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Squatters rights / Adverse Possession

  • 14-05-2015 11:36pm
    #1
    JumpShivers
    Closed Accounts Posts: 580 ✭✭✭


    As far as I know, squatters rights kick in after 12 years of continuous "squatting" on land / in a house.

    If a person is in the middle of a 20 year mortgage (and in the unlikely event) that they don't show up to check land for 12 years, does the squatter automatically gain possession of the property and the person who took out the mortgage still has responsibility for paying the mortgage even though they no longer own the property but the loan is in their name. I know it's unlikely for someone to not show up at their property for 12 years so it's only a hypothetical.

    What about the following situation. A person owns 5 acres of land and they sell it to a developer, the developer gives the person 5 million plus one plot for a house. So the land essentially has a "burden" on it. If someone was to gain adverse possession of the land from the developer (or receiver in case of bankruptcy) would they also gain possession of the single plot of land that was given to the seller originally?

    What is everyones opinion on adverse possession?


Comments

  • #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Adverse possession doesn't mean the land is your per se. After 12 years one could attempt to register the land but other parties would be informed and could challenge the registration. The 12 year period is more of a shield than a sword in that it prevents someone from suing you for being on their land. All that said it is very easy to restart the clock. IIRC looking over the hedge one is 12 years was enough in one case, you also have to have used the land as your own, excluding all others.

    AP is a very useful tool and a necessary one. Really does it involve large tracts of lands or houses being unjustly transferred to someone but that little plot one has fenced off, removed the rubbish from and tended for years can eventually become one's property and rightly so.


  • #3
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    JumpShivers wrote: »
    If a person is in the middle of a 20 year mortgage (and in the unlikely event) that they don't show up to check land for 12 years, does the squatter automatically gain possession of the property and the person who took out the mortgage still has responsibility for paying the mortgage even though they no longer own the property but the loan is in their name. I know it's unlikely for someone to not show up at their property for 12 years so it's only a hypothetical.

    What about the following situation. A person owns 5 acres of land and they sell it to a developer, the developer gives the person 5 million plus one plot for a house. So the land essentially has a "burden" on it. If someone was to gain adverse possession of the land from the developer (or receiver in case of bankruptcy) would they also gain possession of the single plot of land that was given to the seller originally?
    People cannot claim adverse possession over lands they have never possessed.


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