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My family owned land in Cork Ireland. I have records from 1800s…

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My family owned land in...
My family owned land in Cork Ireland. I have records from 1800s to 1906. The family appears to have 6 estates. My aunt died and the land appears vacant as it is just an old family farm.I contacted the tax office and I am willing to pay arrears for the land but they state that their is no tax on land. I have paid for the original land map and deed. Could Cork have sold the land after someones death and is there recourse for me to obtain the land and pay the tax arrears if any? What are the building laws in Cork?
Submitted: 5 years ago.Category: Republic of Ireland Law
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Answered in 1 hour by:
10/6/2012
Solicitor: Buachaill, Lawyer replied 5 years ago
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 11,225
Experience: Barrister 17 years experience
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Buachaill :

1. It is difficult to make a claim to land which was previously owned by your family. firstly, there may have been a sale. Secondly, under the law of adverse possession, a person can obtain good title to land if the have exclusive possession of it for 12 years against the title of the true owner. Accordingly, any land owned in 1906, would now be owned by someone else under the adverse possession doctrine. Accordingly, they would have good title and you would be unable to now seek to eject them from the land. Additionally, if it was an estate, very many of these landed estates were broken up by the Land Commission and sold to other farmers. Accordingly, you would no longer be able to claim title to the land, I regret to say. However, you should check in the Irish Land Registry www.landdirect.ie to see who is the owner of these lands today and see how they acquired title, as there may be some land still registered in your forebearers names.

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Customer :

Buachaill ,

Customer :

How do I find the exact address.

Customer :

the land registry wants an exact address

Customer :

is there not a law concerning immediate family verses distant family taking over this land?

Customer :

How can I proceed with this claim

Buachaill :

2. The land Registry allows you to search against a name, as well as against an address or location. Simply give the Land Registry the name of the person who would own the land, such as your own name. Secondly, there is no law concerning immediate family versus distant family taking over the land. Finally, go and instruct a solicitor to take the claim. Unless you are going to do it yourself, you will need a solicitor to help you with matters.

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Customer :

Buachaill

Customer :

I have left the name of the individual as well as the entire familys names who owned this from 1840-1920.

Customer :

Is a solicitor a lawyer (American terminology) and who is the best?

Customer :

How much would this cost?

Customer :

What would be the step by step process?

Buachaill :

3. This should be sufficient to conduct a search. However, I would advise you to get a solicitor to help you as the experience in dealing with these matters would be invaluable. Secondly yes, a solicitor is a lawyer. there are many able solicitors in Ireland. Thirdly, the costs will depend on the amount of work involved. Fourthly, you would start from the original lands and then seek to follow what happened down the years until the current day. There would be quite some work involved.

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Customer :

Can you send me the names of excellent recommended solicitors (lawyers) that would be extremely successful. How has a track record of success?

Buachaill :

4. In Cork, you should try either Kieran Riordan of 14, Princes Street, Cork, or else PJ Feeney of Tom O'Sullivan solicitors of Kanturk, County Cork. Each has a track record of success.

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