Republic of Ireland Law

Republic of Ireland Law Questions Answered by Experts

Ask an Expert,
Get an Answer ASAP!

Republic of Ireland Law

Can Turbary Rights be registered with the freehold folio? In

Customer Question
a CPO process, the NRA...
Can Turbary Rights be registered with the freehold folio? In a CPO process, the NRA are ignoring Turbary Rights purchased through solicitors with appropriate paperwork to validate the authenticity of the Turbary Title. However, it appears that the same Turbary title was never registered with the freehold beneath the Turbary Title. The same Turbary Rights were purchased from the previous Turbary Right owners, who were not the freehold owners, and our concern is that the money paid to the original Turbary Right owners, will not now be compensated by the NRA through their CPO, as there was NEVER a registration of the same Turbary Rights on the Freehold. Our further concern and question is, is it fair to conclude that the solicitors representing the purchaser of the Turbary Rights from the initial Turbary Right owners, was negligent in their search on the folios to ensure REGISTRATION on the freehold beneath same Turbary.
Submitted: 1 year ago.Category: Republic of Ireland Law
Show More
Show Less
Ask Your Own Republic of Ireland Law Question
Customer reply replied 1 year ago
The Turbary Rights purchased between 1999 and 2005 from the original Turbary Right owners, through our solicitors. The NRA are currently building a roadway through the Turbary Right lands and have CPO'd 4 acres. The Freehold owners have been compensated by the NRA. We, as the Turbary Right owners were given no compensation, as it appears there was never any REGISTRATION of the Turbary Title on the freehold title. As we had good faith in our solicitors in their capacity to purchase the Turbary Rights between 1999 and 2005, are they responsible as practicioners of law and before handing over money to the initial Turbary Right owners, to ensure the Turbary Title is in fact registered on the freehold beneath it. Is it the case that our solicitors have been negligent in their remit to ensure REGISTRATION of Turbary Title rests on the Freehold beneath it. Is it the case that our solicitors are liable to compensate us for the moneys paid through them between 1999 and 2005, as the Turbary Title has now been valued as effectively useless without registration on the freehold beneath it. It is the case that this is gross negligence on behalf of our solicitors for not ensuring that the Turbary Title was registered on the freehold. Is it necessary for us to now pursue our solicitors through indemnity insurance to get back money given to them to purchase the Turbary Rights between 1999 and 2005. It so happens that this same land that was CPO'd by the NRA was zoned development land where the freehold owners were compensated a sizeable sum per acre. Is there a precendent whereby the Turbary Rights purchased by a second party from the original owners, who had not registered the same Turbary Rights either, can be registered at a later date to validate the Turbary Right and seek appropriate compensation from the NRA.
Answered in 24 minutes by:
4/2/2016
Solicitor: Buachaill, Lawyer replied 1 year ago
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10,722
Experience: Barrister 17 years experience
Verified
1. At the outset, it is still possible to register the turbary rights on the registered land,e ven at this stage. The turbary rights don't disappear just because they were not registered between 1999 and 2005. They can be registered now. However, this registration can potentially be opposed by the freehold owner on the grounds of lapse of time. However, here, where the land is being CPO'd anyway, there is no reason why the freehold owner would do this. So, I would suggest you give your solicitors 21 days within which to register the turbary rights or at least put in an application. Failing this being successfully done, you should sue your solicitors for professional negligence. It is professional negligence on their part to fail to register the transfer of the turbary rights to you. So, you can seek indemnity from their professional indemnity insurance. At this stage, you should issue the proceedings through another solicitor as once again there are potential Statue of Limitations issues that you may be out of time, if you don't do this immediately. So get another firm of solicitors to act on your behalf and get a protective writ issued against your original solicitors.
Ask Your Own Republic of Ireland Law Question
Solicitor: Buachaill, Lawyer replied 1 year ago
2. Please Rate the answer as unless you Rate the answer your Expert does not get paid for answering your Question.
Ask Your Own Republic of Ireland Law Question
Customer reply replied 1 year ago
Hi,
I am unclear with reference to the following sentence;
"However, this registration can potentially be opposed by the freehold owner on the grounds of lapse of time. However, here, where the land is being CPO'd anyway, there is no reason why the freehold owner would do this."
Is this inferring that the NRA would not oppose the registration of the Turbary on the freehold, or that the NRA would oppose the registration of the Turbary on the freehold? Sorry for my lack of comprehension.If it transpires that our solicitors can register the Turbary title on the freehold folios within the 21 days, will this grant us the proof that negligence was in fact perpetrated by our solicitors, who will then have proven to have been negligent by not affording us the opportunity to have had a Turbary BURDEN on the freehold owners, thus obliging the freehold owners to engage with us to get paid the compensation due. Is it possible that our solicitors are aware of this, and could frustrate and delay until after Abritration, which is now set to proceed. In your opinion, is it a futile exercise in pursuing the registration of the Turbary Title, as the freehold owners have already been compensated, and it is as you wrote earlier, that it would be the indemnity insurance that would need to be pursued.
Solicitor: Buachaill, Lawyer replied 1 year ago
3. Yes, whoever is now the freehold owner, such as the NRA could oppose the registration of the turbary rights, if they wished on the Folio. Then it will be a question of lapse of time. Secondly, your second question foresees disaster before it happens. Solicitor's don't engage in behaviour to frustrate a claim for compensation when there is a potential claim for negligence against them. That would only be imposing a liability on the solicitors. So, they aren't going to do that!!
Ask Your Own Republic of Ireland Law Question
Ask Buachaill Your Own Question
Buachaill
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10,722
10,722 Satisfied Customers
Experience: Barrister 17 years experience

Buachaill is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around.

EstherWoodstock, NY

Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know.

RobinElkton, Maryland

He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here.

DianeDallas, TX

< Previous | Next >

Meet the Experts:

Buachaill

Buachaill

Lawyer

10,722 satisfied customers

Barrister 17 years experience

Dublin Barrister

Dublin Barrister

Barrister

158 satisfied customers

BCL (UCD), LL.M (UCD), Barrister-at-Law (Kings Inns)

cmcsolicitor

cmcsolicitor

Solicitor

157 satisfied customers

and Mediator practicing in Cork, Ireland.

INC

INC

Solicitor-Advocate

96 satisfied customers

LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

José M.

José M.

Attorney

646 satisfied customers

Spanish Attorney

A.Valcke

A.Valcke

Solicitor

140 satisfied customers

14+ years experience // Masters in EU Law

Thomas

Thomas

Solicitor

45 satisfied customers

UK based Immigration Solicitor

< Previous | Next >

Related Republic of Ireland Law Questions
My living mother of 85 was raised on a farm owned by her
My living mother of 85 was raised on a farm owned by her parents. Most of her family are now dead except her brother. She wants to know what her rights are. She has always been left out by her sibling… read more
Buachaill
Buachaill
Lawyer
10,722 satisfied customers
What medical care can an 83 year old lady who plans to
What medical care can an 83 year old lady who plans to become a resident in the Republic of Ireland with her son, who just purchased a property there? She has a British passport and the usual visitors… read more
Ronan
Ronan
Managing Solicitor
Bachelor\u0027s Degree
2,255 satisfied customers
How much is the consultation? I am in. I have stam 2 but my
Yes, I have stam 2 but my boyfriend has an italian passport and we have been living together in Ireland for more than 2 years is it possible to get the stamp 4 without being married?… read more
Buachaill
Buachaill
Lawyer
10,722 satisfied customers
I was convicted in the circuit court of a criminal offence
I was convicted in the circuit court of a criminal offence in 2015 and sentenced in December 2015. I was given a suspended sentence and ordered to pay compensation. I was given two years to pay compen… read more
Jamie-Law
Jamie-Law
4,951 satisfied customers
My ex girlfriend is being awkward when it comes to seeing my
my ex girlfriend is being awkward when it comes to seeing my daughter,my name is ***** ***** the birth cert and i do not give her any money to help with the up bringing of my daughter do i have any ri… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,470 satisfied customers
Unlicensed shotgun arising due to death of owner. Was held
Hi.Unlicensed shotgun arising due to death of owner. Was held by son (Executor). Would this be a District Court case if charged. Many thanks. Michael. … read more
Buachaill
Buachaill
Lawyer
10,722 satisfied customers
My employer removed 500 cash out of the safe to see if I
My employer removed 500 cash out of the safe to see if I would spot it. I didn't. I have been away on holiday and also off sick. Where do I stand with this? Also when I joined the company there were N… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
In May 2017 three Gardai called to out home with a warrant
In May 2017 three Gardai called to out home with a warrant to confiscate out 14 year old daughters' mobile phone and iPad. They also took the family laptop.The. Gardai indicated our 14 year old daught… read more
Buachaill
Buachaill
Lawyer
10,722 satisfied customers
Company is liquidated, Asset has not arrived, liquidator
Company is liquidated, Asset has not arrived, liquidator takes ownership when it arrives sells it and keeps proceeds. Bank claim from Director they have a personal guarantee, are they correct in suing… read more
Jamie-Law
Jamie-Law
4,951 satisfied customers
My husband has a large credit union loan but the last
Hi, my husband has a large credit union loan but the last payment made to them on this loan is now 6 years ago. Their has been some correspondence with credit union over the years but we normally resp… read more
Buachaill
Buachaill
Lawyer
10,722 satisfied customers
I have a question about adverse possession on land attached
I have a question about adverse possession on land attached to a house I'm thinking of buying. About 3/4s of the back garden is currently owned by the County Council and the rest is owned by the owner… read more
Buachaill
Buachaill
Lawyer
10,722 satisfied customers
My x-husband just passed away. He left a will but remarried
My x-husband just passed away. He left a will but remarried after the will was drawn up. (He lived in Ireland and is an Irish citizen) His solicitor is telling us that the will is invalid and that his… read more
Ronan
Ronan
Managing Solicitor
Bachelor\u0027s Degree
2,255 satisfied customers
My deceased husband was born in Ireland and was the third of
My deceased husband was born in Ireland and was the third of five children His two younger sisters have also died. The youngest sister died in May 2017 in Dublin Ireland. She was single and childless.… read more
EULawyer
EULawyer
Titular Attorney
Doctoral Degree
270 satisfied customers
My dad had given me some money before he died now my brother
Hi my dad had given me some money before he died now my brother is looking for half do I have to give it to him as my dad didn't want him to have it… read more
Buachaill
Buachaill
Lawyer
10,722 satisfied customers
My case is: I was born in Brazil and am currently 29 years
My case is: I was born in Brazil and am currently 29 years old. My mother is brazilian. I was not in contact with my father growing up but a few years ago I found out his name and address and got in t… read more
Buachaill
Buachaill
Lawyer
10,722 satisfied customers
My father's sister died (in Dublin) in Feb and has left him
Hello My father's sister died (in Dublin) in Feb and has left him some money. However my father died last year and it looks like she didn't update her will to show this. Can you advise what will happe… read more
Ronan
Ronan
Managing Solicitor
Bachelor\u0027s Degree
2,255 satisfied customers
If a residential home is repossessed and sold for less than
Hi, if a residential home is repossessed and sold for less than the original mortgage amount. Does the debt remaining now become an unsecured debt and therefore the 6 year time frame for unsecured deb… read more
Buachaill
Buachaill
Lawyer
10,722 satisfied customers
Is this confidential? Can you see my details? I am in
hi JA: Hi. How can I help? Customer: Is this confidential? Can you see my details? JA: We keep all your personally identifiable information confidential and even have people that double check to make … read more
Buachaill
Buachaill
Lawyer
10,722 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x