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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2255
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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I am about to purchase a house and 10 acres of land at back

Customer Question

I am about to purchase a house and 10 acres of land at back of house. At the back of the house where the garden is there was an old drain which was covered and piped. My problem is, where the drain was running and the road leading up to the land by the side of the house, is showing on the maps as being owned by the congested districts board Ireland.It seems to be a right of way that they had to maintain the drain, but has been closed over for a number of years and no longer needs to be maintained. What is the process of getting the piece of ground transferred over to me from the congested districts board. Connacht.
Submitted: 4 years ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 4 years ago.
You can contact the Department of Fisheries and Rural Industries who took over from the congested district board to seek to have the piece of ground transferred to you.

However I Imagine that given the length of time since the CDB has been defunct, that the vendor selling to you is most likely in adverse possession of this piece of ground. In such a scenario, he should be able to furnish you with a statutory declaration in relation to his period of possession. If it s exceeds 30 years (in the case of a state authority.) then you have obtained squatters rights and you can make what is referred to as a Section 49 application to the Property Registration Authority to have the piece of ground transferred to you.

In relation to the 30 year requirement, this is a cumulative total of both the vendor and his predecessors