Opposing squatters rights

ROY RACE

Bascially small bit of land behind me in Cobh was used as a carparking spot by neighbour now he wants to claim squatters rights on it so itll be legally his-how do i oppose this and what grounds should i use.

thanks for any advice

GerardKeating

ROY RACE wrote: »

Bascially small bit of land behind me in Cobh was used as a carparking spot by neighbour now he wants to claim squatters rights on it so itll be legally his-how do i oppose this and what grounds should i use.

thanks for any advice

Whom originally owned the land?

GM228

ROY RACE wrote: »

Bascially small bit of land behind me in Cobh was used as a carparking spot by neighbour now he wants to claim squatters rights on it so itll be legally his-how do i oppose this and what grounds should i use.

thanks for any advice

Have you (or anyone else besides him) ever used it on occasion in the last 12 years or done maintenance etc?

Also has he in the last 12 years acknowledged that someone else owns the land?

chops018

He has to make use of the land, and no that's not using it to park his car. Like, the land has to benefit in some way, if I recall correctly.

Can't remember fully as it's been ages since I read the case law. Animus Possidendi springs to mind as the main condition needed from Irish case law.

Also, has he been using it continuously for the last 12 years. If not then it's good luck to him. If there is none, then I suggest getting a fence around this area and a gate. Call the Guards if needs be, it's your land, he has to apply to the PRAI to actually get the land in his name through adverse possession, which, even a lot of good Solicitors wouldn't even know fully what to do in a situation like this (meaning there would be a lot of hurdles and hoops to go through).

Obviously I stand corrected on any of the above if it's wrong, as I said above, it's been ages since I've been studied adverse possession.

Fred Swanson

This post has been deleted.

GerardKeating

Fred Swanson wrote: »

This post has been deleted.

Would that not assume the OP owns the land, the OP read more like a competing claimant

ROY RACE

No im not a competing claimant it doesnt belong to anyone just dont like the idea of someone who parks their car on public land getting it and depriving others from using it -lets say depriving other people walking their dog on it etc

ROY RACE

GerardKeating wrote: »

Whom originally owned the land?

some landowner from 1900 i reckon that developed houses on it-part of a green that kids cant play on due to his car space

ROY RACE

GM228 wrote: »

Have you (or anyone else besides him) ever used it on occasion in the last 12 years or done maintenance etc?

Also has he in the last 12 years acknowledged that someone else owns the land?

others have put their car there on occasion i have seen but normally cant get it due to his car being there

GM228

ROY RACE wrote: »

others have put their car there on occasion i have seen but normally cant get it due to his car being there

Well that in itself could be an issue, the squatter must have sole and exclusive use and occupation for a continuous 12 years in order to succeed and an intention to exclude the true owner and the world at large.

brian_t

GM228 wrote: »

Well that in itself could be an issue, the squatter must have sole and exclusive use and occupation for a continuous 12 years in order to succeed and an intention to exclude the true owner and the world at large.

Does the land have to have been fenced off for the period or can it have been open to the public (even if others didn't use it)

cobhguy28

ROY RACE wrote: »

Bascially small bit of land behind me in Cobh was used as a carparking spot by neighbour now he wants to claim squatters rights on it so itll be legally his-how do i oppose this and what grounds should i use.

thanks for any advice

If it's public land it's 30 years. But parking a car seems insufficient. Here's a good article about it.

http://m.independent.ie/business/farming/the-legal-maze-of-squatters-rights-laid-bare-26872250.html