Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Land ownership

  • 13-03-2008 1:14pm
    #1
    BurnsCarpenter
    Registered Users, Registered Users 2 Posts: 554 ✭✭✭


    Just wondering about what kind of laws are in place around land ownership.
    If a plot of land has been left idle for some time, what does it take to have a valid legal claim on it, without actually having lived on it?
    Is ownership according to the land registry the bottom line?
    Thanks.


Comments

  • #2
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    Not necessarily. A person can gain ownership of land by claiming what are commonly called "squatter's rights". The normal period of occupation required to gain ownership in this manner is 12 years.

    That's just a general rule. A lot depends on the facts. If you are wondering about a specific set of circumstances that concern you, then go and see a solicitor. Legal advice may not be sought here.


  • #3
    BurnsCarpenter
    Registered Users, Registered Users 2 Posts: 554 ✭✭✭BurnsCarpenter


    Just hypothetical, honest.


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Maximilian wrote: »
    The normal period of occupation required to gain ownership in this manner is 12 years.
    Not only must you occupy, you must also exclude others and you must not have paid rent, among a few other rules. The length of time is longer for the State.


  • #5
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    BurnsCarpenter wrote: »
    Just wondering about what kind of laws are in place around land ownership.

    Big, dusty tomes, full of the stuff.


  • #6
    ivanthehunter
    Banned (with Prison Access) Posts: 1,284 ✭✭✭ivanthehunter


    Victor wrote: »
    Not only must you occupy, you must also exclude others and you must not have paid rent, among a few other rules. The length of time is longer for the State.

    do you mean that if you set up shop on state owned land you'll have to be there more than 12 years to lay claim.
    Anybody?
    has any one ever seen land that the land registry had no information on.... How would one go about finding the owner of this land..:pac:


  • Advertisement
  • #7
    ivanthehunter
    Banned (with Prison Access) Posts: 1,284 ✭✭✭ivanthehunter


    BurnsCarpenter wrote: »
    Just wondering about what kind of laws are in place around land ownership.
    If a plot of land has been left idle for some time, what does it take to have a valid legal claim on it, without actually having lived on it?
    Is ownership according to the land registry the bottom line?
    Thanks.

    firstly land reg documents mean nothing when it comes to land ownership they are only for the purposes of registration of a person to a given parcel of land. If there exists a disused plot of land near you can not lay claim to this unless you firstly BELIEVE that you have some right to/of claim.. stick a few goats or sheep in it and chance your arm.. If now one complains then make sure that you keep it locked and that it is surrounded with a stock proof fence.. You'll have some rights after 12months i think-to the point where the owner might have to offer you a 12 month lease but i'm not sure.. The real thing is to try and hold on to it for 12 years and hope that no one takes an action in that time frame.. Any action taken against a possible squatter before the 12 years is up will block their bid to claim squatter's rights...
    But this is a nightmare.. you will have to keep the premises locked up and keep the owner out.. The owner will have really shot himself in the foot if he creates a paper trail..... If you were the owner dont phone for legal help phone for heavy help.... I have my opinion on this and thats all it is" an opinion"


  • #8
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    Rules are different for the State - I think it might be 30 years perhaps, double that for foreshore. Also, if the dispossed person was under a disability the period is increased.

    You could go down to the land registry and do a search to find out the owner. That's assuming the land is registered there. There is another system, older, the registry of deeds - its more common for urban land. Land registry would be for more rural land and also large scale residential developments, particularly in Blanchardstown, Lucan etc.

    You could alway call one of the law searcher firms like Brennans or Rochford Brady and get them to do the donkey work. Might cost you about 75-100 quid or so.


  • #9
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    ivanthehunter wrote: »
    You'll have some rights after 12months i think-to the point where the owner might have to offer you a 12 month lease but i'm not sure..
    I suspect you need to have a lease to be entitled to a renewal.
    The owner will have really shot himself in the foot if he creates a paper trail.....
    Why? All the owner needs to do is demand rent and the occupier is in a very difficult situation.


Advertisement