Section 49 Adverse possession on lane way to property/land

Standard Toaster

Looking at purchasing a house and land with a laneway to them off the main road. Better described as a driveway.

The folio of the house/land does not include the laneway though it's been in use by the family for 5 generations.

The lane is not shared nor is used by anyone else, it's essentially a driveway to the house and land.

Does anyone hazard a guess how long it'd take the seller to put this right?

Their solicitor will pursue Section 49 Adverse possession for it but our own solicitor is weary of the unkown time frame that might take.

The x3 neighbours land that straddle the lane have said they would sign a declaration no problem, though there's nothing to contest. (they don't and have never used the laneway/driveway.

It's naturally holding up the sale as the house/land is land-locked until put right.

Thanks!

Peregrinus

It could take a long time. The owner of the land (who may be someone other than the neighbours on either side) could object to the application, and it could end up in court.

Standard Toaster

And if the owner was unknown or the land wasn't registered at all?

The lane to the house is there at least 200yrs, same age as the house.

Peregrinus

The owner being unknown or the land being unregistered are not factors which make it any easier to offer reassurances that the process will be brief. We may not know who the people entitled to object are, but that doesn't mean that they don't know who they are.

If the lane really has been occupied and used exclusively by the occupants of the house for 200 years, that's a factor which might give you confidence that (a) an objection is unlikely to be made, or (b) if made, is unlikely to be successful, and therefore you might decide to proceed with the purchase before the application for possessory title is determined.

But the question you've asked is not how confident you can be that the problem will be sorted satisfactorily, but how long it might take to get it sorted. And if we can't identify the people who might be in a position to object to the application, that question is hard to answer.

Claw Hammer

Your main problem is firstly to ensure you have a right of access to your land. Are you happy with the statutory declarations provided by the current owners and if necessary the neighbours?

Secondly will your solicitor/lender accept the situation as it currently is. If so, you can buy and try and sort out the adverse possession afterwards. If you want it sorted before purchase you could have a very long wait. Even wothout objection, it could take a year or more. If the same family have been on the land for so long you might be able to trace a paper owner through their deeds. Sites may have been sold off over the years and that strip of land is the residue of a larger site. If you can find the paper owner it would simplify matters.

Del2005

https://www.boards.ie/discussion/comment/121524941#Comment_121524941

https://www.boards.ie/discussion/comment/121525544#Comment_121525544

How can the OP apply for adverse possession if they haven't been using it for 12 years? Even if the process is started by the vendor once the OP buys the property would the clock not start again?

Donald Trump

If there is no gate on it, it would be difficult to establish AP. However you would have a cast iron easement under lost modern grant

Claw Hammer

https://www.boards.ie/discussion/comment/121542836#Comment_121542836

No. the o/p can graft on to the possession of his predecessor.