Does a change of ownership in a will affect my right to claim adverse possession?

leitrimjohn

I have been using a shed on my brother's land for just under 12 years. About six months after my brother died, my niece and her husband who inherited the land asked me to remove my stuff and stop using the shed.

Anyone know if I am legally obliged to move out or whether the change of ownership affects my possession? Reason for the second part of my question is that I was thinking of stalling for three months until the 12 years required to claim AP is up.

Sorry if this issue has come up before, but I cannot find it anywhere on the first page and the most recent individual thread may well be out of date

beveragelady

Whatever about the legality, surely you understand that you should do what's decent?

Fandymo

https://www.boards.ie/discussion/2058204804/does-a-change-of-ownership-in-a-will-affect-my-right-to-claim-adverse-possession

Would it be adverse possession if your brother was letting you use it? Surely only now that you've been asked to vacate it's adverse possession.

Del2005

You need to talk to a solicitor because your understanding of adverse possession may be incorrect. Even if I'm wrong you will still need a solicitor.

magicbastarder

"to succeed in a claim for adverse possession, it is necessary to show that the the true owner was dispossessed and that the squatter’s use and occupation of the lands was made with the intention of acquiring possession."

as i read that, you'll need to prove that for the last 12 years, your intention was to acquire the shed. also, i believe you need to prove that your brother was making no use of the shed during that time.

thirdly, is it worth creating all that aggro in your family over a shed?

beveragelady

Her father died and she has inherited the land. That's all there is to it. There's still time to back out of this without being a total phallus to your niece and her family. They're not going to let you keep using the shed.

Maybe make them a reasonable offer? Surely that should be your first option before trying to sneak their inheritance from them?

I seem to recall that you need to have evidence that shows that for 12 years you have been actively excluding the original owner. Even with all the evidence there is no guarantee that the case will go your way.

Back off, be a decent person.

magicbastarder

anyway, he's been there under 12 years by his own admission, thus cannot claim adverse possession. the question is moot.

also made moot if his brother was allowing him to use the shed. looks literally just like a land grab.

leitrimjohn

Thanks everyone for your feedback. You've been a big help.

10fathoms

Call the Bull McCabe, he has experience in these matters.

banie01

@leitrimjohn I'll not lay out what I think of your proposed course of action other than to ask surely after losing her father? You'd not seek to force a spurious claim action on your niece?

Your brother left you have the use of the shed. A conversation with your niece may allow that use to continue. There is no case for adverse possession in any event as you were using the shed with permission.

GerardKeating

https://www.boards.ie/discussion/2058204804/does-a-change-of-ownership-in-a-will-affect-my-right-to-claim-adverse-possession

Since you were using the shed "with permission", the "clock" on your adverse possession claim could only really start when then asked you to stop using the shed, so you have 12 years to go now.

leitrimjohn

Thanks again everyone for your input. Especially the last two posters who have given me

all the info I need