Ask a solicitor: Is it worth it to risk building a home on family land without title?

The fact planning permission was obtained with your aunt’s cooperation does not, in itself, give rise to ownership rights. However, that does not necessarily mean that you have no legal protection

In the absence of a transfer of title or a long-term lease, the legal owner of the land is also regarded as the owner of the dwelling, regardless of who paid for its construction.

Dear Jane, 

About 10 years ago, my aunt allowed me to place a modular home on part of her farm so that I could live close by and help her as she got older.

At the time, she was very supportive of the idea and told me that the site would eventually be transferred to me. No formal agreement was ever signed, but she cooperated with the planning process, and I paid all costs associated with the development and services.

Since then, relationships within the wider family have become strained. My aunt has recently told me that she has changed her mind and now says that the land will be divided differently under her will. 

I am extremely worried, as I have invested my savings into the house and it is my family’s only home. Where do I stand legally, and do I have any rights in relation to the house or the site?

Dear Reader, 

This is a very difficult situation and one that arises more often than people realise, where family arrangements are made informally and without legal documentation.

Under Irish law, ownership of buildings generally follows ownership of the land on which they are built. Where a dwelling is permanently attached to land, it is treated as part of the land itself. 

This means that, in the absence of a transfer of title or a long-term lease, the legal owner of the land is also regarded as the owner of the dwelling, regardless of who paid for its construction.

The fact that planning permission was obtained with your aunt’s cooperation does not, in itself, give rise to ownership rights. Planning consent deals with the permissibility of development, not with title to land.

However, that does not necessarily mean that you have no legal protection. Irish courts recognise it can be unjust for a landowner to benefit from another person’s expenditure where assurances were given and relied upon.

In certain circumstances, a person who has built a home on another’s land based on a clear understanding or encouragement may be able to assert an equitable interest.

One possible argument is that you acted on a shared understanding that you would be given rights over the site, and you relied on that understanding to your detriment by investing significant sums of money and establishing your family home there. 

Where such reliance can be proven, the courts may intervene to prevent an unconscionable outcome.

Each case depends heavily on evidence. Relevant factors include what was said at the time, whether witnesses were present, the extent of the financial investment, the length of time you have occupied the property, and whether your aunt stood by while you incurred these costs without objection.

If your aunt were to pass away without resolving the matter, the land and dwelling would form part of her estate and be distributed in accordance with her will or the rules of intestacy. This could place your occupation of the property at serious risk.

Your first step should be to seek legal advice without delay. A solicitor can assess whether a formal demand should be made seeking recognition of your interest or the transfer of the site. In some cases, matters can be resolved through negotiation before positions become entrenched.

Jane Bourke is a solicitor practising in Walsh & Partners Solicitors LLP, Co Cork.

Email: [e-mail] 

Web: www.walshandpartners.ie

• While every effort is taken to ensure the accuracy of the information contained in this article, solicitor Jane Bourke does not accept responsibility for errors or omissions, howsoever arising. Readers should seek legal advice in relation to their particular circumstances at the earliest opportunity.