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How long before a boundary move becomes permanent?

  • 04-08-2023 6:33pm
    #1
    Registered Users, Registered Users 2 Posts: 5


    Apologies if this is in the wrong place.

    I’m trying to find out if someone pushes in a boundary and places concrete/wall in on someone elses property, when does that property officially become theirs i.e. when is it too late to bring action against them?

    This particular encroachment happened almost 4 years ago, but the owner wasn’t in a position to go about it at the time due to someone in the home suffering from a terminal illness. Solicitor says too much time has passed, are they correct?

    TIA



Comments

  • Registered Users, Registered Users 2 Posts: 46,549 ✭✭✭✭muffler


    Well, only a solicitor can give you the legal opinion on the matter. As a "non legal" person I was always led to believe that it was something like 12 years in which steps could be taken to sort these things out. Then again I cant say that for sure.



  • Registered Users, Registered Users 2 Posts: 8,048 ✭✭✭con747


    Seems the 12 year rule is the one.

    Adverse Possession (Squatters’ Rights)

    Adverse possession is when a person claims that they should replace the current registered owners of the property by dint of their continuous occupation of the property for a period of no less than 12 years. A section 49 Application must be made to the PRA in order for the title to be passed to the new owner i.e. the adverse possessor so to speak. Given the gravity of what is being requested (the transfer of property to someone for no consideration) the documentation required is extensive.

    https://www.irishtimes.com/life-and-style/homes-and-property/our-neighbour-s-hedge-doesn-t-match-the-boundary-shown-on-the-deed-map-1.4733115

    Don't expect anything from life, just be grateful to be alive.



  • Registered Users, Registered Users 2 Posts: 10,949 ✭✭✭✭suvigirl


    The owner has 12 years to take action, definitely not too late.



  • Registered Users, Registered Users 2 Posts: 5 Gilmore_Girl


    Thank you all so much, think solicitor was brushing us off a bit, definitely less than 12 years for part of the encroachment



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