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cmcsolicitor
cmcsolicitor, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 156
Experience:  and Mediator practicing in Cork, Ireland.
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My grandfather gave my father a plot of land, it was transferred

Customer Question

My grandfather gave my father a plot of land, it was transferred into my fathers name in 1984. My father has since died. I've recently found out that my fathers brother un-beknown to us filed a section 49 for adverse possession. This came to light as we became aware that he was looking for a copy of my fathers death certificate and we then realised he had filed a section 49. My uncle does not farm and this application is currently "queried". We need to get this land registered into mine and my siblings name -what is the quickest way of doing this.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  cmcsolicitor replied 1 year ago.

cmcsolicitor :

If your father made a Will, the executor should take out a Grant of Probate, so that an application can be made to the Land Registry to transfer the land to the beneficiarie

cmcsolicitor :

...to the beneficiaries.

cmcsolicitor :

If your father did not make a Will, then his next of kin (that's you, or your mother if she is still alive) should take out a Grant of Administration Intestate. Then, the property can be transferred to the beneficiaries of your father's estate on foot of an application by the person who took out the Grant (called the Personal Representative).

cmcsolicitor :

You can make these applications yourself with the assistance of the Probate Office, or you can have a Solicitor do the work for you.

cmcsolicitor :

The application to the Land Registry is a second, separate application, but you won't be able to do that until you have a Grant from the Probate Office. They are in Phoenix House, Smithfield, Dublin 7 - of you have the time, energy and patience with burocratic form-filling you will be able to do this yourself. It is a pernickity process though and does involve making personal appearances in Dublin, so if you are not up for it then you should instruct a Solicitor.

cmcsolicitor :

Good luck.

cmcsolicitor, Solicitor
Satisfied Customers: 156
Experience: and Mediator practicing in Cork, Ireland.
cmcsolicitor and other Republic of Ireland Law Specialists are ready to help you
Expert:  cmcsolicitor replied 1 year ago.
Thanks for your positive rating. I hope this all works out well for you.

best regards,

Claire McCarthy (Solicitor)

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cmcsolicitor
cmcsolicitor
Solicitor & Mediator, Cork city
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and Mediator practicing in Cork, Ireland.