Adverse Possession

Miranda7

Why is the lengthof time for Adverse Possession different for private property and state property.

NoQuarter

I'd imagine it has something to do with the State having a bigger portfolio of land. 12 years is more than enough to make sure private land doesnt slip away from you but for the State, they might have land in the far flung regions of wherever and might need that 30 years.

Milk & Honey

Miranda7 wrote: »

Why is the lengthof time for Adverse Possession different for private property and state property.

Cui bono? Who made the law in the first place?

Hogzy

It would be impossible for the state to monitor ALL its land. Could you imagine the resources that would be required and the cost of same.

Procrastastudy

Hogzy wrote: »

It would be impossible for the state to monitor ALL its land. Could you imagine the resources that would be required and the cost of same.

Honestly couldn't monitor every bit of land over a period of twelve years? Give me €45,000 per year and I'll monitor it for them. I reckon about a six hour day five days a week would do it.

EDIT: I've just worked out to monitor the entire island of Ireland I've have to monitor 5 square km per hour. Do able I reckon.

EDIT 2: Yes I know I am an exceptionally sad individual.

Reloc8

Cos the Man says so. And its his land.

Victor

Procrastastudy wrote: »

Honestly couldn't monitor every bit of land over a period of twelve years? Give me €45,000 per year and I'll monitor it for them. I reckon about a six hour day five days a week would do it.

EDIT: I've just worked out to monitor the entire island of Ireland I've have to monitor 5 square km per hour. Do able I reckon.

EDIT 2: Yes I know I am an exceptionally sad individual.

The trick is to make sure you don't have the job for 30 years.

Procrastastudy

Victor wrote: »

The trick is to make sure you don't have the job for 30 years.

LOL - Sir Humphrey is that you?

Victor

Procrastastudy wrote: »

LOL - Sir Humphrey is that you?

No, it's an anti-fraud thing.

Manach

Offhand, there would be a longer timeperiod for seashore land.
As for the State needing land, all that need to do is declare a need for a CPO and take what they require.

Procrastastudy

Manach wrote: »

Offhand, there would be a longer timeperiod for seashore land.
As for the State needing land, all that need to do is declare a need for a CPO and take what they require.

60 years IIRC

NoQuarter

Manach wrote: »

Offhand, there would be a longer timeperiod for seashore land.
As for the State needing land, all that need to do is declare a need for a CPO and take what they require.

CPO doesnt come without its own problems!

Victor

With the new property registration and property tax regimes, is registration mandatory and can adverse possession be done away with?

NoQuarter

There is no requirement for the land to be unregistered for adverse possession so the 2009 Act has no effect.

Procrastastudy

Victor wrote: »

With the new property registration and property tax regimes, is registration mandatory and can adverse possession be done away with?

It would be very dangerous, in my uneducated opinion, at the moment to do away with AP. With NAMA leaving bits of land here there and everywhere it's best someone starts putting it to good use.

Reloc8

^ Agree - maybe by opening a bank or something.

Condatis

Does the 30 year rule apply to Local Authority lands?