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squatting land

  • 05-09-2007 12:36am
    #1
    mukki
    Closed Accounts Posts: 2,669 ✭✭✭


    wifes father gave us a site

    even though we got .7 acres- due to the shape of the site we have no back garden. Back of the house is along the fence, so we need about 5-10 meters more, increasing site from .7 to probalby .8 acres

    soliciter said the site was a one time only gift, and to get more we would have to pay tax (and all the soliciter and estate agent fees again)

    so our plan is to just move the fence to give us a back garden


    would we legally own this plot if we keep it for some time (squatter rights??) , or are we just delaying the inevitable

    edit

    do'h didnt see the thread below, sorry kill me (or just lock me up)


Comments

  • #2
    grumpytrousers
    Registered Users, Registered Users 2 Posts: 1,884 ✭✭✭grumpytrousers


    you sorta could; i mean - extend the fence out to where you want your garden to end with a nod-and-a-wink arrangement with your father in law that he'd not make waves and after 12 years you should be in possession.

    however, in order to claim squatters rights/adverse possession the Land Registry will demand a certificate from the Revenue that there is no tax payable on the taking of the lands. And they *might* form the opinion in 12 years that the only reason you went down the squatters rights avenue in any event was to avoid paying stamp duty etc and not look too kindly on you.

    put it like this. You're mad to pay estate agent fees where there's a transaction between family members. So that's not a concern, right

    Solicitor fees now will be 'x' and the file will be active and 'to hand' for the solicitor and to be honest, he'll probably do it for sod all on top of what you've already paid

    solicitor fees in 12 years time to bring an adverse possession application might well be more.

    You could well be penny wise and pound foolish...


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