Squatter’s Title (Section 49 Applications)

What is a Section 49 Application?
A Section 49 Application is an application that can be made to the Land Registry to register an applicant as the owner of property based on possession.   An applicant must therefore prove that he has been in possession of the property up to the present time. An example of a situation where a Section 49 application may be required is as follows:-
John Deere, the registered full owner died intestate (without a will) on the 5th of November, 1958. John Deere is survived by his Widow Ann and two children Patrick and Margaret.  Margaret is married and now lives in England and Patrick remained on the farm with his mother.   Ann, Patrick’s mother dies testate (with a will) on the 6th of April, 1960.   The Will was never proved, but Patrick remained on the land and married Mary. They had two children, Elizabeth and Thomas.   Elizabeth, Thomas’ sister and Patrick’s daughter, lives in the USA and is married there and has her own family.  Thomas remains on the farm all his life.  Patrick died on the 17th October, 2003. Thomas, on checking with the Land Registry finds that his grandfather John Deere remains as the registered full owner.   Thomas now wishes to have himself registered as owner of that property.  

In order to make such an application, the Solicitor will have to draw up various Affidavits and other documents and present same to the Land Registry.   The Land Registry is very specific regarding the format within which each Affidavit must be written and the various documents that must accompany same. 

What is the difference between a First Registration Application and a Section 49 Application?
A Section 49 Application is an application based on possession while an application for First Registration is the entry into the register a title that has not previously been registered. 

Application for First Registration

What is first registration?
First registration is the entering into the Register for the first time title to lands which have previously been unregistered.   It is primarily used where is there some defect in a title or where there are no title deeds, for example where they are lost or destroyed.  An application for first registration can be made in a Freehold Register or in the Leasehold Register, depending upon the title to the property.

How is a first registration application made?
There are various documents which must be used in the application for first registration.  The Land Registry is very specific on the prescribed format and form of such documents and the accompanying documents required. We, at Pierse & Fitzgibbon Solicitors, have vast experience in drafting such documents.   One such document is known as a Statement of Title, which is a statement giving in chorological order a summary of the facts on which the Applicant’s claim is based.