Deeds of ownership

ormolu

My brother and I bought a public house in 1989 for £130000 Irish pounds. Two years after we bought the premises, we had a falling out. The loan was over a 15 year period. I have now asked my brother to sell the premises but he informs me that the Irish Credit Corporation gave the pub to the barman because there was a big sum of money owed on the mortgage. I have contacted the I.C.C (now the Bank of Scotland) and they tell me that all the mortgage was paid up in full and was never handed over to anybody else. After checking in the deeds office, I was informed that the deeds are still in mine and my brothers names. Could anybody tell me how I might proceed from here? Even though my name is still registered in the deeds office, could this still be in somone else's name? Could anyone recommend a good solicitor in this field in the leinster region?

jdivision

Constance Cassidy is the expert in the licensing area but she's a barrister. You might need to use oppression of a minority shareholder legislation but if you're 50-50 in it not sure how it'll work.

nuac

Had you any written agreement with your brother on buying the pub?

Talk to your solicitor about this. Most solicitors would be competent to advise.

Constance C assidy S.C. is indeed an expert on Licensing Law, but that is not the problem here.

You say your fell out with your brother about 1991 - You should have taken legal advice then.

dats_right

Agree with everything NUAC has said. I'd just like to add that there is the potential that your brother has gained 'squatters rights' or adverse possession against your interest in the property, meaning that you may not be able to do anything despite your names being on the deeds. That said these things are always more complex and intricate then they first appear and you should immediately see a solicitor. Most general practice solicitors would be competent in these types of disputes. Phone around a few of your local solicitors.