IrelandProperty
Property law, conveyancing, strata management
25 questions
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Registration & Title
(5)I want to register my property with the Land Registry.
You can apply to register your property with the Land Registry under the Registration of Title Act 1964. First-time registration is voluntary in most areas but mandatory in certain counties and for specific transactions.
Must a property sale contract be in writing?
Yes, a contract for the sale of land in Ireland must be in writing and signed by the parties or their authorised agents.
What is the difference between freehold and leasehold?
Freehold means outright ownership of land and any buildings on it, with no time limit. Leasehold means you own the right to use the property for a fixed period under a lease agreement.
What is a vendor's obligation regarding title?
A vendor in Ireland must deliver a good, marketable title to the buyer at completion, as required by the Land and Conveyancing Law Reform Act 2009.
What is the Land Registry's guarantee of title?
The Land Registry in Ireland guarantees the title of registered owners under section 31 of the Registration of Title Act 1964, meaning the State indemnifies them against loss caused by errors or omissions in the register.
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Planning & Development
(4)I need planning permission for an extension. What's the process?
Yes, you generally need planning permission for an extension in Ireland, unless it qualifies as exempted development under the Planning and Development Act 2000.
Can I build without planning permission?
In Ireland, you generally cannot build without planning permission β but some small or exempted developments may not require it under the Planning and Development Act 2000.
The builder didn't comply with building regulations.
If a builder fails to comply with building regulations in Ireland, the local authority can issue an enforcement notice under section 152 of the Planning and Development Act 2000 to require remedial works or demolition.
Can I subdivide my property for development?
Yes, you can subdivide your property for development in Ireland, but only with planning permission from your local authority under the Planning and Development Act 2000.
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Boundaries & Easements
(5)My boundary is disputed with my neighbour.
In Ireland, boundary disputes are resolved through the Land Registry under the Registration of Title Act 1964. You can apply to have the precise boundary determined and registered.
My neighbour's tree is encroaching on my property.
Under Irish law, you may cut back branches or roots of your neighbour's tree that overhang or intrude onto your property, up to the boundary line β but you must not trespass or damage the tree itself.
What is a right of way and how is it established?
A right of way is a legal right to pass over another personβs land for access. In Ireland, it can be established by express grant, implication, or long use β but since 1 December 2009, new prescriptive rights of way can no longer be acquired by mere use alone.
My property has a restrictive covenant. Can I remove it?
Yes, you may apply to the Circuit Court to remove or modify a restrictive covenant under the Land and Conveyancing Law Reform Act 2009, but only if it is obsolete, contrary to public interest, or no longer serves its original purpose.
Can I claim prescriptive easement over my neighbour's land?
Yes, you may claim a prescriptive easement over your neighbour's land in Ireland if you have used it openly, continuously, and without permission for at least 12 years before 1 December 2009, or for 12 years after that date under the new rules.
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Compulsory Purchase
(3)Can the government compulsorily acquire my land?
Yes, the Irish government can compulsorily acquire your land for public purposes under the Planning and Development Act 2000, but only following strict legal procedures and with fair compensation.
What is a lis pendens and how does it affect property?
A lis pendens is a formal notice registered against a property to warn that legal proceedings affecting its ownership or rights are pending. In Ireland, it prevents the owner from selling or mortgaging the property without disclosing the claim.
My property is affected by a compulsory purchase order.
If your property is affected by a compulsory purchase order (CPO) in Ireland, the acquiring authority must follow strict procedures under the Planning and Development Act 2000, including publishing notice, allowing objections, and paying fair compensation.
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Ownership & Disputes
(4)What is adverse possession in Ireland?
Adverse possession in Ireland is a legal process where a person who occupies someone elseβs land without permission may acquire legal ownership after 12 years of continuous, open, and exclusive possession.
Can I create a trust over property?
Yes, you can create a trust over property in Ireland, but it must comply with formal requirements β including being in writing and signed by the person creating the trust or their authorised agent.
I bought a property with a planning issue. Am I liable?
Yes, as the current owner, you are generally liable for unauthorised development under the Planning and Development Act 2000 β even if the breach occurred before you bought the property.
I co-own property and want to sell. Can I force a partition?
Yes, as a co-owner in Ireland, you can apply to the court for an order for partition or sale of the property under section 31 of the Land and Conveyancing Law Reform Act 2009.
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Taxes & Sales
(3)What is the process for buying property in Ireland?
Buying property in Ireland involves agreeing a sale, instructing a solicitor, carrying out due diligence, signing contracts, paying a deposit, and completing with full payment and registration of ownership.
What stamp duty applies to residential property purchase?
In Ireland, stamp duty on residential property purchases is generally 1% of the purchase price for properties up to β¬1 million, and 2% on the amount over β¬1 million.
Can my mortgage lender sell my property if I default?
Yes, your mortgage lender in Ireland can sell your property if you default, but only after following strict legal steps β including serving a formal warning notice and obtaining court permission in most cases.