Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Land Registry - clause

Options
  • 08-05-2018 7:15pm
    #1
    sullydublin
    Registered Users Posts: 179 ✭✭


    Hi All,

    Currently selling our home and the purchasers solicitor is querying this section below:

    The property is subject to conditions relating to the use and
    enjoyment of the property, contained in Instrument Number

    Anyone come across this before?


Comments

  • Options
    #2
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    I can't keep Chickens. Is the house/land ex local authority?


  • Options
    #3
    Fann Linn
    Registered Users Posts: 7,787 ✭✭✭Fann Linn


    sullydublin wrote: »
    Hi All,

    Currently selling our home and the purchasers solicitor is querying this section below:

    The property is subject to conditions relating to the use and
    enjoyment of the property, contained in Instrument Number

    Anyone come across this before?

    Is there a right of way through the land, are there fishing or shooting rights attached, is your granny or some other relative entitled to live out the rest of their lives at this address?

    All issues that could be highlighted on land registry folios.


  • Options
    #4
    sullydublin
    Registered Users Posts: 179 ✭✭sullydublin


    Fann Linn wrote: »
    Is there a right of way through the land, are there fishing or shooting rights attached, is your granny or some other relative entitled to live out the rest of their lives at this address?

    All issues that could be highlighted on land registry folios.

    It's an end terrace ex council house. I'm sure it's nothing, I hope ,ðŸ˜


  • Options
    #5
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    sullydublin wrote: »
    It's an end terrace ex council house. I'm sure it's nothing, I hope ,ðŸ˜

    Had the same issues there are (very standard) conditions attached to the lease. Was it ever converted to Fee Simple (Freehold)?

    The conditions for mine are along the lines of not keeping farmyard animals.


  • Options
    #6
    juke
    Registered Users Posts: 1,673 ✭✭✭juke


    Burdens like this are on most titles - very common in housing estates, to deal with drainage etc.

    A copy of the relevant document can be obtained from the Land Registry for €40.


  • Advertisement
  • Options
    #7
    M.Cribben
    Registered Users Posts: 325 ✭✭M.Cribben


    I've seen that on LR records before, every house in the estate probably has the same entry so I doubt it's anything specific related to yours. It only costs 5 euro to check an individual house.


  • Options
    #8
    M.Cribben
    Registered Users Posts: 325 ✭✭M.Cribben


    juke wrote: »
    Burdens like this are on most titles - very common in housing estates, to deal with drainage etc.

    A copy of the relevant document can be obtained from the Land Registry for €40.

    That would be the full price including certified map..


  • Options
    #9
    juke
    Registered Users Posts: 1,673 ✭✭✭juke


    M.Cribben wrote: »
    That would be the full price including certified map..

    No - you're talking about a copy of the folio. I'm talking about the actual document which created the burden (or restriction etc) - it's called an Instrument.


  • Options
    #10
    sullydublin
    Registered Users Posts: 179 ✭✭sullydublin


    Seems like it's nothing to worry about. Also does leasehold make any difference?


  • Options
    #11
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    sullydublin wrote: »
    Seems like it's nothing to worry about. Also does leasehold make any difference?

    Not if there is 70+ years left on it, it's considered good marketable title. Might put the odd buyer off though. Very easily and cheaply converted to Fee Simple.


  • Advertisement
  • Options
    #12
    sullydublin
    Registered Users Posts: 179 ✭✭sullydublin


    Samuel T. Cogley wrote: »
    Not if there is 70+ years left on it, it's considered good marketable title. Might put the odd buyer off though. Very easily and cheaply converted to Fee Simple.

    Think there is 110 years left so that's another plus. Thanks for the advice.


Advertisement