Q. We bought our house about 10 years ago. The person who lived in the property left a considerable amount of belongings after them. It was mainly junk, which we disposed of. There were some nice small pieces we kept. We have recently done some renovations and found a relatively substantial amount of cash (in Punts!) and some personal papers, letters, and so on, in the attic. They all appear to date from the 70s. We want to try and get these documents back to the owners, but what should we do in the event that we cannot contact anyone?
Dear Reader,
This is an issue that frequently occurs when the vendor is selling the property at a remove, such as a sale following a death or similar.
For this reason, it is always advisable to have a ‘walkthrough’ of the property prior to closing. That said, invariably very few people would have a look in the attic, so for people purchasing homes going forward it might be an idea to do so.
It would generally be a term of the contract under which you bought the property that ‘vacant possession’ would be offered up to you at closing. This means that it was the obligation of the previous owner to ensure that all contents were removed from the property before the sale to you closed.
Strictly speaking you would have been within your rights to ask the vendors to discharge waste disposal costs, although that option would not now be open to you after such a length of time
It is admirable that you want to try and get the items back to the owner. The documentation itself may have some indication as to the owner. The solicitor or auctioneer that looked after the purchase on your behalf would also have an address for the person who sold the house to you, although same would now be somewhat out of date.
Given that the items were from the 70s, the person who sold the home to you may not be the person to whom the documentation belongs.
If you are unable to trace the owners promptly, you are obliged to report the property and cash as ‘lost’ to your local Garda Station. The old rule (first put into Statute in 1897 but predating that Act by some time) is that if they cannot locate the owner within a year and a day, the cash and property becomes yours.
Best of luck in tracking down the owners of the funds and the documentation.