land..who is the rightful owner

coyle21

hi,

My friend purchased some land years ago but on the deed maps its shows 3 acres that should go with it but seems the neighbour has been using it, grazing and mowing it for as past 26 years and even built a house on it.
So its the neighbours who owns it now is it...

Pat Mustard

Hard to know.

You'd have to give ALL of the relevant details, such as when your friend bought the land and from whom, and how the neighbour came to be in possession. You'd have to be able to say who is the registered owner of the lands.

It would be interesting to know what the solicitor who acted in the purchase would have to say about the matter, because land is normally bought/sold with vacant possession. It is usual that nobody else is in possession of lands, when they are bought/sold.

Lambofdave

coyle21 wrote: »

hi,

My friend purchased some land years ago but on the deed maps its shows 3 acres that should go with it but seems the neighbour has been using it, grazing and mowing it for as past 26 years and even built a house on it.
So its the neighbours who owns it now is it...

How much land did they purchase and how many acres are on the deed map.

Peppa Cig

Jumping on here.....
It can take many months for land registry to change name on folios.
Does this mean legal ownership does not transfer until then or does legal ownership transfer when both parties sign relevant legal documents?

amen

It is usual that nobody else is in possession of lands, when they are bought/sold.

Unless the land was viewed by the solicitor would he have even know of the other house?

OP did an Engineer check and mark the boundaries before purchase and if so why was the existing house not noticed ?

coyle21

neighbour has taken 3 acres but its on my friends deed map, he purchased it from a guy that is leaving the country but it been in his family for 50 years. Its in a fairly remote area.
Its seems the neighbour seen it was not being used and gradually decided to take it over, no one bothered about him.
Can the neighbour get it into his name when its belongs to someone else, its on another persons deed map so not his. alot of time has passed but is it not the case once yours, always yours.

Addle

FYI
http://www.prai.ie/eng/Legal_Professional_Customers/Legal_Practices_Procedures/Practice_Directions/15_Title_By_Adverse_Possession_To_Registered_Land/Adverse_possession_-_Title_by_Adverse_Possession_to_Registered_land_updated_01_February_2013_.html

h2005

After 26 years I'd say the neighbour has a rock solid case for adverse possession. Such a scummy thing to do.

Bepolite

h2005 wrote: »

After 26 years I'd say the neighbour has a rock solid case for adverse possession. Such a scummy thing to do.

Not really; AP exists for excellent reasons.

OP your friend needs to take everything to a solicitor.

h2005

Bepolite wrote: »

Not really; AP exists for excellent reasons.

OP your friend needs to take everything to a solicitor.

Its not scummy to just move on to land that's not yours?

Bepolite

h2005 wrote: »

Its not scummy to just move on to land that's not yours?

Scummy is an excellent word to explore.

If AP did not exist many people would be living next to scummy pieces of land. The limit is 12 years minimum. If you haven't looked over the fence in 12 years then you really have no interest in the land.