Building on a land partially claimed (Adverse Possession)

spupazza

Hi all, I'm in the process of buying a site.

I have been told by the estate agent that a relatively small part of that site is claimed by one of the neighbors (Adverse Possession).

He apparently fenced the land (not sure when he did). I'm not even sure if he actually 'possessed' the land for 12 years or longer.

My 2 questions are:

1-Is there a registry where I can actually check if the claim has been officially recorded?

2- If I finalize the purchase, do I have the right to remove the fence and the trees on it without asking any permission?

chrisd2019

https://www.boards.ie/discussion/2058296185/building-on-a-land-partially-claimed-adverse-possession

I would start by asking the estate agent for more information and detailed official drawing of the area.

Is there an alternative site without this issue, as it could be an issue that would delay the purchase.?

spupazza

https://www.boards.ie/discussion/comment/120587829#Comment_120587829

I have the official drawing (official print of the Property Registration Authority document with map included). But there's no mention there of this claim.

I'm meeting with a lawyer on Tuesday to understand if I should proceed further, but I wanted to know if there's a way to check if this claim has been registered in order to bring this evidence to the lawyer.

chrisd2019

I suggest you push this matter back to the vendor, they should have the required information if it exists.

When you say a small portion of the site, please describe it in more detail, and what is the motivation of the neighbour.

If he fenced it, what did he use it for?

Would it be possible for you to purchase without this fenced area, and let the vendor and the other party do as they wish with this disputed section?

FishOnABike

What has the vendor to say about it? If you're dependant on a loan to buy the site or build on the site at any stage this could be problematic.

Similarly if you ever need to sell in future it will be your problem if it is not solved before you buy.

Even with a substantial discount on the price my first choice would be to look for somewhere that doesn't come with a problem.

NattyO

I would only buy a site like that subject to resolution of the claim, and only then if it was a site I was very determined to have. It is extremely unlikely your solicitor will allow you to buy it any other way, not to mention what your bank will say if they are involved. The adverse possession claim could run for years and cost thousands, plus you are buying a site that won't be the size you are paying for.

Ginger83

It sounds like you will have a problematic neighbour with this site.

chooseusername

https://www.boards.ie/discussion/comment/120587857#Comment_120587857

Check Land registry online map for any pending applications that may be mapped or awaiting attention.

FishOnABike

Land registry maps are not conclusive

https://businessandlegal.ie/property-boundaries-and-property-in-ireland-what-you-need-to-know

Section 85 (description of registered land) of the Act of 1964 as substituted by section 62 of the Act of 2006.

“85.—(1) Registered land shall be described and identified by reference to the registry maps concerned in such manner as may be prescribed.

(2) Except as provided by this Act, neither the description of land in a register nor its identification by reference to a registry map is conclusive as to its boundaries or extent.”

I'd be more concerned with the potential cost of a few days in the High Court if there were problems with boundaries and/or adverse possession of part of the land.

https://www.boards.ie/discussion/2054961185/level-of-costs-involved-in-a-high-court-case

chooseusername

https://www.boards.ie/discussion/comment/120589510#Comment_120589510

Pending applications means the boundaries have been changed or are in the process, but maps not yet updated.

spupazza

https://www.boards.ie/discussion/comment/120589011#Comment_120589011

Thanks lads for all the advice.

I went on the land registry site :https://www.landregistryireland.com/map-search and from there clicking on the site there's no trace of any pending application.

Is there any place where ,if made official, I could certainly find the application?

chooseusername

You could have a look at Google Earth Pro and wind the clock back to 2011 and you might be able to see the fencing.

You could also buy a copy of the neighbours folio for 5 Euro and it will tell you how long they have lived there.

chooseusername

https://www.boards.ie/discussion/comment/120589647#Comment_120589647

I don't know if that map shows any pending applications. The Landdirect.ie one shows them like this;

moat.jpg