Legal aid FAQs - land disputes

Q1.   How do I make an application in a land dispute?

You will need to make an application to representation higher. 

For guidance on how to submit an application request in LAMS, refer to Section 16.0 of the LAMS Supplier Manual and ‘Submitting an application’ in the Instructional Videos.

Q2.   What information do LSANI require?

Please provide the following:

  • Full statement outlining the details of the case including the basis of any equitable claim or adverse possession.
  • Statement from solicitor analysing the likely key issues, in particular the likely costs and benefits of the proceedings.
  • Details of all attempts to resolve the issues without recourse to the court.
  • Details of all interested parties.

Q3.   What documentation should I provide with my application?

We will require:

  • Relevant interparty correspondence.
  • Copy of all relevant supporting documentation e.g. title documents and any available maps with appropriate colouring if relevant.
  • Photographs.
  • Witness statements.

For guidance on how to upload a document in LAMS, refer to ‘Uploading a document’ in the Instructional Videos.

Q4.   What type of certificate will I receive?

Generally, the Agency will limit the certificate to certain steps in proceedings so as to minimise the exposure of the fund in the early stages of the case. Often certificates will be initially be limited to all steps up to but excluding setting down / certificate of readiness, to include instructing counsel for advice and directions on proofs. When a limitation has been exhausted you should follow the amendment request process to seek either a further limitation or a full certificate.

For guidance on how to submit an amendment request in LAMS, refer to Section 19.0 of the LAMS Supplier Manual.

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