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Hello. A deceased intestate relative is still the registered

 
Buachaill's Avatar
  • Answered by:Buachaill
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Hello.
A deceased intestate relative is still the registered owner of lands in Ireland. the solicitor I went to says I will have to buy the land so that any descendants can make a claim against it. Other descendants won't action their own claim because of the cost and because I have the green card from the government. I have claied the land as mine for over 20 years. Buying the land would be in addition to paying any inheretance taxes.
I have also been advised to place a static caravan on the property and claim squatters rights but I don't want to encourage others to do the same while the property is vacant.
I hope to someday put a house on the premises.
Your advice would be miost welcome

 



Already Tried:
visited a solicitor for advice but his advice would render any progress prohibitibly expensive.

Submitted: 294 days and 19 hours ago.
Category: Republic of Ireland Law
Value: 49 €
Status: CLOSED

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Expert:  Buachaill replied 294 days and 18 hours ago.

1. I am sure the solicitor has explained to you the advantages of buying the property. It would be neater cleaner and there would be no comebacks. But it would be expensive. However, the advantages of claiming squatter's rights against the deceased relative is that no one else has any claim and you can register it immediately. It is also much more expense free, as you do not have to pay anyone. As a result, I would advise you to speak to a new solicitor who will register your title as a squatter and thereby get you ownership immediately and without payment of a purchase price. AS you have had exclusive possession of the property for 20 years, you can now register yourself as a squatter. Anyone challenging your claim as a squatter would have to be able to evict you. However, as you have had 20 years possession, no one will be able to do that. Further, no one will want to do that as it will involve paying expensive legal fees for a fight they will loose.
2. Be aware that you do not have to have a residence on the land in order to be able to claim squatter's rights. YOu simply have to show exclusive possession for 12 years.

Expert TypeLawyer
Category: Republic of Ireland Law
Pos. Feedback: 97.6 %
Accepts: 2779
Answered: 6/26/2012

Experience: Barrister 17 years experience

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