Adverse possession

Monkeyman123

So 30 years ago my father purchased land, in two parcels. He paid for the land but never signed the deeds (he's an idiot) but the payments were made.

Fast forward to now, land sold to us by the previous owner(deceased) is being disputed by new owners as the land adjacent still includes the land we purchased on their surveyor maps and deeds.

The second parcel of land was sold by the neighbour to us around the same time, it was only discovered recently when we tried to sell our property that this was also not included in our deed. NOT ONLY WAS IT NOT INCLUDED but it wasn't his land to sell either.

Allthough this land went through an auctioneer and a solicitor, the other party selling both parcels of land received their money. Now the new property owners of both parcels of lands are requesting their land back.

How is this possible that such incompetency exists ?

Now on to my question, because this property has been occupied by my parents for 30 years adverse possession must apply to this situation? There are letters about the maps and requests for money between solicitors about the property?

Is it possible that we can apply for adverse possession without needing a legal representative or so I need to take that route?

Also is there a way the solicitor can take liability for not securing all details to prevent such a thing from happening?

Former Former Former

The 30 year rule only applies to public land, for private land I believe it’s 12.

If your father was advised by a solicitor, then he was extremely poorly served and if the practice is still there then you should make a complaint.

However, the point of adverse possession is that it happens without the owner’s permission, so having paid for the land actually counts against you, as I understand it. You need a competent solicitor asap, you cannot do this without legal advice.

monseiur

As solicitors were involved there must be a paper trail on both sides - visit your fathers solicitor and demand this paperwork. If they refuse to co operate contact The Law Society of Ireland. Adverse possession should be a last resort

Markcheese

Having paid once in a lump sum to a previous owner shouldn't count against you now ,many years later , should it ? Although it depends on which case youre taking ,an adverse possession case ? Or it was purchased but the deeds not signed ..

Is,and has the land been fenced off ? For adverse possession

I'm assuming there's no witnesses to your dad's purchases? + any paper trail would be good ..