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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10354
Experience:  Barrister 17 years experience
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I live in a small estate and we are trying to get the

Customer Question

Hi,I live in a small estate and we are trying to get the council to take ownership so that the lighting and entrance way can be maintained by them. Houses were build in 2004. The council say they cannot take ownership because a strip of the entrance way has 'no owner'! How can this be and how can I confirm who owns a very specific section of 'road way' which forms part of the entrance into the estate. Any help would be much appreciated
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. In point of principle, there is no piece of land which has "no owner". Here, the first thing you need to do is to conduct a search in the Registry of Deeds to see who is the owner, if the land does not appear in the Land Registry. Ultimately, if necessary, you should be prepared to fence off this piece of land and lay claim to it by way of adverse possession. In this way you can gain title to this piece of land and it can then be "taken in charge" by the Council.

Expert:  Buachaill replied 1 year ago.

2. The Registry of deeds will contain entries relating to almost all land. So you need to get a solicitor or town agent who will conduct a search there. However, ultimately, the way a land gets an owner is if someone lays claim to it. So you must be prepared to fence the land off and lay claim to it.