago.
Category: Republic of Ireland Law
Value: 25 €
Status: CLOSED
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Expert:  Buachaill replied 329 days and 3 hours ago.


Buachaill :

1. If it the surviving children of your grandfather, at the date when he died, who will share equally in his estate. Accordingly, it is these people who will inherit your grandfather's assets, provided his wife/grandmother died before him. Secondly, you should get a solicitor/law agent to carry out the search for you in the Registry of Deeds. You will not get a search carried out for you. You need to do this yourself or have someone do it for you. Be aware that each of these estate of the deceased grandfather and so forth will have to be lawfully administered to give good title. Title obtained by adverse possession is only a possessory title and is less saleable than if the thing is done properly and the estates of the deceased persons administered.

Customer replied 329 days ago.

Thank you. I paid the 20 euro to have them do the 10 year window search as we are too far from Dublin to pop and do it ourselves for 2 euro each. After this I will get a solicitor as you suggest. May I ask is there a reputable search site for solicitors with probate experience in Ireland? We want a solid one and not one who might be less than respectable.

Accepted Answer

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Expert:  Buachaill replied 328 days and 23 hours ago.

2. If you want a solicitor with Probate experience, or a speciality in it, send an email to the relevant person at the Law society and they will provide you with a list of solicitors who specialise in probate law. The Law Society (www.lawsociety.ie) maintain a list of solicitors who specialise in particular matters. Go to their website and get a list of relevant solicitors from them.

Expert TypeLawyer
Category: Republic of Ireland Law
Pos. Feedback: 97.6 %
Accepts: 2779
Answered: 5/19/2012

Experience: Barrister 17 years experience

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