Q. My grandfather was a farmer. Towards the end of his life he sold various plots of land to other local farmers, gave sites to family, that kind of thing. He eventually left the main house to me on his death. There is a derelict cottage nearby, which I assumed my grandfather had sold to the neighbour that farms the land that surrounds it. The farmer, however, has indicated the cottage was excluded from the property he bought as my grandfather had a sentimental attachment to it. It’s structure is still sound, and I want to explore my options to sell it.
Dear Reader,
The first thing that you should do is try to ascertain who actually owns the property. Given that the property is on or near farmland, it is likely that the property is registered with the Land Registry, and you should be able to ascertain the registered owner fairly easily.
If it is still registered to your grandfather, it would devolve according to the terms of his will. If you had to extract a grant of probate following his death, it should be relatively straightforward to have the property placed into the appropriate name.
If the property is not in your grandfather’s name, you and your solicitors will have to ascertain who the owner is and how the property might devolve down amongst the family. Given that neither you nor the neighbour have been using the property, it is unlikely that any party would be able to claim squatters rights.
It may be possible that your solicitor can make an application to the courts to have the property placed in your name, but that would depend on how the property was held and the precise circumstances of your family.
Once you have ascertained the ownership situation, you should make enquiries as regards the structure itself. Was it built prior to 1964, i.e. prior to the coming into effect of the Planning Acts? Does it have access to a public road, or would another party have to grant a right of way? Is there access to water via mains or a well? Is there a septic tank or ability to connect wastewater to mains? Has the property even been placed on the derelict property register? You would also need to apply for an LPT ID, prepare maps, etc.
You should note that there are certain grants and reliefs available to assist in renovating certain derelict properties. You should consult with your own solicitors as regards the prudent next steps.
