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How to check if the selling house has good title?

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  • 26-05-2013 6:09pm
    #1
    criticalmass
    Registered Users Posts: 3 ✭


    HI
    I wonder if you have any tips on spotting the houses which have 'problems' with the legal title?
    I know the short answer: Go to your solicitor!
    I don't want to end up paying solicitor/surveyor and other fees if I can see the 'problems' in advance. I am already burnt with a house in Ballaly terrace and any advice is much appreciated


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    #2
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    I'm not sure about the quick and dirty tricks, except to ask if it's private treaty or a repossession. The repossession may take significantly longer. More knowledgeable people here on that score.

    From a land law point of view it is an extremely complex area and there can be any number of issues from easements running through the property to the fact that the 15th Duke of Winbourne has a small piece of the garden on a 999 year lease. I know there are some people that research all this themselves but realistically you really do need a solicitor I'm afraid.

    Happy to be corrected of course.


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    #3
    Big C
    Registered Users Posts: 943 ✭✭✭Big C


    contact a "Law search company,", they do it for the solicitor, pm for names


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    #4
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    When it comes to title its not possible to know if there is a problem until you have sight of the deeds and that doesn't happen until they are with your Solicitor in the pre-contract phase. Just about any problem on title is rectifiable though, it just might be a bit complicated.

    Some problems can be identified though, as stated a receiver sale may cause delays as receivers don't move quickly and banks are wary of them. A planning issue can cause delays also and sometimes those issues can be apparent just by looking at the property.


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    #5
    criticalmass
    Registered Users Posts: 3 ✭criticalmass


    Thank you all
    Indeed the best way is to have a law search done on the title but can I do the search having only the address of the property and not the actual deeds from vendor?

    As an example, agreed with the vendor to purchase the house on 38 Balally Terrace and asked them if there are any issues re planning permissions and right of way. The vendor confirmed they are no problems with the title and they have always use the front lane for accessing the house. At that point expenses are incurred for hiring surveyor/valuer and solicitor to proceed with the sale. Later on (after 2.5 months) vendor supplies the deeds and found out there is no easement(right of way) for the front lane and vendor withdraws from agreement.

    I want to avoid these type of costs and to find a way to forsee them


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    #6
    BigBus
    Registered Users Posts: 17 ✭BigBus


    I don't know if helps but if I usually have doubts if the house didn't change the owner in in the last 30 years (assume the house is older than that) as the Balally Terrace was built in early 1900
    Also, you might ask your solicitor if there is any compensation on your case. Just as a note the 38 Balally Terrace was put for sale couple times-


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    #7
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    BigBus wrote: »
    I don't know if helps but if I usually have doubts if the house didn't change the owner in in the last 30 years -

    Your right that really isn't any help. Believe it or not a lot of people buy a family home and stay in said home until after they raise their family. The clue is in the word family home. That will often mean living in the same house for more than 30 years.

    Just because somebody doesn't move doesn't mean it has dubious title.


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    #8
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    criticalmass wrote: »
    Thank you all
    Indeed the best way is to have a law search done on the title but can I do the search having only the address of the property and not the actual deeds from vendor?

    As an example, agreed with the vendor to purchase the house on 38 Balally Terrace and asked them if there are any issues re planning permissions and right of way. The vendor confirmed they are no problems with the title and they have always use the front lane for accessing the house. At that point expenses are incurred for hiring surveyor/valuer and solicitor to proceed with the sale. Later on (after 2.5 months) vendor supplies the deeds and found out there is no easement(right of way) for the front lane and vendor withdraws from agreement.

    I want to avoid these type of costs and to find a way to forsee them

    You can do a search against any property you want without needing to have the deeds but that search won't necessarily give you the whole picture.

    Go to landdirect.ie and set yourself up with an account and Bob's your Uncle.

    However a search probably wouldn't have turned up the lack of easement in the property you mentioned in your post.


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