We are sometimes consulted where title deeds have been lost or accidentally destroyed resulting in property being unsalable. In such cases, we explore the best legal options available which can include reconstructing the old title, starting a new title, obtaining a Title Indemnity Bond or making an application for First Registration to the Land Registry.

Mapping errors and boundary disputes are an all too common part of Irish property ownership and arise where the physical boundaries of a client’s property do not match their title map. Such inconsistencies can lead to fractious and costly disputes if left unresolved. However, in many cases boundary problems can be promptly resolved without significant cost by way of title affidavits and or deeds of rectification.

It is not uncommon for clients to occupy property for many years but without a documentary title to vouch their ownership. This is known as adverse possession (or more commonly, a ‘squatters title’) and typically arises where land or buildings are exclusively occupied for a long period but there are no title deeds transferring the property to that person. In this situation, the occupier will be unable to mortgage or sell the property.

The law of adverse possession is of assistance in such cases where an application for First Registration can be made to the Land Registry. A successful application will result in the occupier acquiring a registered title and a new Folio. Such applications are complex, time consuming and have a significant rejection rate by the Land Registry. For an application to succeed, the history of a client’s occupation must be thoroughly examined and a comprehensive Affidavit of title outlining the use and enjoyment of the property must be submitted along with vouching documentation.

Our firm has extensive experience in handling applications of this nature and have a high success rate owing to our familiarity with the law and the requirements of the Land Registry.

Rights of way and wayleaves (which relate to pipes, sewers and drains), though central to the fabric of land ownership, are often contentious in Ireland and can lead to disputes with adjoining owners. Our property solicitors have long experience in dealing with such disputes and can advise on various options aimed at resolving such conflicts. Ultimately, this may include seeking an injunction from the courts where established rights of way are either obstructed or denied.

The welcome passing of the Land and Conveyancing Law Reform Act 2021 has repealed many of the problematic measures introduced by the earlier 2009 Act and, has removed much uncertainty for landowners. The legal landscape for rights of way is now clearer, but it may still be prudent to protect rights of way, either by placing an Affidavit of fact with the title, or where appropriate, registering the right of way with the Land Registry. This is particularly relevant in the context of unwritten rights which can lapse if not asserted or documented by their owners.

In terms of granting new rights of way and wayleaves, these should be individually crafted to meet the given circumstances and standard documents should be avoided. Anthony Carroll have developed an extensive range of legal documents that can be tailored to address most urban and rural scenarios.

Our  firm regularly represents clients in court proceedings where third parties have  challenged  their title and wrongfully trespassed on their holding. This is a specialist area of legal practice that requires a detailed knowledge of property law and the capability to launch or defend injunctions at short notice. We work with experienced and specialist counsel and clients are referred to us for our reputation and success in handling such case.

As property solicitors, we routinely handle ground rent cases for residential and business premises and will advise without charge if it is necessary to buy out the freehold. Owning the freehold can add significant value to a property and will be required by lending institutions where there is less than 70 years on your lease. We will direct whether to proceed before the Property Registration Authority, the County Registrar or whether it is possible to acquire the freehold directly from your landlord.

Clients are often referred to us in circumstances where no planning permission exists, or they are in breach of Planning Permission/Building Regulations. Planning legislation has been in force in Ireland since 1964 and Building Regulations since 1990 and lack of compliance can affect market value.

Our property solicitors have an in-depth knowledge of planning legislation and may be able to resolve compliance issues without the risk (and cost) of applying for Retention Permission.

We frequently encounter title problems when a client is buying or selling a house. A common situation is where no planning permission exists or a house has been built in breach of Planning Permission and or Building Regulations. Planning legislation has been in force in Ireland since 1964 and Building Regulations since 1990 and lack of compliance can seriously affect market value.

Our conveyancing solicitors have an in-depth knowledge of planning legislation and may be able to resolve such compliance issues without the risk, cost and delay of applying for Retention Permission.