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reduction in time limitations for adverse possession?

  • 07-12-2014 11:52am
    #1
    Joshua5
    Registered Users, Registered Users 2 Posts: 374 ✭✭


    Hi Folks,

    I'm doing an article and looking for guidance on the statue of limitations for adverse possession. I realise the topic is widely covered and I've searched the other threads without success.

    From an article I read in the independent it reports that adverse possession can be taken on a deceased persons property within six years if nobody has taking a claim in their will.

    Additionally in the statue of limitations it states the following:


    126.—The Statute of Limitations, 1957 , is hereby amended by the substitution of the following section for section 45:

    “45. (1) Subject to section 71, no action in respect of any claim to the estate of a deceased person or to any share or interest in such estate, whether under a will, on intestacy or under section 111 of the Succession Act, 1965, shall be brought after the expiration of six years from the date when the right to receive the share or interest accrued.

    (2) No action to recover arrears of interest in respect of any legacy or damages in respect of such arrears shall be brought after the expiration of three years from the date on which the interest became due.”

    Also in Applications under Section 49 of the Registration of Title Act, 1964
    3.2. Reduction of the statutory period.
    The period of Limitation remained 12 years up to the 1st of January, 1967. From and after that date, under section 126 of the 1965 Act a beneficiary of a deceased owner in possession bars the other beneficiaries by 6 years adverse possession or in the case of persons under disability 9 years e.g. an additional 3 years from date of death or recovery of the person under disability. But a legal personal representative is not barred for 12 years. See paragraph 20.1.

    However, it must be borne in mind that where the property being acquired is not part of the estate of a deceased owner, the period of limitation is 12 years and in the case of persons under disability the period is extended as provided in Chapter II of the 1957 Act. In other words, the application of the shortened period of limitation in Section 126 and 127 of the 1965 Act , applies only in the case of the administration of estates of deceased persons who died after 1st of January 1967.

    I see all the posts stating it's 12 years with no exception, but is there also a six year rule in the case of a deceased person?

    Cheers!


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